Lesson plan
Privilege log
A privilege log is a document that describes documents or other items withheld from production in a civil lawsuit under a claim that the documents are "privileged" from disclosure due to the attorney–client privilege, work product doctrine, joint defense doctrine, or some other privilege. A party withholding privileged documents from discovery complies with Rule 26(b)(5)(A) by producing a log containing the following information for each withheld document: the date, type of document, author(s), recipient(s), general subject-matter of the document, and the privilege being claimed (e.g., attorney-client). A production log or similar document may explain where documents on the privilege log were found, identify lawyers on the log, or provide other information. Whenever a claim of privilege is made, the person making the claim has the burden of showing that the privilege applies. Therefore, it is generally the withholding party's burden to provide sufficient information on its privilege log to allow the opposing party to assess the claim of privilege, inquire further, or seek in camera review of the withheld documents or other Court involvement, if necessary.
Article summary
A privilege log is a document that describes documents or other items withheld from production in a civil lawsuit under a claim that the documents are "privileged" from disclosure due to the attorney–client privilege, work product doctrine, joint defense doctrine, or some other privilege. A party withholding privileged documents from discovery complies with Rule 26(b)(5)(A) by producing a log containing the following information for each withheld document: the date, type of document, author(s), recipient(s), general subject-matter of the document, and the privilege being claimed (e.g., attorney-client). A production log or similar document may explain where documents on the privilege log were found, identify lawyers on the log, or provide other information. Whenever a claim of privilege is made, the person making the claim has the burden of showing that the privilege applies. Therefore, it is generally the withholding party's burden to provide sufficient information on its privilege log to allow the opposing party to assess the claim of privilege, inquire further, or seek in camera review of the withheld documents or other Court involvement, if necessary.
Key claims
No claims recorded.
Discussion questions
- Summarise the article in your own words. Which single claim would you verify first, and why?
- Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
- If two sources disagreed about one of these facts, what would you need in order to trust one over the other?
Bibliography
No sources recorded.
Key claims and bibliography are generated from the same tracked claims and sources as the article page.