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Privilege logs: describing what is withheld, without giving it away

When documents are held back from a production as privileged, the other side is usually entitled to a log describing them. A clean log, kept as the review happens, avoids motions and delays.

Legal support4 min readCorvane Ashmoor & Co.

In Florida civil cases, a party withholding otherwise discoverable information as privileged or as work product must make the claim expressly and describe what is withheld in a way that lets others assess the claim, without revealing the protected information itself. Federal courts have a similar rule. Counsel decides what is privileged. Litigation support keeps the log.

What each entry usually shows

  • A document number or range.
  • The date.
  • The author and the recipients, with their roles.
  • The type of document: email, letter, memo, notes.
  • The privilege claimed: attorney-client, work product, or another.
  • A short description of the subject that does not reveal the advice itself.

Log as you review

Entries written during the review are far more accurate than a log rebuilt at the end. Use the same wording style for similar documents.

Check before it goes out

Counsel reviews every entry and the final log before it is served.

Our privilege log builder keeps the entries and prints the log.

Litigation support is performed at the direction of a licensed attorney. Privilege decisions are counsel's alone.

This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.

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