The sometimes-competing concepts of proportionality and burden have driven recent trends in e-discovery such as limiting scope of discovery and the focus on cooperation among the parties. While all aspects of discovery are subject to these principles, there is no better example of the tension between the two than when the privilege log of each document is withheld from production on the basis of privilege.
Privilege logs can undermine the discovery process because they often lead to lengthy and costly disputes. In this article, Matt Jackson and Colleen Kenney look at some practical limits of the more common alternative approaches and provide suggestions on how to combine and present the alternatives in a way that requesting parties may find agreeable.
