Has Technology Made Privilege Logging Too Complex? Can AI Provide a Solution?

Has Technology Made Privilege Logging Too Complex? Can AI Provide a Solution?

Former U.S. Magistrate Judge Andrew J. Peck spent decades on the bench at the U.S. District Court for the Southern District of New York and witnessed many changes over the years. However, one particular issue continues to grow his concern. During the Legalweek 2024 Judges Debate keynote in January, he expressed worry about the increasing length and complexity of privilege logs in cases.

Judge Peck noted that when he first joined the bench in 1995, privilege logs in a typical case were only two to three pages long, with maybe 50-100 entries. However, in more recent times, privilege logs have grown exponentially in size, resembling novels with as many as 10,000 or more entries. This increase in size not only makes the process more expensive but also renders them almost useless for the other party to determine what information is privileged.

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