Build a working schedule of documents for a privilege review
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the document list the lawyer has selected, copy date, author, recipient and document type into a schedule, with the file reference. Do not mark a document privileged or not privileged, and do not write the description that will appear in a filed list.
- What the lawyer must review
- Where the Evidence Act 1995 (Cth) applies, the lawyer decides each claim. Section 118 protects a confidential communication or confidential document made or prepared for the dominant purpose of a lawyer providing legal advice to the client. Section 119 protects a confidential communication or confidential document made or prepared for the dominant purpose of the client being provided with professional legal services relating to an existing, anticipated or pending Australian or overseas proceeding. Section 122 sets out when that protection is lost, including by consent or by conduct inconsistent with objecting to disclosure, such as a knowing and voluntary disclosure of the substance. The lawyer confirms the evidence statute of the forum before relying on these sections, and writes any claim that is filed.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the document list the lawyer has selected, copy date, author, recipient and document type into a schedule, with the file reference. Do not mark a document privileged or not privileged, and do not write the description that will appear in a filed list. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the dominant purpose against the document, not against the file name.
- A communication between lawyers acting for the client can fall in section 118(b). A communication with another person can fall in section 119 if the litigation purpose is made out.
- Look for a knowing voluntary disclosure of the substance before a privilege mark is kept. Section 122(4) qualifies disclosure by an employee or agent.
- The filed list, if any, is written by the lawyer. The working schedule is not copied into it.
Sources
- Evidence Act 1995 (Cth) section 118, legal advice · 2026-10-22
- Evidence Act 1995 (Cth) section 119, litigation · 2026-10-22
- Evidence Act 1995 (Cth) section 122, loss of client legal privilege · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.