Privilege log
A privilege log is the document a producing party provides listing every item withheld from production on the basis of attorney–client privilege or work-product protection, with enough description (date, author, recipients, subject matter, privilege asserted) for the requesting party to assess the claim without the privileged content being revealed. Rule 26(b)(5)(A) requires it.
Also called: priv log · privilege index · categorical privilege log · metadata privilege log · withheld documents log
Updated September 6, 2026
How does a privilege log work?
When a responsive document is withheld or redacted for privilege, the producing party cannot simply leave a gap. The log is how the requesting party (and if challenged, the court) tests whether the privilege actually applies. An inadequate log risks a finding that the privilege was waived for the documents in question.
Three forms are in use. An individual log describes every withheld document on its own line, the traditional and most burdensome form. A categorical log describes groups of similar documents together, permitted by many courts where individual logging would be disproportionate under Rule 26(b)(1). A metadata log is generated from the review platform’s fields and exported as a spreadsheet, with human review of subject lines and descriptions.
Most ESI protocols now specify which form is acceptable, exempt post-complaint communications with litigation counsel from logging, and set a deadline for serving the log relative to each production.
What does a privilege log look like in practice?
Two rows from a metadata-based log:
| Control no. | Date | From | To | Type | Basis | Description |
|---|---|---|---|---|---|---|
| PRIV-000041 | 2024-02-14 | J. Mendez | R. Apex (counsel) | Attorney–client | Request for legal advice regarding supplier contract termination | |
| PRIV-000042 | 2024-02-14 | R. Apex (counsel) | J. Mendez | Email w/ attachment | Attorney–client; work product | Legal advice re: same; draft termination letter prepared by counsel |
How does a privilege log show up on an eDiscovery invoice?
Privilege log generation is often a separate line. On platforms that generate the log from coded fields it is included or nominal; on others it is billed as hourly project management for the export and formatting, or as a per-document privilege log fee. Where the platform lacks a log export, the work is done by hand in a spreadsheet and billed as review time. Ask whether the log can be generated from coding fields, whether categorical logs are supported, and whether revisions after the requesting party objects are charged again.
Sources
- Fed. R. Civ. P. 26(b)(5)(A).
- The Sedona Conference, Commentary on Protection of Privileged ESI.
- Model ESI orders permitting categorical and metadata-based logs (e.g., D. Md. ESI Principles).
Related terms
Clawback agreement · Redaction · ESI protocol · Metadata · Document production
eDiscovery at one flat monthly rate
$3,250 a month on a 12-month agreement. No per-user fees and no per-GB hosting charges.
Common questions
What is a categorical privilege log?
A log that groups withheld documents into categories (for example, communications between the client and outside counsel about the transaction between two dates) and describes each category once, rather than logging every document individually. Courts increasingly permit it where individual logging would be disproportionate; the ESI protocol should authorize it expressly.
What is a metadata privilege log?
A log generated from the documents' own metadata fields (date, author, recipients, subject) supplemented by a privilege-basis column, and produced as a spreadsheet. It is fast to produce and consistent, but subject lines can disclose privileged content and often need review before the log is served.
What must a privilege log include?
Rule 26(b)(5)(A) requires the party to describe the nature of the withheld documents in a manner that, without revealing the privileged information, enables other parties to assess the claim. In practice that means date, author, all recipients, document type, the privilege asserted and a description of the subject matter. Local rules and the ESI protocol often specify more.