Legal Services Offshore blog
Preparing privilege log data without deciding privilege
A field-by-field review of privilege log entries that keeps legal conclusions with counsel and data quality with the support team.
The log is a legal document built from data
Privilege logs are often delayed because the legal conclusion and the data entry are treated as one task. They can be separated. The assistant compiles the document metadata and the source references; counsel determines whether a document is privileged and how to describe it.
Capture the required fields
Record the document identifier, date, author, recipients, document type, subject, the privilege asserted, and the basis as approved by counsel. Add the source location and the review status. Keep the field set consistent with the court’s requirements and the firm’s template.
Verify the metadata against the document
Check that the author and recipients match the document header, that dates are not estimates, and that attachments are logged separately where required. A log entry that misstates the author undermines the assertion even when the privilege is sound.
Do not fill gaps with assumptions
If the author is unclear, the email chain is incomplete, or the document family is missing pages, record the gap. Do not infer a lawyer’s involvement from a domain name or a signature block. Counsel decides whether the record supports the assertion.
Run a consistency sample
Before the log is served, sample entries across document types and check the descriptions for consistent phrasing and field completeness. Compare the log to the withheld documents to confirm that every withheld item appears and every listed item is actually withheld.
Protect the log
The log reveals the shape of the case and the advice sought. Store it with restricted access, avoid circulating drafts outside the team, and keep versions so counsel can see what changed before service.