---
title: "Summarise a technology-assisted review for a privilege pass"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/summarise-discovery-for-privilege-review-with-technology-assisted-review/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-B8-3-US"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Summarise a technology-assisted review for a privilege pass

> 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.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/summarise-discovery-for-privilege-review-with-technology-assisted-review/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Summarise discovery for privilege review with technology-assisted review](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/summarise-discovery-for-privilege-review-with-technology-assisted-review.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The summary is an input to the lawyer's review. It is not the privilege log that is served.
- A coding decision by the tool is not a claim of privilege. Only the lawyer makes that claim.

## Sources

- [Federal Rule of Civil Procedure 26(b)(5) (claiming privilege or protecting trial-preparation materials)](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Litigation hold notice (federal civil)](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-litigation-hold-notice.md) | Notice | 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](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-rule-26f-discovery-plan.md) | Court document | 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)](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-stipulated-protective-order.md) | Court document | 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](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-esi-protocol.md) | Agreement | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*