Under a quick peek arrangement, the producing party makes documents available without conducting privilege review, and the requesting party identifies what it wants produced. Privileged material identified afterward is returned without waiver.
Protection depends on a Rule 502(d) order.
Alternative Names:
Quick Peek, Quick Look Agreement
Why it Matters?
Quick peek saves the cost of reviewing a large population that may contain little responsive material, but it requires exposing privileged documents to the opposing party, which no clawback fully undoes as a practical matter. Once opposing counsel has read a privileged memorandum, the information informs their strategy regardless of the return obligation. The arrangement suits collections unlikely to contain sensitive privileged material rather than core case files.
Frequently Confused with
Related terms
Frequently asked questions
What is the risk in a quick peek?
When is the arrangement appropriate?
