Location: Discovery -> Privilege Log
The Lexbe eDiscovery Platform (LEP) automatically generates a standard privilege log of all privileged documents in a production. A Privilege Log will list all of the documents marked privileged for review by opposing counsel. The Privilege Log is located under the Discovery Menu, and it displays all documents in a particular production that have been marked as both Responsive and subject to Attorney-Client Privilege or Work Product Privilege and designated as Confidential.
The following fields are included in the standard Privilege Log report, but users can add additional fields as required:
Last Modified By
For video instruction on privilege logs, follow this link.
How To Create Privilege Logs
2-Selecting Fields. When users select a production, the main table displays certain fields by default (e.g. 'Doc Type', 'Attorney -Client Privilege', 'Work Product' or 'Confidential') that help identify the documents withheld due to privilege, meeting the privilege log requirements in the vast majority of cases.
However, this feature also allows the user to select additional fields to include in the report, allowing the user to customize the layout of a privilege log similar to the Show Fields in the Browse or Search pages. To customize a privilege log, click on the Show Fields link.
This action opens the Show Fields dialog box, where users can select numerous fields by checking or unchecking fields to display in the privilege log. Additionally, custom fields may be selected for special needs.
3-Creating Custom Views. A list of the fields selected during a session is automatically saved to the current data table whenever a user clicks on the Show Fields hyperlink.
Field Quick Links: The default link titles are under the Recent Field YYYY-MM-DD format, but can be renamed by clicking on the Edit hyperlink (e.g. Redaction Log). Users may pin and share the most used fields, delete existing records or Cancel. Field Quick Links section is divided into three subsections:
• Shared: view the saved fields shared under this section. To share or unshare a user's own fields with other users in the current case click on the Edit button, and then check or uncheck the shared icon checkbox. Note that this option will share fields with all current users that have access to the case.
• Pinned. Click on the Edit hyperlink, select recent fields by the title and then 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 previously have selected.
Download Privileged Documents
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 (Discovery>Privilege Log>Production>Download Withheld).
Bates Range Field
The Bates range of documents in LEP productions, including Privileged, Work-Product and Custom Designation documents withheld might have different Bates prefixes for associated productions to allow independence of Bates ranges. Those fields are frozen as of the date the Production was run.
Also, the Bates Number shown on the Browse, Search and Document Viewer pages reflect the Bates Number the document was assigned in the last production. So, if multiple productions are run, the Bates Number for any document is stored with the production, enabling the user to download it multiple times and it will retain the Bates number that it had when the production was first created. Displaying Bates numbers for a given production on the Browse page can be done through the user of Custom Document fields and assigning them the Bates number after a production is run but before another production of some of the same documents is run.
Exporting the Privilege Log
When complete, the privilege log can be exported to Excel from the button on the left side of the screen.
NOTE: 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.
Showing the Association of Email Messages and Their 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 if a document is a message or attachment, provides the email parent-child associations.
In the Privilege Log the file Extension field could 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 showing the File Extension, along with the Attachment field, will show emails and their attachments in order.
Redaction & Custom Privilege Log
Coding Documents to Finalized Privilege Logs
To finalize the privilege log, objective coding of the attachments and loose native files Doc Type (e.g., Report, Memo) may be needed. Some of this can be done with Multi Doc Edit based on Extension type, depending on the needs for the specificity of the Privilege Log in a jurisdiction.
There are several ways to objectively code 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).
After saving and refreshing the Privilege Log page, the changes will be reflected in the main table:
2-Use Multi Doc Edit function in Browse to code the Doc Type field if accurate. For example, to code 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. Multiple files may be tagged (modify multiple fields simultaneously), by generating custom Excel spreadsheets that can be uploaded into a case in LEP. This allows users to edit most fields in LEP.