Build a privilege log from the document set
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the date, author, recipients and file name from metadata. Write no description of the privilege claim that will be served.
- What the lawyer must review
- Rule 26(b)(5)(A) requires a party who withholds information as privileged or as trial-preparation material to make the claim expressly and to describe the nature of the documents or communications without revealing the privileged information, so other parties can assess the claim. The lawyer writes that description. Putting the documents into a public tool can waive the privilege and breaches Rule 1.6. Formal Opinion 512 requires the lawyer to protect confidentiality when using a tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
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.