Facilitator Guide

Privilege in Litigation

Facilitator Guide

Privilege in Litigation

Topic: Civil Litigation Basics
Duration: 1 hr
Format: Remote or in person

What’s covered

Attorney-client privilege
Work product
Clawbacks of inadvertently produced documents
Tips for handling privileged information
Process for identifying documents to include on a privilege log
Preparing a privilege log and drafting the entries
Reviewing the other side’s privilege log

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/privilege-in-litigation/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Privilege in Litigation

Protecting privileged information is critical in litigation. This course explains privilege and work product, what to do if protected information is sent to the other side, clawbacks, privilege waivers, and joint defense groups.
Course

Priv Logs

An introduction to privilege logs, including what priv logs are, how to identify the documents that need to be logged, preparing the privilege logs, and reviewing the other side’s logs.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What’s the difference between attorney-client privilege and work product?
How do you know if a document is privileged?
What’s waiver, and how might it happen?
What’s a joint defense group?
Describe a privilege log?
What information is included in a privilege log?
When drafting document descriptions on a privilege log, what is the balance you’re trying to strike?
What are some things to look out for when reviewing the other side’s privilege log?

Part 2: Group Exercise

Lead a group discussion based on the exercise above. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot's Civil Litigation Basics topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.