Privilege review automation, without privilege-review regret

Where privilege automation goes wrong

Systems that produce a privileged/not-privileged flag without the supporting passage are producing a liability, not a time-saver. When the production team relies on the flag and the passage is later challenged, there is no reviewable trail.

What to flag, what not to

Flag privilege candidates with the specific passages that triggered the flag. Flag attorney-names and client-names that appear in the document. Flag the nature of the communication where discernible. Do not auto-redact; the redaction decision is the reviewer's to make with full context.

Keeping the audit trail honest

Every automated flag and every reviewer override is recorded with timestamp, actor, and justification. A later challenge can be met with a full timeline of the decision rather than an opaque 'system called it privileged'.