Work Product Protection in Georgia: What You Need to Know Before Hiring a PI

Work product protection in Georgia plays a big role when you’re hiring a private investigator for a legal case. If an attorney brings in your PI, their reports, footage, and findings may receive legal protection from the opposing side. This simple decision could make all the difference if your case goes to court.

WHY WORK PRODUCT PROTECTION IN GEORGIA MATTERS WHEN HIRING A PI

When a lawyer hires a private investigator to help build a case, the PI’s reports, surveillance footage, and notes might qualify as attorney work product. That status makes them harder for the opposing side to access during a lawsuit. The Georgia Supreme Court highlighted this in McKinnon v. Smock, explaining that even if a third party like a PI does the legwork, the findings can still be protected when the attorney brings them in for litigation purposes.

Now, this does not mean a private investigator cannot work directly with you. They can, and often do. But if the goal is to keep everything airtight and out of the opposing party’s hands, hiring the PI through your lawyer adds a layer of protection. It just depends on the situation and how sensitive the case is.

LET’S FIGURE OUT WHAT’S BEST FOR YOU

If you are not sure which route is best for your situation, reach out. We’re happy to talk through your case and help you figure out the most secure and effective way to move forward.

Legal References

• O.C.G.A. § 9-11-26(b)(3) – Georgia’s work product doctrine

• O.C.G.A. § 24-5-501 – Attorney-client privilege in Georgia

• McKinnon v. Smock, 265 Ga. 599 (1995) – Georgia Supreme Court case affirming work product protection for PI materials under attorney direction