The 2 a.m. email that flipped my view on privilege logs

I was prepping a motion in a Delaware case and saw opposing counsel's privilege log had 4,000 entries, but no actual privilege descriptions. I'm torn between wanting to hammer them for playing games and thinking the court should just force a redo. Has anyone else seen a judge actually sanction that kind of sloppy log, or do they just wave it off?

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jade3229d ago

Last month I had opposing counsel send over a log with 1,200 entries and every single one just said "privileged communication" with zero context. The court literally just told them to redo it and gave them another 30 days, no sanctions, no nothing. I was so mad because that's basically free time for them to fix their mess while my client eats the delay. I've seen judges get annoyed about this stuff but rarely do they actually hit anyone with real consequences for it. Honestly your best bet is to file a motion to compel with a list of specific entries that are clearly garbage and hope you get a judge who's having a bad day.