Common Interest Agreement Attorney Client Privilege

When it comes to legal matters, one of the most important aspects is the confidentiality of the relationship between an attorney and their client. This confidentiality is protected by the attorney-client privilege. However, there are situations where multiple parties have an interest in the same legal matter and need to work with the same attorney. In these cases, a common interest agreement can be established to protect the attorney-client privilege.

What is a common interest agreement?

A common interest agreement is a legal agreement established between parties with a shared legal interest in a matter, agreeing that communications between them are privileged and confidential. This agreement allows parties with similar legal interests to share information and collaborate while maintaining the confidentiality of their communications with their respective attorneys.

How does a common interest agreement work?

Let`s say, for example, a group of individuals wants to sue a company for environmental damages. Each individual hires their own attorney, but all parties have a shared interest in the outcome of the case. A common interest agreement would be established between the attorneys and their respective clients, allowing them to share information with each other without waiving their attorney-client privilege.

Since the communications between the parties are confidential, no one can use them against each other in any future legal proceedings, even if they become adverse parties. This allows for more efficient collaboration and a better chance of success in the legal matter.

Why is a common interest agreement important?

A common interest agreement is important because it allows parties to maintain the confidentiality of their communications while working together towards a common goal. Without this agreement, sharing information with others involved in a legal matter could waive the attorney-client privilege, leaving parties vulnerable to adverse discovery requests or other legal consequences.

It`s important to note that a common interest agreement should only be established when there is a clear shared legal interest between parties. If there is any uncertainty or disagreement over legal interests, it`s best to seek separate legal representation.

In conclusion, a common interest agreement is a valuable tool for parties with a shared legal interest to work together while protecting their attorney-client privilege. By establishing this agreement, parties can collaborate more efficiently and effectively towards a successful outcome in their legal matter. As always, it`s important to consult with an experienced attorney to ensure that the agreement meets the specific needs of all parties involved.