In litigation and business transactions, it is not uncommon for multiple parties to be aligned. In such cases, the aligned parties and their counsel may seek to have their mutual communications protected by joint defense or common interest agreements. Courts often acknowledge such agreements and through them extend protections and privileges. It’s important, however, to properly establish these agreements.
Notably, the prerequisites, scope, and boundaries of the joint defense or common interest privilege can differ significantly. However, by taking specific steps, attorneys can maximize the chances that the court will recognize and give effect to claimed joint defense and common interest privileges and immunities. Most often, this occurs by means of a formal, written agreement.
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