Joint Defense Agreement Template For Property Development
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How to fill out Joint Defense Agreement?
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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.