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Expert Analysis

2nd Circ. Ruling Shows Pitfalls Of Joint Defense Agreements

By Daniel Wenner (October 24, 2017, 1:24 PM EDT) -- Every criminal defense attorney has represented a client who is charged along with others in some criminal scheme. Typically, those defense attorneys enter into a joint defense agreement (JDA) to allow them to have privileged communications with each other and with each other's clients about the case to develop their defense strategies, without exposing those communications to disclosure to the government. After all, the communications are privileged among the entire joint defense group. But what happens when the government learns of those communications and finds a way to use them?...

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