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For many lawyers, constructing an appropriate privilege log is a mere afterthought in the overall discovery process. Several reasons exist for this privilege log apathy. Some in-house counsel routinely draft or approve written discovery responses, but simply do not exhibit the same level of detailed attention to privilege log preparation. Outside counsel often delegate this perceived grunt-work task to younger attorneys.  Complacency also develops when lawyers refuse to insist on a detailed privilege log from their adversaries out of fear that these adversaries will respond in kind. And some lawyers decide that legal strategy calls for keeping privilege claims intentionally vague and provide a general privilege log with no specifics.

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