Privilege logs are always a hot topic in eDiscovery, and EDRM has just launched a Privilege Log Survey for the Global Community. Here is information regarding the survey, including the link to take it.
The page containing the privilege log survey notes that the Judicial Conference Advisory Committee on Civil Rules has received a suggestion that rule changes be adopted to address difficulties in complying with FRCP Rule 26(b)(5)(A) (regarding claiming privilege and withholding information as a result) in some cases.
Here is the text of the landing page:
Greetings to our wonderful EDRM community,
We invite you to participate on EDRM’s Privilege Log Global Community Survey which is open today through Friday July 30th and is completely anonymous. We are happy to support our Priv Log Project’s work product, which gained thumbs up from 4 out of 4 judges in the Georgetown Sharktank, in a FRCP (Federal Rules of Civil Procedure) opportunity for change that a formal suggestion by the Lawyers Committee for Civil Justice (LCJ) opened.
EDRM is a global multidisciplinary organization with participants on all sides of the legal spectrum including defense, plaintiff, government, non profit, and individuals. We seek the input of all constituents in this survey that will inform our collective approach to rules changes around handling privileged documents.
Thank you in advance for participating in our survey. There are 17 questions and it takes 2-3 minutes to complete.
The EDRM Privilege Log Protocol Committee plans to submit its Privilege Log Protocol as a possible alternative to manual log entry. EDRM would like to gather data on the current sentiment surrounding privilege logs, and then submit that information to the Rules Committee in the aggregate. Participation in the survey is voluntary and all responses are anonymous.
Thank you in advance for sharing your insights,
Mary & Kaylee
EDRM
So, what do you think? Do you struggle with manual privilege logs? Then, consider taking the privilege log survey! Please share any comments you might have or if you’d like to know more about a particular topic.
Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
I hope everyone who responds to the survey pauses to consider whether it’s in the best interests of justice to reduce the specificity of privilege logs or substitute the (essentially useless) metadata-only logs for which support is sought, Privilege is a privilege, and should come coupled with a duty to demonstrate its merit. Privilege is already used far too often to hide relevant and discoverable data from your clients. Please, when you respond, consider whether you want to promote a system where privilege is made easier to abuse? It’s supposed to be a hurdle.
[…] on! Missed this a few days ago when it was published but the EDRM Privilege Log survey results (launched late last month) are now […]