Under the so-called “work product” doctrine, documents prepared in anticipation of litigation are usually privileged and cannot be seen by the opposing party. However, documents that are prepared for some business purpose other than anticipation of litigation are not covered, and can be seen by the opposing party.
The issue of waiver arises most commonly when a communication is witnessed by a third party or where the client does not intend the communication to be confidential. The mere presence of a third party will likely prevent the creation of the attorney-client privilege.
Georgia law affords an absolute privilege to communications between a psychiatrist or psychologist and his or her patient. See O.C.G.A. § 24-5-501(5); O.C.G.A. § 43-39-16.
The common interest privilege allows one group of clients and their counsel to communicate confidentially with another group of clients and their separate counsel—without the requirement of active litigation.
Under Georgia law, certain communications between an attorney and a client are deemed confidential and may not be used as evidence in a trial or even seen by the opposing party during the discovery phase (i.e., the initial fact-finding period) of litigation.
Under Georgia law, certain communications between an attorney and a client are deemed confidential and may not be used as evidence in a trial or even seen by the opposing party during the discovery phase (i.e., the initial fact-finding period) of litigation.