Description
Gain a better understanding of the effective use of JDAs in investigations and litigation.Communications on legal issues between clients and their attorneys are privileged. But many other kinds of communications common in litigation with multiple defendants or subjects of investigations are not necessarily privileged. For instance, the attorneyclient privilege may not cover communications between two subjectsdefendants, between the lawyers for codefendants, and even between a defendant and her codefendant’s lawyer. Such communications are not between a client and her lawyer, and therefore do not meet the fundamental elements of the attorneyclient privilege. This presentation will help you understand whether and how a Joint DefenseCommon Interest (JDA) agreement can help address this problem. This program will provide attendees with a better understanding of the effective use of JDAs in investigations and litigation.
Date: 2024-06-06 Start Time: End Time:
Learning Objectives
Differing Paradigms
• Paradigm #1: Separate Privilege From Attorney-Client Privilege
• Paradigm #2: Non-Waiver (Sub Set) of Attorney-Client Privilege
• Know Your Jurisdiction
Substantive and Temporal Scope of the JDA
• Scope of Agreement and Parties
• Statement of Common Interest
• Past Sharing of Privileged Information
Typical Provisions of Written JDAs
• Description of Scope of Privilege for Documents and Communications
• Effects of Potential Conflicts of Interest
• Notice of Withdrawal
• No Interference With a Proceeding, Investigation or Litigation
Other Issues to Consider in Drafting JDAs
• Derivative Use of Common Interest Material
• Requests by Third Parties for Common Interest Material
• Conduct Inconsistent With Agreement
• Successor Counsel
Practical Considerations
• Advantages and Disadvantages of Operating Under Common Interest
• Whether JDA Should Be Written
• Discovery and Litigation of JDAs
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Vince Farhat-Jeffer Mangels Butler & Mitchell LLP
