Consider the following scenario: in reviewing materials provided in discovery by your adversary in civil litigation, you discover that opposing counsel inadvertently produced privileged documents. Are you required to notify opposing counsel of this error? Are you allowed to read the documents? Do you have to return the documents or can you use them in the litigation?
The answers to these questions are not as straightforward as you might think. Part of the confusion stems from the fact that Georgia has not adopted the provision of the Model Rules of Professional Conduct that specifically addresses this issue. Likewise, the Georgia Civil Practice Act and Georgia Evidence Code omit relevant provisions of the Federal Rules of Evidence and Civil Procedure that also address inadvertent disclosure.
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