This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
California Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
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FAQ
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. Ferko v. NASCAR, 219 F.R.D. 396, 401 (E.D.
App. 3d 683, 689 (?There is no 'joint defense privilege' as such in California ??). Instead, over time, the California courts have evolved a ?doctrine,? which is similar?but not identical?to its federal cousin.
Common interest privilege, also known as the joint defense privilege, is an extension of attorney-client privilege that protects the compelled disclosure of communications between two or more parties and/or their respective counsel when the parties are allied in a common legal interest.
Although California law does not recognize a ?common interest privilege,? per se, it does recognize a ?common interest doctrine? that serves as an exception to the general rule that the attorney-client privilege (and attorney work product protection) is waived upon voluntary disclosure of otherwise privileged ...
In most contexts, sharing privileged and confidential information with a third party constitutes a waiver of the privilege. However, parties to a joint defense agreement can generally preserve their privilege, even after sharing confidential information with each other.
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.
(sc.Default) An agreement between parties with similar legal interests, who are involved in an investigation or legal proceeding, ...
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.