St. Simons Waterfront LLC v. Hunter, MacLean, Exley & Dunn PC

The same basic analysis that is conducted to assess attorney-client privilege and work product in every other attorney-client relationship context also applies in the law firm in-house counsel context.

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This appeal arises from a discovery dispute in a legal malpractice action, in which Appellant St. Simon’s Waterfront, LLC “SSW” sued its former law firm, Appellee Hunter, Maclean, Exley & Dunn, P.C. “Hunter Maclean”, over its representation in a commercial real estate venture. During the litigation, SSW sought the production of communications between Hunter Maclean attorneys and the firm’s in-house general counsel, which took place during the firm’s ongoing representation of SSW, in anticipation of potential malpractice claims by SSW. Hunter Maclean asserted that the materials were protected from disclosure by the attorney-client privilege and work product doctrine, but the trial court disagreed and ordered their production. On appeal, the Court of Appeals vacated the trial court’s order and remanded for further consideration. Hunter, Maclean, Exley & Dunn, P.C. v. St. Simons Waterfront, LLC, 317 Ga. App. 1 730 SE2d 608 2012.

We granted certiorari to examine the applicability of the attorney-client privilege and work product doctrine in the law firm in-house counsel context. We now hold that the same basic analysis that is conducted to assess privilege and work product in every other variation of the attorney-client relationship should also be applied to the law firm in-house counsel situation. We hold further that the Georgia Rules of Professional Conduct do not govern the applicability of the attorney-client privilege or work product doctrine, and therefore the conflict of interest that may arise between the firm and the client when the firm begins acting in its own defense does not affect the protections afforded to privileged communications and attorney work product. In light of our analysis, we vacate the judgment of the Court of Appeals.

St. Simons Waterfront LLC v. Hunter, MacLean, Exley & Dunn PC

The same basic analysis that is conducted to assess attorney-client privilege and work product in every other attorney-client relationship context also applies in the law firm in-house counsel context.

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