In complex commercial litigation, where the documents exchanged in discovery are typically voluminous, the exercise of preparing, reviewing, exchanging, and objecting to privilege logs consumes a great deal of time. This is especially so given the proliferation of electronically stored information, which has in many ways transformed the once-humble privilege log from a relative afterthought to a substantial endeavor that often requires a team of lawyers and many long days of work.
The result is likely to be a document that is hundreds of pages long, one predominantly prepared by junior lawyers with varying degrees of supervision by senior attorneys. The process ultimately presents countless opportunities for one’s adversary to object. And no matter what, it costs our clients substantial amounts of money.
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