08/23/2005
Georgia Supreme Court Holds that the Burden of Proving Waiver of Attorney Work Product Protection Lies on Party Asserting the Waiver
McKesson v. Green
279 Ga. 95, 610 S.E.2d 54 (2005)
279 Ga. 95, 610 S.E.2d 54 (2005)
Brief Summary
Cases around the country have taken different positions on this issue. It now seems, however, that the clear majority rule is that the provision of work product-protected documents to a government-potential adversary is a waiver of work product privilege.
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