Joint Defense Privilege

13:14 Dec 15, 2010
English to Russian translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Joint Defense Privilege
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Joint Defense Privilege
Angela Greenfield

Discussion entries: 6


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13 hrs
Reference: Joint Defense Privilege

Reference information:

Joint-defense agreements serve as both contracts and notices to the client. In such contracts, the parties agree that they may exchange confidential information for their mutual benefit, and protect from disclosure the fact of the exchange and preserve privileges already attached to such information. In California, there is no formal joint-defense privilege. Rather, it is a judicial doctrine derived primarily from the attorney-client privilege.

And the label itself, "joint-defense,"is somewhat misleading, because the doctrine can be applied to non-litigation settings, such as transactional communications. 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. Supp. 2d 1069, 1080 (N.D.Cal. 2003).

Angela Greenfield
United States
Specializes in field
Native speaker of: Native in RussianRussian, Native in UkrainianUkrainian
PRO pts in category: 359
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