Index prompts and outputs for a privilege and work-product review

Key facts

Human involvement

Yellow · Close supervision

How AI is used

Index each prompt and output with its date, the matter name in the file, and whether the file says it was prepared for litigation. Write no privilege description.

What the lawyer must review

You decide what is withheld and you write the description. Federal Rule of Civil Procedure 26(b)(1) allows discovery of any nonprivileged matter that is relevant to any party's claim or defence and proportional to the needs of the case. Rule 26(b)(3)(A) ordinarily prevents discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party or its representative, unless they are otherwise discoverable under Rule 26(b)(1) and the requesting party shows substantial need and that it cannot, without undue hardship, obtain the substantial equivalent by other means. If the court orders discovery of those materials, Rule 26(b)(3)(B) requires it to protect against disclosure of mental impressions, conclusions, opinions or legal theories of the attorney or other representative. When a party withholds information as privileged or as trial-preparation material, Rule 26(b)(5)(A) requires the party to expressly make the claim and to describe the nature of the items, without revealing the privileged or protected information, so other parties can assess the claim. If information is produced and a claim is then made, Rule 26(b)(5)(B) states the notice, return, sequester or destroy steps. Model Rule 1.6 still applies to disclosure outside discovery. No preservation or litigation-hold rule was opened.

Written for / version

United States versionUS