Is It Privileged? A Young Lawyer’s Guide to Preparing a Privilege Log in Commercial Litigation
June 29, 2018
Preparing privilege logs can be one of the most time consuming and difficult tasks in commercial litigation. It is also commonly assigned to the more junior attorneys on the team. As recognized by the Delaware Court of Chancery, “[t]here is no reward for doing a good privilege log. It’s painful. It results in these huge documents. No one has any incentive to be responsible [on] a privilege log as opposed to [being] overinclusive. Junior associates or paralegals get tasked with it. They screw up if they don’t log a document, not if they come to the partner and say, ‘Really, this one shouldn’t be logged.’” Klig v. Deloitte LLP, 2010 WL 3489735 at *3 (Del Ch. Sept. 7, 2010).