This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Massachusetts Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
The common interest doctrine ? alternatively referred to by courts as the community of interest doctrine or the joint defense privilege ? is a way to avoid the waiver of privilege when information or opinions are shared between lawyers for separately represented parties.
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.
The common interest doctrine ? alternatively referred to by courts as the community of interest doctrine or the joint defense privilege ? is a way to avoid the waiver of privilege when information or opinions are shared between lawyers for separately represented parties.
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 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.
In the Commonwealth of Massachusetts, the litigation privilege provides that statements by a party, witness, or counsel during a judicial proceeding are absolutely privileged, so long as the communications are related to that proceeding.
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.
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.