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FAQ

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

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

A defense pact (or defence pact in Commonwealth spelling) is a type of treaty or military alliance in which the signatories promise to support each other militarily and to defend each other. In general, the signatories point out the threats in the treaty and concretely prepare to respond to it together.

Joint Defence Agreements (JDAs) memorialize the agreement of defendants to exchange confidential and/or privileged information without waiving privilege over that information while tolling agreements toll limitation periods and preserve the rights of defendants to claim against each other in subsequent proceedings.

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.

In California, there is no formal joint-defense privilege. Rather, it is a judicial doctrine derived primarily from the attorney-client privilege.Although joint-defense agreements can be formed orally, a joint-defense agreement should always be in writing and reviewed with and signed by the client.

On the other hand, common interest privilege arises when two or more persons have a common interest in a particular matter which is the subject of legal advice so that if one of the parties obtains legal advice which is privilege and provides it to the other party, the other party can also claim legal professional

Joint Defense Agreement Template

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What is a common interest privilege agreement?

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