What you tell your divorce lawyer in confidence is privileged in Georgia, but the protection lasts only as long as the communication stays confidential.
Where It Comes From
Communications between attorney and client are excluded from evidence on grounds of public policy under OCGA 24-5-501(a)(2). The Court of Appeals identified that provision as the source of the attorney-client privilege in Huerta-Ramirez v. State, 357 Ga. App. 123 (2020).
Copying the Other Side Gives It Away
In Morgan v. Morgan, 288 Ga. 417 (2011), a husband’s lawyer sent him a proposed order under a cover letter and sent a copy of that letter to the wife at the same time. The letter was later admitted in evidence. The Georgia Supreme Court held that the letter, “[t]hough clearly a communication between lawyer and client,” was not privileged: “Having been published to Wife, the letter was not confidential and thus is not privileged.”
The Same Goes for Anyone Else
The rule is not limited to the opposing party. In Huerta-Ramirez, the Court of Appeals restated the rule that communications between an attorney and client made in the presence of third persons or of the adverse party are not protected from testimony about them.
That is worth remembering in a divorce, where the temptation to share is constant. Forwarding your lawyer’s email to a parent or a friend, or letting a new partner sit in on the call, can hand the other side something you assumed no one would ever see.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!