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The Common Interest Doctrine Agreement: What You Need to Know

In the realm of legal proceedings, sometimes parties with similar interests need to share information with one another. This sharing is typically done under the guise of a “common interest doctrine agreement.” This type of agreement allows parties to preserve attorney-client privilege while still exchanging important information.

Here`s what you need to know about common interest doctrine agreements:

What is a common interest doctrine agreement?

A common interest doctrine agreement is an agreement between two or more parties that have a “common interest” in a legal matter. The agreement allows the parties to share information with one another without waiving attorney-client privilege. This means that any information shared between the parties will not be disclosed to third parties or used against each other if the information shared is later found to be damaging.

Why is a common interest doctrine agreement necessary?

In many legal disputes, parties with similar interests may be on opposite sides of the issue. For example, in a lawsuit between two companies, they may both have a shared interest in keeping their proprietary information private. However, they are still on opposite sides of the lawsuit.

By executing a common interest doctrine agreement, the parties can share information with one another without waiving attorney-client privilege. This allows them to work together to achieve their common interest without exposing themselves to additional risk.

When is a common interest doctrine agreement used?

Common interest doctrine agreements are typically used in situations where multiple parties are involved in a lawsuit or legal matter. For example:

– In a complex commercial dispute, multiple companies may need to share information and cooperate with one another to achieve a common goal.

– In a merger or acquisition, multiple parties may need to exchange sensitive financial information to evaluate the deal.

– In a regulatory inquiry, multiple parties may need to exchange information to respond to the inquiry.

What does a common interest doctrine agreement include?

A common interest doctrine agreement generally includes the following elements:

– A statement of the parties` mutual interest in the legal matter.

– A statement that the parties are not waiving any attorney-client privilege by sharing information.

– A statement that the parties will keep any information shared confidential.

– An agreement that neither party will use any shared information against the other in the future.

How does a common interest doctrine agreement work?

Once a common interest doctrine agreement has been executed, the parties can share information with one another while still maintaining attorney-client privilege. This means that any information shared will not be disclosed to third parties or used against each other if the information shared is later found to be damaging.

For example, if two companies share sensitive financial information while evaluating a potential merger, neither company can use that information against the other if the merger falls through.

Conclusion

A common interest doctrine agreement can be a valuable tool in legal proceedings where multiple parties have a shared interest. By executing a common interest doctrine agreement, parties can share information without exposing themselves to additional risk. If you are involved in a legal matter where you think a common interest doctrine agreement may be appropriate, it`s important to consult with an experienced attorney to ensure that your interests are protected.