Are traditional privilege logs worth the time and expense required to create them? Most producing parties find the process burdensome and wasteful, and even requesting parties have conceded that, in many cases, those logs are not very helpful in evaluating privilege claims. Stay tuned for a post about the EDRM Privilege Log Protocol which, in our opinion and in the opinion of multiple judges, has come up with improvements to the traditional process.

In the meantime, the Discovery Subcommittee of the Judicial Conference Advisory Committee on Civil Rules is seeking comments about whether Federal Rule 26(b)(5)(A) should be amended. In order to provide some data, the EDRM Privilege Log Protocol Committee is conducting a survey of practitioners who have experience with privilege logs, whether primarily on the requesting party side, primarily on the producing party side, or on both sides. It only takes about 3 minutes to take the survey, so please click on the link to have your voice heard!

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