Privilege logs that hold up when the production schedule slips
Privilege logs rarely fail because a document was wrongly withheld. They fail because the entries are vague, inconsistent or late. A log built entry by entry during review, to one agreed format, survives a slipping schedule; a log reconstructed in the final week usually does not.
Why logs break down
Under deadline pressure, reviewers default to generic descriptions: a communication seeking legal advice, a draft reflecting counsel input. Repeated a few thousand times, those phrases give the other side an easy argument that the log does not let anyone test the claim.
The second failure is inconsistency. When two reviewers describe the same email chain differently, both entries become harder to defend.
A format that carries weight
A good entry identifies the author and recipients by role, names the lawyer involved, and describes the subject specifically enough to show why privilege applies without revealing the advice itself.
| Field | Weak entry | Stronger entry |
|---|---|---|
| Author | Company employee | Director of pricing |
| Counsel | Legal | Named in-house counsel |
| Description | Legal advice | Request for advice on distributor rebate terms |
| Basis | Privileged | Attorney-client communication |
The right time to write a privilege entry is the moment the reviewer understands the document. Every week after that, the entry gets vaguer.
Serrano Litigation, partners' note
Keeping the log steady when dates move
- 01
Lock the format
Settle fields and phrasing with the other side or the agency before production begins.
- 02
Assign an owner
One senior reviewer signs off every batch of entries before it is merged.
- 03
Sample weekly
Pull twenty entries at random and read them cold, looking for the vague ones.
- 04
Fix forward
Correct patterns in the next batch rather than rewriting the whole log at the end.
When a challenge arrives anyway
Respond with specifics. Offer supplemental descriptions for the categories in dispute, and consider producing redacted versions where a document mixes business and legal content. Courts and agencies tend to reward the party that engages with the detail.
Common questions
Do we have to log every email in a chain?
It depends on the agreed protocol. Many parties log the top message of a chain with a note on the earlier messages, but that needs to be agreed in advance.
Can business advice be privileged?
Only where the predominant purpose is legal advice. Mixed documents are the most frequently challenged category, so describe them with particular care.
What if we find a mistake after production?
Raise it promptly. Most protective orders include a clawback process, and acting quickly matters.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every matter turns on its own facts.
