Common Interest Doctrine Protects Talk Between Joint Venturers, Co-Defendants

This article explores the application and limitations of the common interest doctrine. The common interest doctrine is an exception to the rule that not privilege attaches to communications among a client and an attorney in the presence of a third person. The doctrine will apply when parties undertake a joint effort with respect to a common legal interest. However, different jurisdictions require varying levels of commonality between the interests of the parties. In addition, some jurisdictions require that the communications must be made in anticipation of or in connection with litigation in order to be protected by the doctrine. This article examines recent cases wherein the common interest doctrine was invoked.