This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Georgia Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
Under the so-called ?work product? doctrine, documents prepared in anticipation of litigation are usually privileged and cannot be seen by the opposing party. However, documents that are prepared for some business purpose other than anticipation of litigation are not covered, and can be seen by the opposing party.
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.
The common interest privilege, applies where (1) the communication is made by separate parties in the course of a matter of common interest, (2) the communication is designed to further that effort, and (3) the privilege has not been waived.
Rule 1.7 - Conflict of Interest: General (a) A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer's own interests or the lawyer's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client, ...
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.
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 Georgia Attorney General has defined "conflict of interest" as the "principle that a public official or employee must not place himself in a position where his private and personal interest (as distinguished from a general citizenship interest) might prevent or appear to prevent him from exercising his official ...