The attorney-client privilege is a legal concept that protects confidential communications between a client and their lawyer. It is one of the most important aspects of the attorney-client relationship and is essential for clients to feel comfortable discussing sensitive matters with their attorney. However, there may be circumstances in which a client may want to waive the attorney-client privilege. In such cases, a common interest privilege waiver can be used.
A common interest privilege waiver is a document that allows attorneys and clients to share confidential information with each other without waiving the attorney-client privilege. This type of waiver is typically used when two or more clients have a shared interest in a legal matter, such as when they are involved in a joint venture or are co-defendants in a lawsuit. By signing a common interest privilege waiver, the clients agree that any information shared between them and their respective attorneys will remain confidential and not be used against each other in court.
The use of a common interest privilege waiver can be beneficial in a variety of situations. For example, it can help clients work together to develop a joint legal strategy and ensure that confidential information is not shared with outside parties. It can also help attorneys provide better legal advice by allowing them to share information and ideas with each other.
While a common interest privilege waiver can be beneficial, it is important to remember that it is not a substitute for the attorney-client privilege. Even if a waiver is signed, the attorney-client privilege still applies and any confidential information shared between the attorneys and clients remains protected. Additionally, the waiver does not protect the attorneys or clients from being called to testify in court.
Overall, a common interest privilege waiver can be a useful tool for attorneys and clients who have a shared interest in a legal matter. It allows them to share confidential information without waiving their attorney-client privilege and can help them work together to develop a joint legal strategy.
