This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Oregon Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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How to fill out Joint Defense Agreement?
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FAQ
Joint defense agreements containing certain key provisions that are signed by all attorneys and clients may provide some protection from the ethical concerns discussed above, although such provisions are not necessarily determinative.
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.
The privilege shields written and oral communications from disclosure in litigation as well as from disclosure under the Oregon Public Records Law and similar laws. The purpose of the privilege is to permit clients to obtain confidential legal advice and to encourage candor between lawyers and clients.
?A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client.? Oregon Evidence Code (OEC), Rule 503(2); see also State v.
The common interest doctrine exists in Oregon, although its interpretation in Oregon courts is still limited. Under the doctrine, otherwise privileged communications, when communicated to third parties with a common interest, remain privileged.
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.