Privilege prediction scores documents for likely privilege based on participants, content, and context, prioritizing attorney review. Signals include attorney involvement, legal advice language, and litigation references.
It supplements rather than replaces attorney privilege review.
Alternative Names:
Privilege Screening, Automated Privilege Detection
Why it Matters?
Privilege is the application where recall matters most, because a missed privileged document produces production and potential waiver rather than extra review work. That argues for tuning toward over-inclusion and accepting more false positives. It also argues for a Rule 502(d) order regardless of screening quality, since no automated process eliminates the risk and the order removes the reasonableness inquiry entirely.
Frequently Confused with
Related terms
Frequently asked questions
How should privilege prediction be tuned?
Does automated screening reduce the need for a 502(d) order?
