Summarise a technology-assisted review for a privilege pass
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the review set the lawyer has already coded, list the documents flagged as possibly privileged or as trial-preparation material, with the metadata fields the lawyer names. Do not decide that a document is privileged and do not write the description that goes on a privilege log.
- What the lawyer must review
- Federal Rule of Civil Procedure 26(b)(5)(A) provides that when a party withholds information otherwise discoverable by claiming that it is privileged or subject to protection as trial-preparation material, the party must expressly make the claim and describe the nature of the documents, communications, or tangible things not produced or disclosed, in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim. Rule 26(b)(5)(B) sets the notice procedure after information has already been produced: the receiving party must promptly return, sequester, or destroy the specified information and must not use or disclose it until the claim is resolved. That paragraph does not decide whether the production waived the protection. The lawyer makes the claim and writes the description. ABA Formal Opinion 512 leaves the lawyer responsible for the tool's output.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Litigation hold notice (federal civil) | Notice | AI use Yellow | Notice to a client's custodians to keep documents and electronically stored information once federal litigation is reasonably anticipated, with a counsel log of the steps taken. |
| Rule 26(f) discovery-plan report | Court document | AI use Yellow | Joint report of the parties' Rule 26(f) conference for a United States district court, covering disclosures, phasing, ESI, privilege and the orders they will ask for under Rules 26(c) and 16(b). |
| Stipulated protective order (federal civil) | Court document | AI use Yellow | Stipulation and proposed order under Rule 26(c) for confidential commercial information in a federal civil case, with a Rule 502(d) non-waiver clause and a reminder that designation is not sealing. |
| ESI discovery protocol | Agreement | AI use Yellow | Agreement on preservation, search, and the form of production of electronically stored information in a federal civil case, for use with the Rule 26(f) report or as its own stipulation. |
Signed-in accounts can read the full text of each one. All precedents.