Enough detail to test the claim, without disclosing what is protected.
Esshaki Legal Media TeamCurrent as of August 2025
A party withholding responsive material on privilege grounds must describe it
sufficiently to enable the claim to be assessed.
Traditional document-by-document logs state the date, author, recipients
including copies, document type, and a description of the subject matter
sufficient to show the basis for the privilege without revealing its substance.
Metadata and categorical logs. Courts increasingly permit categorical logs
grouping similar documents, or metadata-based logs generated from the review
platform, particularly for large productions. Agreeing the format in the ESI
protocol avoids a fight later.
Common defects. Descriptions that recite legal advice without indicating the
subject; omission of whether an attorney was involved and in what capacity;
failure to identify which of several claimed protections applies; and treating
communications with non-lawyers as privileged without explaining the connection
to legal advice.
Attachments are logged separately from parent emails, since a non-privileged
attachment does not become privileged by being sent to counsel.
Timing. Logs are due with the production or on an agreed schedule.
Substantial delay risks waiver, and courts have found waiver where a log was
withheld for months without explanation.
In-house counsel communications require care, since business advice from a
lawyer is not privileged. Identifying the legal purpose in the log entry is what
supports the claim.