What is the purpose of a privilege log, and when must it be produced?

• A. To list withheld documents and the privilege basis; typically produced in response to discovery requests to justify privilege
• B. To summarize all documents produced in discovery
• C. To record privileged communications only after trial
• D. To disclose privileged materials to all parties

Answer: (A)

A privilege log exists to document what a party is withholding from production because of privilege and to spell out the basis for that privilege. In federal practice, when something is withheld on privilege or work-product grounds, the withholding party must describe the nature of the withheld documents and the privilege claimed, typically for each item or category, so the opposing side can assess whether the claim is justified. The log usually includes enough identifying information—such as date, author, recipient, subject—and a brief statement of the privilege basis (for example, attorney-client or work product). It is produced in response to discovery requests, alongside the discovery responses, and well before trial, not after. Disclosing privileged materials to all parties would defeat the purpose of privilege, which is to protect confidentiality.