Law Practice,
Appellate Practice
Jul. 8, 2022
Key features of the common interest and joint defense privileges
In California, for example, common interest or joint defense is a “nonwaiver doctrine,” rather than a separate privilege.
Many legal disputes are not so simple as one party litigating against another. Complex lawsuits can often involve multiple parties asserting a claim and/or multiple allegedly responsible parties. Sometimes the co-defendants are pointing fingers at each other. But other times attorneys realize that their client and other similarly situated parties are in it together, and thus would benefit from coordinating a unified defense. Before doing so, attorneys would be well-s...
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