A privilege log is a document that lists privileged, confidential information that a party withholds from disclosure based on possible or actual litigation, whether currently or in the future. Risk management privilege logs can be beneficial in several ways:

• Protection of Privileged Information.

  • By creating a privilege log, an organization can protect confidential or
    sensitive information from disclosure during litigation. The privilege log
    can identify the specific documents ordatan that are subject to
    privilege, making it easier to manage and protect this information.

  • Failure to create a privilege log may result in a Waiver of Privilege. A
    Waiver of Privilege is a failure to properly identify and withhold
    privileged information subjecting the information to the legal discovery
    process during litigation. This means that the information may be
    disclosed to the opposing party and potentially used against the
    organization during litigation.

• Strategic Advantage and Disadvantage.

  • A privilege log can also be used as a strategic tool during litigation. By
    identifying the specific documents or information that are subject to
    privilege, an organization can give its attorneys a better understanding of
    the strengths and weaknesses of their case and make informed decisions
    about which information to disclose and which to withhold.

  • A significant disadvantage of not having a privilege log is that the
    the organization may not have a clear understanding of the strengths and
    weaknesses of its case, putting them at a strategic risk during litigation
    from being unable to make informed decisions about what information to
    disclose or withhold.

  • An order by the Court disallowing privilege on a document may place
    the organization and brand at risk depending on the information
    contained within the document and a compensable risk to the legal
    litigation outcome.

• Cost Management.

  • A privilege log can help decrease production costs by decreasing search
    and research times for targeted items during the discovery process. This is
    because the privilege log allows an organization to identify and withhold
    privileged information more efficiently, reducing the number of documents
    that need to be reviewed and produced.

  • Without the organizational benefits of the privilege log, a loss of control
    over the production process may decrease available resources that could
    be placed toward process improvement activities, risk assessments and
    mitigation strategies, and safety programs.