This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Riverside California Joint Defense Agreement
State:
Multi-State
County:
Riverside
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
Description
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FAQ
Joint Defense Agreement ("JDA") is an oral or written agreement between the parties which includes the parties' commitments to one another to assure confidentiality pursuant to the Common Interest Doctrine.
Joint Defense Agreement (JDA)
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. See Meza v.
Joint Defense Agreement (JDA)
Courts have no power to create new privileges, and the California Evidence Code does not include a joint defense privilege for separately represented parties. Thus, California courts held that there is no joint defense privilege.
The common interest doctrine allows for the disclosure between parties, without waiver of privileges, of communications that are protected by the attorney-client privilege or the work product doctrine, when the disclosure is necessary to accomplish the purpose for which the legal advice was sought.
Cal. 2014) ("The attorney-client privilege generally does not preclude disclosure of fee agreements."). However, under California state law, a "written fee contract shall be deemed to be a confidential communication' that is not subject to discovery." Moriarty v.
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. See Meza v. H.
The joint defense agreement may be discoverable.
The court cited decisions holding "that joint-defense agreements are indeed protected by the joint-defense privilege," but also noted that "other courts have found that joint-defense agreements are not protected by that privilege." Id.
