Common Interest Agreement Privilege

Other jurisdictions have continued to interpret a common interest, but the risk remains that the courts may find that the interests of the parties are not sufficiently “common” or “common” to recognize a common defence agreement. The best way to proceed is to articulate common legal interests, including positions, defences and potential commitments. Termination is important for the parties to fully understand when the common interest privilege ends and what happens if it does. Provisions confirming the obligations of lawyers or their absence are in turn necessary to avoid unnecessary litigation, including costly disqualification claims. The concept of “privilege” is essential in the U.S. legal system and litigation. .

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