Mississippi 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.

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.

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.

"I do solemnly swear (or affirm) that I will demean myself, as an attorney and counselor of this court, ing to the best of my learning and ability, and with all good fidelity as well to the court as to the client; that I will use no falsehood nor delay any person's cause for lucre or malice, and that I will ...

An agreement between separately represented parties with common legal interests (generally relating to pending or anticipated litigation) that allows the parties to share confidential information with each other without waiving the attorney-client privilege, work product protection, or other applicable privilege or ...

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.

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.

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Mississippi Joint Defense Agreement