This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Oklahoma Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
Joint Defense Privilege Joint defense relationships can be between co-plaintiffs or co-defendants and in the civil or criminal context. A joint defense can even extend to nonparties such as insurers of defendants.
[25] Again, even memorialized joint defense agreements typically cannot function retroactively. In United States v. Shaeffler, for example, the Second Circuit sought to evaluate whether a group's common interest was of a sufficiently legal nature to warrant common interest protection.
After deciding to participate in a joint defense agreement, the first issue to consider is whether to have an oral or written agreement. the answer generally depends on whether those involved trust one another.
Unlike the Ninth Circuit, California does not recognize a joint-defense privilege per se; however, California does recognize a ?common interest doctrine? which can allow privileged information to be disclosed without waiver of the privilege.
Joint-defense agreements can give rise to unanticipated conflicts and vicarious disqualification issues. For example, most attorneys are aware that when attorneys change law firms, disqualifying conflicts can result when former clients of the attorney are adverse to the new law firm. See Frazier v.
Joint Defense agreements are used to allow the defense counsel to obtain information relevant to his case that may be potentially incriminating to another person in exchange for agreeing not to disclose it.
In the civil context, the common interest privilege protects both communications between co-defendants and their counsel in actual litigation as well as potential co-defendants and their counsel.
Unlike the Ninth Circuit, California does not recognize a joint-defense privilege per se; however, California does recognize a ?common interest doctrine? which can allow privileged information to be disclosed without waiver of the privilege.