This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
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From time to time, lawyers are called upon to represent more than one client in the same matter. Call it joint representation or call it multiple representation, it is an essential, everyday capability that we simply must have in our repertoires.
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.
A representation agreement is another tool you can use to plan for your future care. A representation agreement is a document you can use to appoint someone, called a representative, to help you make, or to make, personal and health care decisions if you cannot make these decisions on your own.
Lawyers routinely represent more than one client in a matter of common interest. Most joint representations are uneventful. The joint clients achieve their goals and the lawyer's services are never at issue. Sometimes, however, the joint clients' interests diverge, and they eventually develop into adversaries.
The common interest privilege states that ?[c]ommunications shared with third persons who have a common legal interest with respect to the subject matter thereof will be deemed neither a breach nor a waiver of the confidentiality surrounding the attorney-client relationship.? Id.
Representing more than one client in the same matter may offer practical advantages, such as strategic benefits, cost savings, and a unified front. But joint representation also presents disadvantages and ethical concerns that would not exist if each client hired separate counsel.
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.
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.