This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.
viewpoints
Welcome to Reed Smith's viewpoints — timely commentary from our lawyers on topics relevant to your business and wider industry. Browse to see the latest news and subscribe to receive updates on topics that matter to you, directly to your mailbox.
| less than a minute read

The debate about privilege logs

Are traditional privilege logs worth the time and expense required to create them?  Most producing parties find the process burdensome and wasteful, and even requesting parties have conceded that, in many cases, those logs are not very helpful in evaluating privilege claims.  Stay tuned for a post about the EDRM Privilege Log Protocol which, in our opinion and in the opinion of multiple judges, has come up with improvements to the traditional process.  

In the meantime, the Discovery Subcommittee of the Judicial Conference Advisory Committee on Civil Rules is seeking comments about whether Federal Rule 26(b)(5)(A) should be amended. In order to provide some data, the EDRM Privilege Log Protocol Committee is conducting a survey of practitioners who have experience with privilege logs, whether primarily on the requesting party side, primarily on the producing party side, or on both sides. It only takes about 3 minutes to take the survey, so please click on the link to have your voice heard!

The EDRM Privilege Log Protocol Committee plans to submit its Privilege Log Protocol as a possible alternative to manual log entry. EDRM would like to gather data on the current sentiment surrounding privilege logs, and then submit that information to the Rules Committee

Tags

e-discovery, ediscovery, records & e-dicsovery, privilege, privilege logs, edrm, federal rules