Categorical privilege logs—in which documents are described according to broad categories rather than individually—have frequently been offered as a means to streamline the review of privileged documents. While the idea of categorical logs has been around as far back as 1993 rules amendments, they gained added attention with a 2010 law review article by Judge John M. Facciola and Jonathan Redgrave. The Facciola-Redgrave article argued that “by using categories to organize the information, and by using detailed logs only when necessary, the cost of claiming and adjudicating privilege claims can be greatly reduced.”
Many courts and commentators have since that time embraced this framework as beneficial to courts and parties alike. While many have espoused the potential benefits of categorical logs, few have addressed the practicalities of creating them. Considering these practicalities is critical, as failure to do so risks costly disputes or do-overs that will wipe out the efficiencies of using a categorical log. The following are practical tips for building a categorical log that will help prevent this from happening.
