Los Angeles, CA asked in Health Care Law for California

Q: Shall review of privilege log in respect to demand for contract with hospital providers be in chambers?

Shall review of privilege log in respect to demand for contract with hospital provider be in chambers?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Here is my response to the legal question:

Whether review of a privilege log with respect to a demand for contracts between a hospital and providers should be conducted in camera (i.e. in the judge's chambers) is a case-specific determination that depends on several factors:

1. The sensitivity of the information contained in the contracts. If the contracts contain confidential business information, trade secrets, or private patient data, there is a stronger argument for in camera review to protect that sensitive information from unnecessary disclosure.

2. The relevance of the contracts to the litigation. If the party demanding the contracts can show they are highly relevant to key issues in the case, the court may be more inclined to conduct a close in camera review. If their relevance is more tangential, the court may rely on the privilege log and party representations.

3. The extensiveness of the privilege claims. If the responding party is claiming privilege over a large volume of documents, in camera review of everything may be impractical and the court may rely more heavily on the privilege log and sampling. For more limited privilege claims, in camera review could be appropriate.

4. The rules and practices of the specific court and judge. Some courts have local rules or standing orders addressing in camera review procedures. Individual judges also have different preferences and default practices.

Ultimately, the judge has broad discretion in determining the appropriate procedure for evaluating privilege claims. If the party demanding the contracts believes in camera review is necessary, they can file a motion explaining why the circumstances warrant it in this particular case. The responding party can then argue in opposition if they believe the privilege log is sufficient or in camera review is unwarranted. The judge will then decide the appropriate approach based on the specific facts and arguments presented.

This response aims to provide an objective overview of the key legal considerations, but the ultimate outcome depends heavily on case-specific factors. More details would be needed to predict the likely ruling in any particular case. I've tried to use legally accurate terminology while still keeping the explanation understandable for a general audience.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.