Joint Defense Agreement Template For Development Of Land
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FAQ
In California, unlike under federal law, privileges are creatures of statute. Courts have no power to create new privileges, and the California Evidence Code does not include a joint defense privilege for separately represented parties. Thus, California courts held that there is no joint defense privilege.
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.
Joint defense agreements do not create independent privileges, but rather, are intended to prevent waiver of otherwise applicable privileges most notably the attorney work-product doctrine and the attorney-client privilege.
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.
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..
