This is an engagement letter for joint client representation. It covers the nature and scope of the representation, any exclusions, potential conflicts of interest, retainer, fees, costs and expenses, arbitration, and other issues.
South Dakota Engagement Agreement for Joint Client Representation
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However, under the common interest doctrine, ?an attorney can disclose work product to an attorney representing a separate client without waiving the attorney work product privilege if the disclosure relates to a common interest of the attorneys' respective clients; the disclosing attorney has a reasonable expectation ...
Also known as "common-interest privilege" or "common-interest doctrine", it is an exception to the rule that disclosure of privileged information to a third-party will waive solicitor-client privilege.
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.
This makes it clear that a conflict of interest will arise if you are acting for two or more clients in the same or a related matter, and your duties to act in the best interests of each of those clients conflict.
Under ?common interest? or ?joint defense? doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney?client privilege.
Lawyers routinely represent more than one client in a matter of common interest. Most joint representations are uneventful. The joint clients achieve their goals and the lawyer's services are never at issue. Sometimes, however, the joint clients' interests diverge, and they eventually develop into adversaries.
2023 Estate and Trust Engagement Letter ? Form 1041 2023 Estate and Trust Engagement Letter ? Form 1041. An engagement letter is a contract that establishes the services a practitioner will provide to his or her clients. Each engagement requires careful consideration to address its particular circumstances.
Under the Common Interest Privilege, communications voluntarily made among different parties and their attorneys or documents exchanged, which would ordinarily waive the underlying privilege/protection, are not waived ?where a joint defense effort or strategy has been decided upon and undertaken by the parties and ...