If Esquire receives a collection of privileged documents, we will limit indexing to objective fields. A privileged only database typically includes beginning and ending Bates numbers, document dates, document types, a RE or Title field, a field for noting the particular privilege claimed, and a field for recording whether the court denied or upheld the claim of privilege. As with all CIS-FT databases, fields can be added or removed at any time according to the client's needs and preferences.

More typically, clients want their databases to contain both the privileged and non-privileged documents. If a privilege log is to be generated from such a database, we carefully separate objective from subjective entry during coding. One field might contain the exact Re or Title of the privileged document, while another field contains a subjective description of the content. When documents are later determined to be privileged, they can be isolated within the database and a report printed with only the fields appropriate for a privilege log.
We can also create privilege logs using pre-existing databases by adding a field for privilege information and formatting an appropriate report.

In the second instance above, the client may identify privileged documents before they are indexed into the database. Or, under client direction, our staff can help find privileged documents after database development. Under guidance from the client, our on-staff attorneys and paralegals use the CIS-FT software to find documents for which a privilege may be claimed. For example, users can search for documents created by attorneys, then review those documents to determine if a Work Product privilege applies.

In all these scenarios, the client determines what data should be captured during document coding and included in the privilege log. The field containing privilege status information might include only the privilege claimed (such as Attorney Client or Work Product), or it could include case law citations as well. The coding might capture both author and recipient names, while the privilege might list author alone.

Esquire maintains tight custody of privileged documents, following standard procedures to protect against unwarranted or unlawful document access. All employees are required to sign a confidentiality agreement before they are allowed to work on any case. We shred all our confidential trash on site to make sure no outside sources can gain access to these sensitive materials.

To see what we can do for you, contact your local Esquire representative, or email us at litigation@esquirecom.com.