Joint Defense Agreement Template For Mining
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FAQ
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..
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.
California lawyers, particularly defense litigators, rely on the joint defense privilege or common interest doctrine to share privileged documents and communications with third parties without risking waiver.
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.