Delaware Joint Defense Agreement

State:
Multi-State
Control #:
US-TS13053C
Format:
Word; 
PDF; 
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Description

This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.

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FAQ

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.

Although the presence of a third party usually waives the privilege, the ?common interest? exception provides that communications among separate parties with a common interest in a case do not waive the 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.

The doctrine that allows separately represented parties with common legal interests to share information with each other and their respective attorneys without destroying the attorney-client privilege. It is also known as the joint defense doctrine.

Unlike the Ninth Circuit, California does not recognize a joint-defense privilege per se; however, California does recognize a ?common interest doctrine? which can allow privileged information to be disclosed without waiver of the privilege.

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's ...

The common interest doctrine occasionally allows separately represented clients to share privileged communications without waiving that fragile protection. Nearly all courts require that the common interest doctrine participants share a common legal interest, rather than merely a common financial interest.

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Delaware Joint Defense Agreement