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Privilege Makers, Breakers & 3rd Party Consultants: Tips for Successful Privilege Review Setup

Privilege Makers, Breakers and 3rd Party Consultants

Setting Up a Successful Privilege Review

In her article for The Daily Record, Tips for Successful Privilege Review Setup, BIA’s VP of Managed Review Lisa Moini offers guidance to attorneys managing document review projects that involve a privilege component. Many attorneys, often in haste to get a review project off the ground and running, compile one list of legal names, terms, or domains that create—or make—privilege. However, looking only as far as these “Privilege Makers” begets problems later down the road.

A much better approach—one that saves time, money, and sanity for all—is to develop two additional lists at the outset of a review. One is a list of “Privilege Breakers”, or names/terms/domains that would render an otherwise privileged document not privileged. The other is a list of Third-Party Consultants whose communications might land somewhere in the middle of privilege makers and breakers.

Establishing these three separate categories of privilege terms at the beginning of a managed review will help the review and privilege log setup, improve coding accuracy, reduce QC hours, and minimize back-and-forth discussion with outside counsel about each new potential privilege term that pops up along the way. For a smoother, more efficient, and less costly managed review ride, attorneys should consider adding privilege makers, breakers, and third-party consultant lists to their next review setup process.

When it comes to legal privilege review, reviewing and tagging documents for attorney-client privilege and work-product privilege uses special skills and protocols. BIA backs that up with years of experience. Our document review team is composed of experienced legal professionals, licensed attorneys and litigation support technicians with an outstanding track record of efficiently and defensibly reviewing documents for some of the largest corporations and law firms in the world. We’d love to help you, too. Call or email us today.

Let us help you with your next review project.

Read more on how establishing separate categories of privilege terms at the beginning of a managed review will save you time and money.