This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
New Jersey Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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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.
If a group of clients and their attorneys communicate with an unrepresented party, then there can be no common interest privilege. In that situation, the unrepresented party is simply a third party who destroys the privilege and creates waiver.
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.
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.
The Doctrine permits the sharing of a qualified privileged communication to another provided that the parties are separately represented and have a common legal, factual, or strategic interest for exchanging the information and it is exchanged with each other and their respective lawyers.
The common interest doctrine sometimes prevents what would be a waiver when separately represented clients disclose privileged communications to each other. But the doctrine normally requires an identical legal interest, not just a shared financial interest in a litigation's outcome.
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.