Transactions, litigation and business disputes often involve multiple clients with aligned interests but with different attorneys. Many times, clients and their counsel want to communicate with other clients and counsel without risking a waiver of any applicable privileges or immunities. Clients and counsel can benefit from the options developed by courts, including by sharing a joint defense or common interest privilege.
The prerequisites, scope and boundaries of the joint defense or common interest privilege can differ significantly, depending on the jurisdiction. State and federal jurisdictions vary over whether they even recognize a joint defense or common interest privilege, as well as to what extent such a privilege applies.
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