Kansas 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

?The common interest doctrine allows parties with a community of interests to preserve the privilege's protections where the parties have 'joined forces for the purpose of obtaining more effective legal assistance.

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, ...

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.

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.

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.

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.

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.

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Kansas Joint Defense Agreement