Indiana Joint Defense Agreement

State:
Multi-State
Control #:
US-TS13053C
Format:
Word; 
PDF; 
Rich Text
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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.

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.

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.

In particular, section 47(c) extends a conditional privilege against defamation to statements made without malice on subjects of mutual interest. The privilege applies where the communicator and recipient share a common interest and the communication is of a kind reasonably calculated to protect that interest.

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.

No writing is required, in part, because the attorney-client privilege, from which the common interest doctrine was derived, does not depend on a writing.

It is your understanding that federal case law recognizes a common interest doctrine that allows parties to litigation to share privileged information with other parties who have a common legal interest without waiving the applicable privilege.

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.

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Indiana Joint Defense Agreement