guide

Privilege log template, and the columns a reviewing party needs

A privilege log needs six things for every withheld document: the Bates range it covers, the document type, its date, its author, its recipient, and the basis for withholding. A log missing any of them invites a challenge that has nothing to do with whether the document is actually privileged.

The six columns

A privilege log row, column by column
ColumnWhat goes in itWhat goes wrong
Bates BeginThe first number of the withheld document, exactly as it appears in the production's numbering.A range that does not match a hole in the set - the log claims pages that were served.
Bates EndThe last number. Equal to Begin for a one-page document.Left blank on multi-page documents, so nobody can tell how much is being withheld.
Document TypeEmail, memorandum, draft, spreadsheet, photograph - what the thing is."Document" on every row, which describes nothing.
DateThe date on the face of the document, in one format throughout.A different format per row, or a range where a date exists.
AuthorThe person who created it, as named on the document."Various", or the firm's name where the custodian is meant.
RecipientWho it was sent to, including copy recipients where they matter.Blank, which on an email log is the field a reviewer checks first.
BasisAttorney-client, work product, joint defence - the ground actually claimed."Privileged", which is a conclusion rather than a basis.

Column names vary by jurisdiction and by platform. BEGBATES, BegBates and Bates Begin are the same field; the check matches aliases rather than requiring one spelling.

Why the Bates range is the column that matters most

Five of the six columns are read by a person. The Bates range is the only one a machine can hold you to, because it is the only one that can be compared against the production itself. Every number in the range should be a page that was not served; every number outside it should be a page that was.

That comparison is where logs fail. A row that withholds 000042 to 000044 in a set where 000043 was served is not a formatting problem - it tells the other side either that your log is wrong or that you produced a privileged page, and both are worse than the gap you were explaining.

The three failures a receiving party finds first

  • A hole in the numbering with no row behind it. The set is missing pages and the log says nothing about them, so the only available reading is that they were lost.
  • A row claiming pages that are in the set. The log says withheld and the pages were served, which means the log was copied from an earlier production or edited after the fact.
  • One page claimed by two rows. Usually two documents merged into one range, and it makes the count of withheld documents impossible to state.

CSV, XLSX or PDF

Send a spreadsheet or a delimited text file. A log is a table, and a table in a PDF has no columns a program can read - only positions on a page. A tool that claims to parse one is guessing at where one column ends and the next begins, and a guess about which date belongs to which document is not a check.

The check reads CSV, TSV and XLSX, matches common column aliases, and skips a title row above the header. It refuses a PDF log rather than inventing column boundaries for it.

What a log cannot do

A complete log does not make a withholding correct. It records that a document was withheld and why somebody said so; whether the claim holds is a judgement about the document's content, and no mechanical check can make it. What the check can say is narrower and more useful: every hole in the numbering is accounted for, no row points at a page that was served, and no page is claimed twice.

Check the log against the set

Upload the production and attach the log beside it. Every hole is matched to a row, every row is checked against the pages that were actually produced, and the lines with a blank field are named by number rather than described.

The verdict, the file list and the worst findings are free and stay free. The certificate, report and findings CSV unlock on payment, from $49 for a set up to 1,000 pages. The three sizes.

Frequently asked questions

How many columns does a privilege log need?

Six fields per withheld document is the working minimum: Bates range, document type, date, author, recipient and basis. Some courts and protective orders add description, custodian or request number, and a log that omits a field the order names is deficient on its face.

Should the log be produced as a PDF or a spreadsheet?

A spreadsheet or CSV. The log is a table that someone has to reconcile against the production, and a PDF turns every column into a position on a page. Producing both, with the spreadsheet as the operative copy, is common and harmless.

Does a privilege log explain every gap in the numbering?

Only the gaps it names. If the set is missing four pages and the log covers two of them, the other two are still unexplained - which is why the check reports coverage per page rather than counting rows and declaring the log adequate.

What if the withheld pages were never numbered?

Then there is no range to log and the numbering has a hole with nothing behind it. The usual fix is a slip sheet in the set that states the withholding by number, so the sequence and the log agree with each other.