The common-interest doctrine is a legal principle that allows defendants in a legal case to share confidential communications with each other and their attorneys without losing attorney-client privilege. This doctrine is particularly relevant when multiple defendants are involved in a case and need to collaborate on their defense. It is also referred to as joint-defense privilege.
This doctrine is commonly used in criminal and civil cases where multiple parties are co-defendants. It ensures that communications made for the purpose of legal assistance remain protected, fostering collaboration among defendants and their attorneys. Users can find legal forms and templates related to joint-defense agreements on platforms like US Legal Forms, which can help them manage their legal needs effectively.
Here are a couple of examples of abatement:
Example 1: Two business partners are facing a lawsuit for breach of contract. They communicate with their respective attorneys about their shared defense strategy. Under the common-interest doctrine, these communications remain privileged.
Example 2: In a criminal case, co-defendants discuss their defense with their lawyers to coordinate their testimonies. This collaboration is protected by the common-interest doctrine. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Common-Interest Doctrine Application |
|---|---|
| California | Widely recognized; requires clear communication of shared interests. |
| New York | Recognizes the doctrine but may require a formal agreement. |
| Texas | Generally accepted; must demonstrate a common legal interest. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Description | Difference |
|---|---|---|
| Attorney-client privilege | Protects communications between a client and their attorney. | Common-interest doctrine extends this privilege to co-defendants. |
| Joint-defense privilege | Similar to common-interest doctrine; protects shared communications among co-defendants. | Often used interchangeably with common-interest doctrine. |
If you are involved in a legal case with co-defendants, it is essential to understand how the common-interest doctrine may protect your communications. Consider the following steps:
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| Attribute | Details |
|---|---|
| Legal Areas | Criminal, civil |
| Common Use | Defense collaboration among co-defendants |
| Key Requirement | Shared legal interest |