Civil Litigation
Dec. 22, 2015
Privilege problems in paradise
The "privilege log" emerged like a mythical beast from the mists of "best practices" and the smoke rising from angry meet and confer letters. By Michael R. Sohigian
The "privilege log" emerged like a mythical beast from the mists of "best practices" and the smoke rising from angry meet and confer letters. In days of yore, it was not required by case law or statute. The phrase was simply "jargon, commonly used by courts and attorneys to express the requirements of [former] subdivision (g)(3) of section 2031" of the Code of Civil Procedure, which required a responding party objecting to a document demand on privilege grounds to "(A) identify with partic...
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