This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.Joint Defense Agreement Template For Property Development - Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word
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FAQ
Massachusetts Recognizes Common Interest Doctrine, Joint Defense Privilege. Massachusetts' highest court recently formally recognized joint defense agreements as an exception to waiver of the attorney-client privilege under the common interest doctrine.
As a starting point, many courts distinguish between the joint defense and common interest privilege, determining that the former is narrow and arises from actual litigation, while the common interest privilege is broader and does not require litigation to be pending.
Under joint defense privilege, communications between client and his own lawyer remain protected by attorneyclient privilege when disclosed to co-defendants or their counsel for purposes of common defense..
Joint Defense Agreement ("JDA") is an oral or written agreement between the parties which includes the parties' commitments to one another to assure confidentiality pursuant to the Common Interest Doctrine.
The joint defense agreement may be discoverable.
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A jointdefense agreement is a useful tool, allowing counsel for codefendants to prepare a coordinated defense. Still, problems can arise after a sales contract, lease or real estate partnership agreement is completed.