Joint Defense and Confidentiality Agreement
(FL)

Summary

This template is a joint defense and confidentiality agreement that may be used in a Florida state court case. It includes practical guidance, drafting notes, and alternate and optional clauses. These agreements may be used when parties with similar legal interests are involved in a legal action or investigation and want to be able to exchange and share information with another party or multiple parties regarding the matter without waiving the attorney-client privilege or work product protection. You must carefully draft a joint defense agreement to ensure that the rights and interests of your client are adequately protected. This template contains drafting notes, and alternate and optional clauses. Though one district in Florida has found no requirement of a written agreement for a joint defense agreement, it is a far better practice to document in writing such agreements. See AG Beaumont 1, L.L.C. v. Wells Fargo Bank, N.A., 160 So.3d 510 (Fla. 2015). Generally, disclosure of privileged materials to a third-party waives the attorney-client privilege. However, litigants who share unified interests in litigation may under limited circumstances exchange privileged information in order to prepare their cases without losing the protection afforded by the attorney-client privilege. Visual Scene, Inc. v. Pilkington Bros., 508 So.2d 437, 440 (Fla. 3d DCA 1987). To fall within the common interest exception, it must be shown that communications were made in the course of a joint defense effort and that the statements were designed to further the effort. See Asplundh Tree Expert Co. v. Barnes, 689 So.2d 1200 (Fla. 4th DCA 1997). For information on the attorney client privilege and the work product doctrine, see Attorney-Client Privilege and Work Product Doctrine Fundamentals (FL). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL).