The problem
1. The volume is inhuman and the judgment is not delegable.
A modest matter produces tens of thousands of emails. Somewhere in them
are a few hundred that are privileged. An attorney has to decide which,
because the decision is a legal one — but reading everything to find
them is the least valuable use of the most expensive hour in the
building, and the fatigue that sets in around hour forty is itself a
source of error.
2. A wrong call in either direction is expensive.
Withhold something that is not privileged and you invite a motion to
compel and a credibility problem with the court. Produce something that
is privileged and, depending on the jurisdiction and how you handled
it, you may have waived it — sometimes across an entire subject matter.
This is not a domain where "mostly right" is a product.
3. So the model cannot be the one who decides.
A classifier that is right 95% of the time is genuinely useful and
completely unacceptable as the final word. The 5% is the malpractice.
The only defensible arrangement is one where the machine narrows and a
licensed professional decides — and where the record shows exactly that,
line by line, if anyone asks.
The record is the deliverable
A privilege log is either defensible or it is worthless. So the log does
not record what the system concluded — it records what a person decided,
when, and on what basis, with the machine's proposal preserved beside it.
;; every call carries who decided it, and when
{
"bates": "MATTER-0004182",
"proposed": "attorney_client",
"confidence": 0.91,
"decided": "attorney_client",
"decided_by": "reviewing_attorney",
"decided_at": "2026-07-14T16:22:09Z",
"basis": "counsel in cc; legal advice sought"
}
;; the model proposes. it never asserts privilege.
;; the log records a decision a person made.
That shape matters under challenge. When the question is "how did you
decide this," the answer is a named attorney, a timestamp, and a stated
basis — with an auditable trail showing the model narrowed the field and
did not make the call.