---
title: "Build a privilege log from the document set"
url: "https://ailawframework.com/practice/in-house-general-counsel/build-a-privilege-log-from-the-document-set/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A40-T1-R8-US"
practice_area: "In-House / General Counsel"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build a privilege log from the document set

> List the date, author, recipients and file name from metadata. Write no description of the privilege claim that will be served.

Canonical page: https://ailawframework.com/practice/in-house-general-counsel/build-a-privilege-log-from-the-document-set/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [In-House / General Counsel](https://ailawframework.com/practice/in-house-general-counsel.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Build a privilege log from the document set](https://ailawframework.com/practice/in-house-general-counsel/build-a-privilege-log-from-the-document-set.md) |

## Checking plan

- What the AI does: List the date, author, recipients and file name from metadata. Write no description of the privilege claim that will be served.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A privilege log is served. The tool writes none of the text that is served.
- Rule 26(b)(5)(B) is the clawback step after a privileged document is produced. It is not a substitute for the log.
- Work-product and attorney-client privilege are different claims. The lawyer chooses the 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 Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (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 |
| --- | --- | --- | --- |
| [Compulsory regulator notice response checklist (ASIC s 33 and ACCC s 155 notices)](https://ailawframework.com/precedents/in-house-general-counsel/compulsory-regulator-notice-response-checklist.md) | Checklist | Red | A step-by-step checklist for an in-house team that receives a compulsory notice from ASIC or the ACCC: triage, preservation, scope negotiation, search records, privilege schedule, signed response… |

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.*