Q: Submitting demand for privilege log

A: Here are a few key points regarding requesting privilege logs in the discovery process:

1. Timing of request: It is generally advisable to request a privilege log early in the discovery process, typically at the same time as serving interrogatories and document requests. However, if not requested initially, a party can still demand a privilege log for the latest sets of discovery requests.

2. Scope of request: When requesting a privilege log, it is important to clarify the scope of the request. In this case, the demand for the privilege log is limited to the latest sets of interrogatories and document requests, not the previous discovery requests.

3. Negotiation: If a privilege log was not requested for previous discovery requests, the parties may negotiate whether to include those earlier requests in the privilege log. This can be done to avoid potential disputes and to ensure a more complete record of privileged materials.

4. Specificity of request: The demand for the privilege log should be clearly stated in one of the document production requests to avoid ambiguity and potential objections from the opposing party.

5. Compliance: Once the demand for the privilege log is served, the opposing party must provide a detailed log of all documents and communications withheld on the basis of privilege, typically including attorney-client privilege and work-product doctrine. The log should provide sufficient information to assess the claimed privilege without revealing the content of the privileged materials.

In summary, while it is preferable to request a privilege log early in the discovery process, a party can still demand one for the latest sets of interrogatories and document requests. The scope of the request should be clear, and the parties may negotiate the inclusion of previous discovery requests in the log.