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Joint Defense Privilege
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege.''United States v. Schwimmer'', 892 F.2d 237, 243 (2d Cir.1989). Under “common interest” or “joint defense” doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege.''In re Pittsburgh Corning Corp.'', 308 B.R. 716 (Bankr. W.D. Pa. 2004). Because the joint defense, "privilege sometimes may apply outside the context of actual litigation, what the parties call a ‘joint defense’ privilege is more aptly termed the ‘common interest’ rule.”''United States v. LeCroy'', 348 F. Supp. 2d 375, 381 (E.D. Penn. 2004); ''see also United States v. BDO Seidman, LLP'', 492 F.3d 806, 815 (7th Cir. 2007). Purpose “The need to protect the free flow of information from client to attorney logically exists whenever multiple clients share a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney–client Privilege
Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney–client privilege is " client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." The attorney–client privilege is one of the oldest privileges for confidential communications. The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation. General requirements under United States law Although there are minor variations, the elements necessary to establish the attorney–client privilege generally are: # The asserted holder of the privilege is (or sought to become) a client; and # The person to whom the communication was made: ## is a member ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |