By: Skye L. Daley and Vincent R. Whittaker
“Despite its advanced age, the common interest doctrine is an oft-overlooked tool in the belt of the California attorney. It is as versatile as it is old, finding its application in both criminal and civil forums, but divining its contours remains stubbornly difficult. Without a firm grasp of the common interest doctrine, practitioners on both sides of the aisle—members of the plaintiffs’ and defense bar, alike—are too often prone to produce communications between counsel and third parties during discovery under the mistaken belief that such communications are rarely or never protected from disclosure.
This article spotlights this powerful but often misunderstood, or forgotten, tool by explaining what it is not—a standalone “privilege”—then illustrating how the doctrine is applied to attorney-client communications and attorney work-product in general before concluding with the doctrine’s application to “affiliated” corporate entities.”
To read full article on Bloomberg’s website, click here.*