No ‘Common Interest’ Protection Unless Lawyers Involved

June 22, 2018, 6:38 PM UTC

Parties with a common legal interest need to talk to each other through their respective attorneys, or they risk having to disclose those communications to their common adversary, the U.S. District Court for the Southern District of California said June 19.

Parties with a common interest in pursuing an argument or defense in litigation may enter into a common interest agreement. These let parties and their lawyers share legal strategies and information without giving up the protections of the attorney-client privilege. But a question remains: Does each party to the agreement need a lawyer for the protection to apply?

The ...

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