This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Pennsylvania Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
Description
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How to fill out Joint Defense Agreement?
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FAQ
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.
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.
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.
A common interest agreement is an agreement entered into by attorneys and their clients to allow for sharing of information and strategies without violating confidentiality requirements. This document allows the attorneys to coordinate and work together when they represent clients with similar legal interests.
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 ...
The common interest privilege is ?an extension of the attorney client privilege.? ?It serves to protect the confidentiality of communications passing from one party to the attorney for another party where a joint defense effort or strategy has been decided upon and undertaken by the parties and their respective counsel ...
No writing is required, in part, because the attorney-client privilege, from which the common interest doctrine was derived, does not depend on a writing.
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.