Privilege Log

This technical note discussed preparing a privilege log in the Lexbe eDiscovery Platform (LEP).

General

LEP automatically generates a privilege log of all privileged documents for opposing counsel’s review, after running a production.  The Privilege Log is located under the Discovery Page and it displays all documents in a particular production that have been marked as "Responsive" and subject to "Attorney-Client Privilege."  It also shows which documents have been marked as "Responsive," "Work Product," and "Confidential."

By default, the Privilege Log displays the fields below.  However, the user may change the default settings.


How To Create Privilege Logs

1-Go to Discovery->Privilege Log.  Select a Production by the title. The drop down menu will display all the productions that have been validated, but NOT downloaded or deleted. See Validate Production for more information.  


2-Select Fields. When a production is selected, the main table displays by default certain fields (e.g. Doc Type, Attorney-Client Privilege, Work Product or Confidential) that help identify the documents withheld due to privilege, meeting privilege log requirements in most cases. 




The user may also select additional fields to include in the report, to fully customize the layout of the privilege log similar to Show Fields in the Browse or Search pages. To customize the privilege log, click the Show Fields link. 


This action will open the Show Fields dialog box.  Select fields by checking and unchecking the ones to include in the privilege log.  The user may create and display additional custom fields for special needs.  An example would be to keep a record of documents redacted within LEP and include the results in a redacted log or to view the document file extension.


3-Create Custom ViewsA list of all the fields selected during a session is automatically saved to the current data table whenever the user clicks on the Show Fields hyperlink.  It is not necessary to select the same fields each time the user opens a Custom Privilege log previously created in the case. 

Field Quick Links: The default link titles are under the Recent Field YYYY-DD-MM format.  To rename, click the Edit hyperlink (e.g. Redaction Log). Use Edit to pin and share fields used frequently, delete existing records or Cancel.  The Field Quick Links section is divided into three subsections:  
•Shared. View saved shared fields under this section. To share or unshare fields with other users in the current case click Edit and check or uncheck the "Shared" icon checkbox when the Shared/Pinned Fields dialog box appears. This option will share the fields with all current users that have access to the case.
•Pinned. Click the Edit hyperlink, select recent fields by the title and use the checkbox under the pin symbol to pin fields. Click OK to save these changes or Cancel. The pin icon will move the selected recent fields up to the Pinned section. 
•Recent. It shows the history of fields selected. 

Production

Privilege and Work Product files are not included in the set of documents produced. These can be downloaded and saved to the desktop by clicking the Download Withheld button.



Bates Range Field

The Bates range of productions, including Privileged, Work-Product, and Special Designation documents withheld may have different Bates prefixes for associated productions to allow independence of Bates ranges. Those fields are frozen as of the date the Production is run.   If the user needs to work with updated values, a custom privilege log should be created on the Browse page with the needed fields.


The Bates Number shown on the BrowseSearch, and Document Viewer pages reflects the Bates number the document was assigned in the last production. The Bates Number for any document is stored with the production so that it can be downloaded multiple times and still retain the Bates number that it had when the production was first created.  

Exporting the Privilege Log

It is possible to export the Privilege Log to Excel using the Export to Excel button on the left side of the screen.
 



Once in Excel, further modifications to the privilege log may be performed and the user may print or save as a file for delivery to an adversary. Delete columns that should not be delivered.  The dates for the Briefcase Export are in US format. Excel allows sorting on any of the exported fields. If delivering an Excel file, make sure to turn off or remove all comments, "fast saves," metadata saving, or anything else that might provide confidential information or work product, or evidence of prior versions). 


Association of Email Messages and Their Attachments

The Privilege Log may be used to show the association of email bodies and attachments. When Bates stamping is applied in a Production to privileged and work product documents (which are responsive and withheld from production), Bates numbering is applied to an email and its attachments in order.  So the Bates ordering, along with the Doc Type field showing of a document as a message or attachment, provides the email parent-child associations.

In the Privilege Log the file extension field can be shown, which will show MSG for Outlook email message bodies and the various email attachment file types (e.g., DOCS for MS Word, PPTX for MS PowerPoint).  Additionally the Attachment field can be shown, which identifies email attachments.  As a Standard Privilege log, the MSG emails and their attachments will be Bates numbered in order.  Once the Production is run, a Privilege Log can show the File Extension, along with the Attachment field, to show emails and their attachments in order.    



Redaction and Custom Privilege Log

It is possible to create specific logs for redacted documents or custom privilege documents from the Browse or Search pages.

Coding Documents to Finalized Privilege Logs

To finalize the Privilege Log, objective coding of the attachment and loose native file Doc Type (e.g., Report, Memo) may be needed. Some of this can be done with Multi Doc Edit based on extension type, but this depends on the specific needs of the Privilege Log in a particular jurisdiction. 

It is possible to objectively code in several ways to finalize the Privilege Log:

1-Open the documents in the Document Viewer from the Privilege Log page and code the needed fields in the Metadata section (Admin or Power User rights needed to code metadata). 



Save and refresh the Privilege Log page to see the changes reflected in the main table:


2-Use the Multi Doc Edit function in Browse to code the Doc Type field if accurate. For example, to change the Doc Type for all Excel reports to "Spreadsheet" rather than something more specific (e.g., Budget Report), filter on Extension = XLS and multi doc edit the Doc Type field to "Spreadsheet."



3-Download the Privilege Log in Excel and update coding in the Spreadsheet. It is possible to tag multiple files (modify multiple fields simultaneously), by generating custom Excel spreadsheets that can be uploaded into a case in LEP. This allows the user to edit most fields in the Platform.  See Upload Metadata for more information.

Professional Services (billable hourly) is available for Project Management and other support related to specific requests for document identification and custom logs.