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Privilege logs are an often overlooked aspect of discovery—until there is a problem. Womble Bond Dickinson attorney Justine Kelly recently shared her insights on the timing and content to be considered when developing privilege logs, and as well as tips for implementing better practices, with the Spoliate This! podcast. The podcast focuses on eDiscovery, data forensics and legal technology issues.
Kelly said privilege issues should be examined at the start of the discovery process, rather than the end. “I always like to check and see what is asked of us at the outset, because it can influence the way you are going to conduct your privilege review,” she said.
She said that ideally, both sides in the cases should review and discuss the ESI protocol regarding privilege log expectations early on to prevent unnecessary confusion and costs.
Technology has helped standardize and streamline the privilege log process, Kelly said. “Depending on what kinds of logs you are generating, you can use the technology and data that you have already existing without having to recreate the wheel.”
Click here to listen to “Everything You Wanted to Know About Privilege Logs” with Womble Bond Dickinson’s Justine Kelly on Spoliate This!
Justine Kelly’s practice focuses on eDiscovery representing corporate clients in the collection, review and production of electronic and paper files. Kelly consults on eDiscovery issues in various types of matters including product liability litigations, civil litigations, anti-trust litigations, and government investigations including the US Department of Justice, the Federal Trade Commission and the Consumer Protection Safety Commission. As part of the leadership team for the firm’s BullDox group, she assists with the development and implementation of case document review strategies.
