Avoiding Objections to Privilege Logs: Criteria for Inclusion, Descriptions, Format Options, and Remedies

A live 90-minute CLE webinar with interactive Q&A


Tuesday, August 18, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 31, 2020

or call 1-800-926-7926

This CLE webinar will focus on the critical importance of preparing a privilege log that does not generate expensive discovery disputes and further re-drafting of the record or waiver of the privileges. Privilege logs can undermine the discovery process because they often lead to lengthy and costly disputes. Recent cases indicate that even experienced counsel still struggle with how to prepare and produce a practical log adequately and without drawing objections.

Description

A party withholding an otherwise discoverable document on grounds of the attorney-client privilege or work product must expressly claim and importantly, justify that right. The log must describe the nature of the documents, communications, or tangible things not produced or disclosed--and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.

Too many attorneys are overly inclusive when making the privilege determination and attempt to withhold any communication sent to an attorney regardless of the content. This practice usually leads to describing the content as "regarding" some broad subject matter, such as "contract issues" that offers no hint of legal advice.

The log should also adequately describe the relationship between the authors and the recipients, escpecially if the communications involve third parties whose entitlement to the privilege is unclear.

Needless objections can be avoided by careful planning at the Rule 26(f) planning conference where the parties may be able to exempt certain categories of documents from the start.

Listen as the panel discusses how to avoid costly mistakes when withholding privileged documents and work product, best practices for selecting the the form of the log, and how to prevent needless objections and having to repeat the exercise again.

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Outline

  1. Overview of FRCP 26(b)(5), 26(f), 34(b)(2)(C), FRE 502
  2. Form of a privilege log
    1. Document by document
    2. Category
    3. Metadata
  3. Sufficiency of description
  4. Timing
  5. Objections and sanctions

Benefits

The panel will review these and other issues

  • What categories of documents are excludible from production?
  • What do recent cases advise as to best practices for privilege logs?
  • Can the judge deem the privilege waived as a sanction?
  • Is the identity of a document ever protected from discovery?

Faculty

Fisher, Donna
Donna L. Fisher

Special Counsel
Troutman Pepper

Ms. Fisher a Senior Counsel at Troutman Pepper’s Harrisburg office. She concentrates her practice in civil...  |  Read More

Grounds, Alison
Alison A. Grounds

Partner
Troutman Pepper

Ms. Grounds is a partner at Troutman Pepper based in Atlanta and is the founder and Managing Director of eMerge –...  |  Read More

Hamilton, Matthew
Matthew J. Hamilton

Partner
Troutman Pepper

Mr. Hamilton Partner in Troutman Pepper’s Philadelphia office. He has more than twenty-four years’...  |  Read More

Lichter, Jason
Jason Lichter

Director of Discovery Services
Troutman Pepper

Mr. Lichter is the Director of Discovery Services at Troutman Pepper eMerge, the firm’s wholly-owned subsidiary...  |  Read More

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