Building Team Defense: The Rights, Wrongs, and Potential Pitfalls in Using the Joint Defense Agreement and Privilege

Epstein Becker Green150 North Michigan Avenue, 35th Floor
Chicago, IL 60601


  • Are there prerequisites for forming a joint defense agreement? 
  • When is the right time to form such an agreement? 
  • Are there different considerations in a criminal case? 
  • If the agreement or assertion of a joint defense privilege is challenged, whose burden is it to establish the privilege, or lack thereof? 
  • What are the valid bases for withdrawing from a joint defense agreement?
  • If one party withdraws from the agreement, does the entire agreement cease to exist? 
  • Can information learned during a joint defense relationship be used for impeachment purposes?
  • Does the joint defense privilege extend outside of a litigation context?
  • What are the important legal developments regarding use of this litigation tool?

Registration Fee: $50

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Please contact Pamela Archer at 312-499-1400 or [email protected] with any questions.