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Joint Defense Agreements: Benefits, Pitfalls, and Best Practices

May 31, 2011

Sponsor: Commercial Litigation Committee of the Business Law Section, State Bar of Michigan

Tuesday, May 31, 2011
12:00 noon to 1:00 p.m.

The potential pitfalls of joint defense agreements—privilege waivers, unintended attorney-client relationships, resulting conflicts of interest—have led some to disavow JDAs entirely. But when properly employed, a JDA allows parties that share a common legal interest in litigation (or, where appropriate, in a transaction) to collaborate and share attorney-client-privileged information and work product without waiving the right to assert those protections against others.

This 60-minute webinar will cover: 

  1. Legal requirements for an enforceable JDA, lack of legal uniformity across jurisdictions, and noteworthy Michigan cases; 
  2. Scenarios when counsel should consider a JDA and practical assessments of benefits and costs to clients; 
  3. Pitfalls of JDAs and potential problems, including unintended attorney-client relationships, conflicts of interest, risk of waiver, and discoverability of JDAs; and 
  4. JDA best practices, including key issues to address in the JDA.


Matthew P. Allen, Miller Canfield

Kevin A. Fanning, Clark Hill

Daniel W. Linna Jr., Honigman

Richard E. Zuckerman, Honigman

Registration Information

 To register for this FREE, non-CLE webinar, please click on the following link:


Attendance is limited