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Court-Imposed Waiver of the Joint-Defense Privilege
Most defense attorneys enter into joint-defense agreements with the understanding that even if one of the signatories decides to withdraw from the agreement and cooperate with the government, the confidentiality provisions survive. Such agreements routinely include language like this:
“In the event that any client … engages in negotiations or enters into any agreement with any third party that is in any respect … inconsistent with the continued sharing of information under this Agreement, such client shall be deemed to have withdrawn from this Agreement and shall refrain from disclosing to the third party any joint-defense materials.
No attorney who has entered into this Agreement shall be disqualified from cross-examining any client to this Agreement … because of … [this] Agreement; however, nothing herein shall permit any attorney to cross-examine another attorney's client utilizing any joint-defense material contributed by that client.”
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