This form is a Joint Defense Privilege and Confidentiality Agreement usable by parties in cases involving commercial trade secrets.
Utah Joint Defense Agreement
State:
Multi-State
Control #:
US-TS13053C
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
In most contexts, sharing privileged and confidential information with a third party constitutes a waiver of the privilege. However, parties to a joint defense agreement can generally preserve their privilege, even after sharing confidential information with each other.
After deciding to participate in a joint defense agreement, the first issue to consider is whether to have an oral or written agreement. the answer generally depends on whether those involved trust one another.
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 ...
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.
That is why the joint-defense privilege is sometimes referred to as the "common-interest" 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. United States v. Stepney, 246 F.
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 ...
The common interest doctrine exists in Oregon, although its interpretation in Oregon courts is still limited. Under the doctrine, otherwise privileged communications, when communicated to third parties with a common interest, remain privileged.