Q: Demand to create privilege log

A: Under California law, a demand to create a privilege log should generally be included as part of a request for production of documents. This demand is typically made in conjunction with document requests to ensure that any withheld documents on the basis of privilege are properly identified and described.

When drafting the demand for a privilege log, it is advisable to be both specific and broad. You should list the specific privileges that you anticipate may be invoked, such as:

1. Evidence Code section 1157 (hospital peer review privilege)

2. Attorney-client privilege

3. Attorney work product privilege

However, it is also a good practice to include a catch-all phrase to encompass any other privileges that may be asserted. For example:

"To the extent that any document or portion thereof is withheld from production under a claim of privilege, provide a privilege log that identifies each document or portion thereof that has been withheld and the specific privilege(s) that is/are being asserted, including but not limited to Evidence Code section 1157, attorney-client privilege, attorney work product privilege, or any other applicable privilege or protection."

By listing specific privileges and including a broad catch-all phrase, you ensure that the responding party is aware of the need to provide a comprehensive privilege log for any withheld documents, regardless of the specific privilege asserted.