Privilege logs are often considered one of the most tedious parts of discovery. They’re repetitive, time-consuming, costly and seemingly straightforward. A list of documents withheld on the basis of attorney-client privilege or work product protection. But beneath their mundane appearance, privilege logs can be a minefield. Inconsistent or vague descriptions don’t just waste reviewer time; they expose legal teams to unnecessary disputes, increase costs, and weaken defensibility.
This article explores the hidden cost of inconsistent privilege logs, why uniformity matters, and how aiR for Privilege, Relativity’s generative AI solution, helps legal teams create consistent, defensible logs at scale.
The Problem: Inconsistency in Privilege Log Descriptions
Every privilege log entry must balance two competing demands: provide enough detail to justify the privilege claim, while not disclosing the very privileged substance being protected. Achieving this balance requires consistency — the same types of documents should be described in the same way, using language that is clear, neutral, and defensible.
Yet in practice, privilege logs often lack this consistency. Why?
- Human subjectivity. Different reviewers, even within the same team, may describe similar emails in different ways. One might write “Legal advice from counsel regarding contract negotiation,” while another says “Attorney’s comments on draft agreement.”
- Volume pressure. When teams are under the gun to produce logs quickly, descriptions get rushed and sloppy. Shortcuts, abbreviations, and vague wording creep in.
- Limited oversight. Privilege review projects can be massive. Supervising attorneys can’t practically check thousands of entries for consistency.
The result? Privilege logs filled with inconsistent, duplicative, or unclear descriptions.
The Hidden Costs of Inconsistency
At first glance, inconsistent privilege logs might seem like a minor annoyance. But the ripple effects extend far beyond formatting.
1. Slower Review and Quality Control
Inconsistent logs make internal quality checks significantly harder. Supervising attorneys must spend time re-reviewing and cleaning up entries. Instead of focusing on substantive privilege calls, senior lawyers are forced into editorial roles that are checking for uniformity in phrasing rather than strategic oversight.
Every edit adds delay. In matters with tens of thousands of privilege log entries, small inefficiencies compound into days or weeks of lost time.
2. Defensibility Risks
Privilege claims are only as strong as their descriptions. If logs show inconsistent or vague reasoning, opposing counsel is more likely to challenge and often scrutinize privilege logs for sufficiency, looking for patterns that suggest over-designation or lack of care.
For example, if one entry describes “Legal advice regarding merger negotiations” while another for a nearly identical document says “Business communication about deal terms,” the inconsistency invites doubt. A judge may conclude that the review team applied privilege unevenly, undermining credibility.
Worse still, inadequate descriptions can lead to waiver of privilege. If a court finds a log deficient, the protected information could be ordered produced. That risk alone makes consistency a matter of defensibility, not just efficiency.
3. Opposing Counsel Frustration
Privilege logs are often the battleground for discovery disputes. When entries are inconsistent or unclear, opposing counsel will almost inevitably challenge them. This leads to meet-and-confers, motion practice, and sometimes even judicial intervention. All of which increase costs and delay proceedings.
Consider the difference between receiving a log with 5,000 entries where each description is standardized and clear, versus one where every entry is phrased differently, some vague, some detailed. Opposing counsel reviewing the latter is far more likely to object, escalating conflict rather than resolving it.
4. Increased Costs for Clients
The inefficiencies and disputes caused by inconsistent privilege logs translate directly into higher costs. Extra attorney hours are spent editing logs, defending privilege claims, and negotiating with opposing counsel.
For corporate legal departments already under pressure to control spend, paying outside counsel for “log cleanup” or privilege fights is not a good use of resources. Inconsistent logs don’t just frustrate lawyers; they frustrate clients footing the bill.
The Solution: Consistency Through aiR for Privilege
Enter aiR for Privilege, Relativity’s generative AI solution built specifically for privilege review. Designed to work alongside human reviewers, aiR enforces consistency across privilege log descriptions by leveraging prior selections, client knowledge, and AI-driven standardization.
Here’s how it helps.
1. Client Brain Memory
aiR for Privilege draws on the Client Brain which is a knowledge layer that stores prior decisions made for the client across matters (law firm and entity decisions
This eliminates reinvention of the wheel and ensures consistency not only within one matter, but across a client’s entire portfolio of cases.
2. Uniform Privilege Log Descriptions
aiR for Privilege automatically creates draft log descriptions for all documents predicted as privileged. Each entry is tailored to the content of the document using insights from the aiR pipeline, while following a consistent, standardized format. Descriptions typically include three parts:
- Document type– describes the format of the document (e.g., email, spreadsheet, draft letter)
- Type of legal action- forming the basis for privilege (e.g., providing or requesting legal advice)
- Subject matter– summarizes the discussion topic without disclosing the privileged advice.
Please note that that the draft privilege log descriptions are based on the extracted text of the four corners of the document.
3. Quality Control at Scale
Because aiR is generating consistent privilege logs, this reduces burden, freeing senior lawyers to focus on substantive calls rather than stylistic consistency.
4. Time and Cost Savings
Consistent privilege log descriptions generated by aiR reduce the time spent on cleanup, minimize disputes, and avoid unnecessary motion practice. That translates directly into savings for clients.
5. Defensibility and Credibility
Perhaps most importantly, consistent logs strengthen defensibility. When every entry follows a clear, uniform standard, opposing counsel has less room to argue over sufficiency. Judges are more likely to view the log as credible and well-maintained.
aiR doesn’t replace human oversight, but it enhances credibility by enforcing the kind of discipline that manual review teams struggle to maintain at scale.
A Real-World Example
Imagine two privilege logs, both covering 10,000 withheld emails.
- Log A (Traditional Review):
Multiple reviewers draft entries without standardization. Descriptions vary widely: Email from lawyer re deal, Confidential communication about M&A, Attorney advice on acquisition. Legal team spends 40+ hours editing. Opposing counsel challenges 500 entries for vagueness. Motions follow, adding another 50-100+ hours of attorney time.
- Log B (aiR-Assisted Review):
aiR applies consistent descriptions and Client Brain knowledge. All entries follow a uniform format: Email containing legal advice regarding [M&A transaction]. Legal team review and making minor edits. Opposing counsel reviews but raises no formal challenges.
The difference in time, cost, and defensibility is stark.
Beyond Efficiency: Shaping the Future of Privilege Logs
Privilege logs may never be glamorous, but they don’t have to be a headache. With generative AI, they can evolve from a necessary evil into a streamlined, defensible workflow. Consistency isn’t just about neat formatting, it’s about building trust in the discovery process, reducing disputes, and protecting privilege.
As courts continue to demand higher standards for privilege logs, and as clients push for efficiency, adopting tools like aiR for Privilege becomes more than a competitive advantage. It’s a necessity.
Conclusion: Consistency Is Power
The hidden cost of inconsistent privilege logs is real: slower reviews, defensibility risks, frustrated opposing counsel, and higher client bills. Legal teams that overlook this cost do so at their peril.
aiR for Privilege offers a smarter path forward. By enforcing uniformity through generative AI, it helps legal teams:
- Save time by reducing manual cleanup.
- Reduce disputes by providing clear, consistent entries.
- Strengthen defensibility in the eyes of courts.
- Deliver cost savings and predictability for clients.
At the end of the day, privilege review is about protecting clients while upholding fairness in discovery. Consistency is the key and with aiR for Privilege, consistency is no longer a burden.
Page One, Inc. helps legal teams adopt solutions like aiR for Privilege to make privilege logs faster, cleaner, and more defensible. If your team is ready to reduce disputes, control costs, and modernize privilege review, we’re here to help.
