Drafting Joint Defense Agreements: Protecting the Privilege, Sharing Work Product, Avoiding Disqualification
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide litigators on the use of joint defense agreements in civil litigation. The panel will discuss the tactical benefits of joint defense agreements and their potential pitfalls and offer best practices for crafting an agreement that protects the interests of both counsel and clients and safeguards confidential information shared among co-defendants.
Outline
- Considerations before entering a joint defense agreement
- Advantages and disadvantages
- Cost
- Participants
- What information to share
- Settlement issues
- Joint defense agreement
- Key provisions
- Provisions concerning disclosure
- Ethical considerations
- Conflicts of interest and potential disqualification
- Protecting privileged information
- Ethics opinions addressing joint defense
Benefits
The panel will review these and other key issues:
- What critical safeguards must defendants put in place to protect the joint defense privilege?
- What are the main steps that defendants working jointly can take to avoid or cope with potential conflicts?
- What preventative clauses should be incorporated into the joint defense agreement to minimize potential risks?
Faculty
Caroline A. Covington
Attorney
Steptoe & Johnson
Ms. Covington advises clients on government investigations and white-collar criminal defense matters, as well as... | Read More
Ms. Covington advises clients on government investigations and white-collar criminal defense matters, as well as complex commercial litigation. Her experience includes planning and executing investigations into factual claims, including serving discovery requests and related motions to compel, deposition preparation, and coordinating with forensic experts. She has also worked on consumer protection class actions and multidistrict litigation. Ms. Covington is also active in pro bono efforts.
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James M. Purce
Attorney
Steptoe & Johnson
Mr. Purce represents individuals and companies in criminal investigations and prosecutions, and internal investigations... | Read More
Mr. Purce represents individuals and companies in criminal investigations and prosecutions, and internal investigations and compliance. He has experience defending clients against investigation and enforcement actions by the Department of Justice and other agencies, including matters related to fraud, money laundering, and obstruction. Mr. Purce also has experience in fact development, witness preparation, and trial preparation.
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George Andrew Rowlett
Member
Howell & Fisher
Mr. Rowlett litigates primarily personal injury claims, property losses (subrogation and recovery), insurance coverage... | Read More
Mr. Rowlett litigates primarily personal injury claims, property losses (subrogation and recovery), insurance coverage matters, and commercial disputes. He is a skilled trial lawyer and mediator known for his responsiveness and persistence. He is a Tennessee Supreme Court Rule 31 Listed General Civil Mediator. Mr. Rowlett mediates and arbitrates matters through Miles Mediation & Arbitration (https://milesmediation.com/neutrals/g-andrew-rowlett/), one of the nation’s premier alternative dispute resolution providers.
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