dissenting.
Practically all jurisdictions that have addressed the issue have determined that contingent fee contracts constitute marital property. See, e.g., In re Marriage of Vogt, 773 P2d 631 (Colo. 1989); Lyons v. Lyons, 526 NE2d 1063 (Mass. 1988); Weiss v. Weiss, 365 NW2d 608 (Wis. 1985); Frink v. Frink, 494 NYS2d 271 (SC 1985). See generally White v. White, 253 Ga. 267, 269 (319 SE2d 447) (1984). Still, because of the speculative nature of these contracts, I do not disagree with the majority that contingent fee contracts, in and of themselves, should not be treated as marital property subject to equitable division.
However, it does not follow that these contracts should not be considered as providing relevant evidence regarding the merits of a claim for equitable division of property, or for alimony. See Weiss v. Weiss, supra at 612; Stokes v. Stokes, 246 Ga. 765, 772 (273 SE2d 169) (1980); OCGA § 19-6-5 (a) (7). Thus, in my view, under the broad rules governing discovery, see OCGA § 9-11-26 (b) (1), the wife should be able to obtain the information sought. Specifically, she should be able to discover the existence of any contingent contracts entered into before the filing for divorce, the extent of any work performed on those contracts, and evidence regarding the reasonable value of work performed on those contracts.
I agree with the husband that there are serious problems regarding the potential violation of the attorney-client privilege which could result from his compliance with the wife’s discovery requests. Accordingly, I would fashion a rule for cases such as that presented here, as *138follows: all discovery would be produced pursuant to strict protective order by the trial court designed to ensure that no confidential information is disseminated (including, where necessary, the redaction of the names, addresses, civil action numbers, and other identifying information of clients in any documents). In addition, the trial court, on in camera review of any information produced in discovery, or other evidence, including expert evidence, submitted by the parties, would determine, as a matter of law, whether a particular contingent contract has sufficient indicia of earning potential to be considered as evidence relevant to alimony or property division, or should not be considered at all. In making this determination, the trial court should consider whether it is possible to assess reasonably the value of any particular contract, and whether consideration of the contract by the factfinder would adversely affect the client who is the subject of the contingent contract. Of course, the trial court’s determination in this regard would be subject to discretionary interlocutory review by this court.
Decided March 19, 1992 Reconsideration denied April 2, 1992. J. Stephen Clifford, for appellant. Altman, Kritzer & Levick, Nancy F. Lawler, Eleanor R. Miller, for appellee.I am authorized to state that Presiding Justice Weltner and Justice Bell join in this dissent.