Each Side May Select up to 20 Documents from the Other Side’s Privilege Log for In Camera Inspection.
As document productions have gotten larger in complex cases, so have privilege logs. It is not all that unusual anymore to see privilege logs in excess of 100 pages. When faced with such a log, we have found that the best practice is to select 20 documents which, based on the log descriptions, appear to be the most relevant documents to which there potentially is not an applicable privilege, and request the Court to determine whether there is an applicable privilege. Therefore, we suggest agreeing at the beginning of the case that each side has the right to select 20 documents from the other side’s privilege log for submission to the Court for in camera inspection.