This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Michigan Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
The terms joint defense doctrine and joint defense privilege should not be confused with the term ?joint client doctrine.? The joint cli- ent doctrine protects confidential communications between co-parties and their common, as opposed to separate, counsel.
Common interest privilege may extend attorney-client privilege to cover communications between parties and nonparties under certain circumstances. It protects communications shared within a ?proper community of interest? at the time the communications were made.
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.
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.
Joint-defense agreements can give rise to unanticipated conflicts and vicarious disqualification issues. For example, most attorneys are aware that when attorneys change law firms, disqualifying conflicts can result when former clients of the attorney are adverse to the new law firm. See Frazier v.
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.
Elements. A party seeking to assert the joint defense privilege must demonstrate that: The communications were made in the course of a joint defense effort. The statements were made in furtherance of that effort.
An agreement between separately represented parties with common legal interests (generally relating to pending or anticipated litigation) that allows the parties to share confidential information with each other without waiving the attorney-client privilege, work product protection, or other applicable privilege or ...