What is the common interest privilege?

The common interest doctrine is an exception to the general rule that disclosure of a communication to a third party destroys any attendant privilege. In other words, the doctrine permits attorneys representing different parties with similar legal interests to share information without having to share it with others.

How do you establish common interest privilege?

Just as it is always good practice to have a written engagement letter to establish and clarify any attorney-client relationship, a written agreement can provide evidence to a court that the parties believed that they shared a common legal interest subject to privilege.

What is a common interest in law?

Related Content. The doctrine that allows separately represented parties with common legal interests to share information with each other and their respective attorneys without destroying the attorney-client privilege. It is also known as the joint defense doctrine.

Can common interest privilege be waived?

Key points. “Common interest privilege” is not a true privilege at all, but an exception to the waiver rule. Privilege will survive if the communication is disclosed to a third party who shares a sufficient “common interest” with the privilege holder.

What is common interest?

Common Interest means the percentage of undivided interest in the common elements appurtenant to each unit, as expressed in the declaration, and any specified percentage of the common interest means such percentage of the undivided interests in the aggregate.

What is the difference between a joint defense agreement and a common interest agreement?

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.

Is a common interest agreement discoverable?

Courts sometimes wrestle with common interest agreements’ discoverability. In GeoMetWatch Corp. v. Hall, the court noted that “[c]ases that have addressed whether joint-defense agreements are discoverable or protected by the joint-defense privilege run the gamut.” Case No.

Who owns the common interest privilege?

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 …

What is the purpose of a common interest agreement?

Common interest agreements allow attorneys representing different clients with similar legal interests to share information, coordinate strategy, and limit costs, without compromising the confidentiality protections provided by the attorney-client privilege and work product doctrine.

What is common interest material?

Common Interest Material means any discussion, evaluation, negotiation, or any other communication or exchange of information relating to the Claim(s) in any way, whether written or oral, between or among the Plaintiff, the Lead Counsel, the Funder, and/or the Funder’s legal counsel, provided that such communication or …

What does shared Interest mean?

A shared interest—in the way I am using the term—is nothing more than what it sounds like: an interest (in the broad sense of the word) that happens, for whatever reason, to be shared among all members of a group.