- 7 - controlling.”); Byrnes v. IDS Realty Trust, 85 F.R.D. 679, 683 (S.D.N.Y. 1980) (“[T]hat the [technical] information in these documents was not necessarily confidential [,] ‘that is, known only to the client’[,] does not defeat the privilege as long as the communication is made in confidence.”). Admission of the exhibits and of any testimony of Kelly regarding the contents of the exhibits would disclose a privileged communication between client and attorney. Given the existence of privileged communications, who has held, and who now holds, the privilege? From the Kelly affidavit, we conclude that, with respect to the legal advice contained in the exhibits, Kelly believed his client to be Surgery Center, and only Surgery Center, and we find that his client was Surgery Center. As stated, Surgery Center is a Georgia limited liability company, and a member of a Georgia limited liability company is considered a person separate from the company. Yukon Partners, Inc. v. Lodge Keeper Group, Inc., 572 S.E.2d 647, 651 (Ga. Ct. App. 2002). International admits that Georgia courts have not addressed whether an attorney who represents a limited liability company also represents the individual members of the company. International argues, however, that Georgia law largely is in accord with Federal law on the question of who holds, and hence has the power to assert or waive, a corporation’s attorney-client privilege. Compare Zielinski v. Clorox Co., 504 S.E.2d 683, 685Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011