Privilege Basics Part 3: Tackling Redactions in Privilege Logging

In the often-long-winded process of privilege logging, you may find yourself dealing with privilege redactions and everything they entail. But do you really need them for your case? Most likely. And how are they important? In this third and final installment of the Consilio privilege basics series, we cover how to handle this key aspect of privilege logging so you can stride with ease on this topic.

Understanding redactions in privilege logging

Redactions allow a legal team to declare privilege over certain parts of a document, without revealing the material that the privilege claim protects on a producible document.

Redactions prevent the disclosure of privilege details. Essentially, redactions exist as a kind of censor within the text of producible documents and are generally included on a privilege log, providing enough information so the opposing parties or court can assess the basis for the privilege claim.

Privilege Withheld vs Privilege Redactions

It may be useful to consider the relationship between redacted documents and fully withheld documents, and their inclusion on a privilege log.

The purpose of a redaction is to ensure that any protected information is not disclosed on a document that contains a mixture of privileged and not privileged content.

Documents that are fully privileged are withheld. A privilege log generally lists both the fully withheld and partially redacted documents and includes a brief description so that the opposing side will understand the privilege basis for withholding the document or, for redacted documents, the content that has been redacted.

Privilege Log Vs. Redaction Log Distinction

In most cases, a privilege log includes both fully withheld and redacted documents, providing a comprehensive log of documents where privilege has been asserted. In some instances, parties may agree to have the partially redacted documents listed on a separate redaction log to enhance clarity and efficiency. This approach is not common but is occasionally used to allow easier identification and review of the entries of redacted documents separate and apart from those that are fully withheld.

The multi-pronged importance of privilege log redactions

Redactions are important for censoring information meant to be kept confidential. The most significant reason behind the importance of redactions for privileged documents is protecting content which is protected by the privilege claim. Here are a few considerations to keep in mind when describing privilege content that has been redacted:

1. Maintaining context, as redacting still has the goal of preserving the structure of the document so that the recipients can still understand the subject matter without disclosing the privilege content removed.
2. Offering transparency in privilege claims by adequately communicating the privilege basis of the redacted content without disclosing the actual privileged content.
3. Properly handling attorney-client communications, as this allows you to redact concrete legal advice in an email thread while still being able to display the sender and recipient details.

Using the correct language on documents

Now that you understand the different circumstances that make logging fully withheld and partially privilege documents important, consider both the redaction language that you employ and the language used when you explain the basis of the redacted content in your privilege description. When you create the log, it is critical to use language that is both clear and consistent for both asserting privilege and the basis of fully withheld and redacted documents.

Despite the portions being redacted, the log itself will explain the content and privilege claim. Thus, you should use language that is formal and precise, so that you relay the rationale for withholding information without revealing the sensitive information. Additionally, the redaction language on the document should identify the content being redacted such as Redacted – Privilege.

Going beyond privilege basics with AI privilege tools & legal professionals

Thank you for reading our three-part series on privilege basics; we’re glad you made it this far. We hope these insights surrounding the basics of privilege will serve you in your legal endeavors. But you don’t have to use this information in a vacuum, as we at Consilio offer the technology and human advice to keep your organization legally sound.

This is thanks to our brand-new AI tools for your privilege needs.

Consilio offers potent AI solutions for your privilege needs. We offer AI PrivDetect, which takes legal privilege review to the next level, with advanced AI to detect privilege within documents.

Our latest AI tool is AI PrivGen, an automated privilege  description solution, which solves the oftentimes long and tedious issue of drafting privilege log descriptions. Ensuring a smooth document review, AI PrivGen saves your legal team the time and effort it would have otherwise needed to meticulously prepare privilege log descriptions.

At Consilio, we’re also big believers of not tackling these legal tasks with your internal legal team alone. Instead, work with our seasoned team of legal and technology professionals, as no technology, no matter how advanced or expensive, can replace an experienced advisor. Our team includes advisors specializing in privilege protection and logging, easing the time-consuming process of privilege logging.

Contact us if you’re interested in learning more about how our experienced team of legal experts can help your business.

Curious to learn more about Consilio’s new AI PrivGen tool?