This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Wisconsin Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
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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.
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.
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: between the client or the client's representative and the client's lawyer or the lawyer's ...
Done right, such agreements are a real boon to defense counsel. Done wrong, such agreements can lead to conflict issues, attorney disqualifications, the admission of damaging admissions by your client, and a host of other problems.
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.
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.
48.23 Right to counsel. (1g) Definition. In this section, ?counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in the same proceeding.
