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GEORGIAKirby MasonHUNTER MACLEAN EXLEY & DUNN, P.C.200 East Saint Julian StreetP.O. Box 9848Savannah, GA 31412Phone (912) 236-0261www.huntermaclean.comkmason@huntermaclean.com1. Does your state recognize an exemption from discovery (or a privilege) forpre-suit investigation materials? Is there a key to preserving thisexemption/privilege (i.e. involvement of counsel)?Georgia does not recognize a self-critical analysis privilege for products liabilityinvestigations, so any pre-suit must fall within the attorney-client privilege/work productdoctrine to be privileged. In order for the attorney-client privilege to apply, it is advisablethat outside counsel be hired to provide legal advice and conduct the investigation. Inorder for the work product doctrine to apply, there must be reasonable grounds tobelieve that litigation is imminent (apart from the mere fact that an accident occurred).Naturally, the communications of the investigation should be restricted to the properparties to avoid a waiver of the privilege. OCGA §9-11-26; Atlantic Coast Line R. Co. v.Gause, 116 Ga. App. 216 (1967) (statements taken by counsel following accident whichwere routinely taken are not privileged.)2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?Every witness who provides a statement is entitled to a copy of their statement uponrequest, and can provide it to anyone they choose. Statements obtained by claimsagents, investigators and attorneys are not necessarily immune from discovery wheretaken routinely. However, where taken after reasonable grounds to believe thatlitigation is imminent, under direction of counsel, in anticipation of trial and whichincludes mental impressions, conclusions, opinions and legal theories will be protectedfrom discovery absent a showing of substantial need or undue hardship from theopposing party. OCGA §9-11-26; Atlantic Coast Line R. Co. v. Gause, 116 Ga. App.216 (1967) (statements taken by counsel following accident which were routinely takenare not privileged.); Warmack v. MiniSkools, 164 Ga. App. 737 (1982) (statementsprotected from discovery); Lowe’s of Georgia, Inc. v. Webb, 180 Ga. app. 755 (1986).3. Does your state recognize a self-critical analysis privilege?Please see No. 1 above.