When it comes to privilege review and automating the drafting of privilege logs, AI faces significant challenges, according to a recent article in Law.com Legaltech News. The piece details the observations of former U.S. Magistrate Judge Andrew J. Peck, recounting his extensive experience on the bench at the U.S. District Court for the Southern District of New York.
One of the major changes Peck noted was the growing size and complexity of privilege logs. “When I got on the bench in 1995, the privilege logs in a typical case [were] two to three pages, maybe 50-100 entries,” Peck said at Legalweek 2024. “Now the privilege logs are like little novels, and there may be 10,000 or more entries. That is very expensive and is often useless to the other side in figuring out what is or isn’t privileged.”
While the technology revolution has made privilege logging far more unwieldy, AI solutions aimed at resolving these issues are still grappling with various hurdles. Legal professionals must continue to monitor the advancements in this area to make the process more efficient and effective.