Any work performed by counsel, their respective attorneys, employees and representatives of law firms in connection with their representations, and communicated either (on behalf of the defendant) or to all in connection with such representations, is deemed to be in accordance with the outcome of the work and solicitor-client privilege, as well as the “common defence doctrine” (joint representation doctrine) and all other applicable rights and privileges. be in progress. including those recognized in Continental Oil Company v. United States, 220 F.2d 347 (9th Cir.1964); Hunydee v. United States, 355 F.2d 183 (9th Cir.1965), in the case of a summons to appear before a grand jury dated November 16, 1974, 406 F.Supp. 381 (S.D.N.Y. 1975), and United States v McPartlin, 595 F.2d 1321 (7th Cir.1979). In order to effectively pursue our common defence and common claims, we have also concluded that my mutual interests are best served from time to time by sharing documents, factual material, mental impressions, strategies, legal theories, memoranda, interview reports and other information, including their reliability, all of which are hereinafter referred to as “Client Documents”. In the absence of such disclosure, such plaintiffs and defence documents would be protected from disclosure to opposing or other parties by reason of solicitor-client privilege, solicitor-client product privilege or other applicable privileges. The purpose of this Agreement is to ensure that the exchange and disclosure of Customer Materials contemplated herein will not affect the confidentiality of Customer Materials and will not constitute a waiver of otherwise available privileges. We believe that there is a mutual interest between (on behalf of the defendant) in a common and common defense or any criminal claim relating to these matters and any related civil or administrative proceeding. In this regard, we would like to ask the respective lawyers to represent us in our distinct but common interests and to avoid any suggestion of waiving the confidentiality of privileged communications, memoranda and documents.
Accordingly, it is our intention and understanding that communications between them, whether by individual lawyers and their law firms or otherwise, and all joint interviews with potential witnesses are confidential and protected from disclosure to third parties by work product privileges. If another person or entity, by subpoena or otherwise, requests or requests defense documents obtained from the other party, directly or through counsel, or obtained jointly on behalf of both parties, the party receiving the request or request will promptly notify the other party. The natural or legal person requesting such defence documents shall be informed that such documents may only be borrowed and that the party concerned should be requested. Each party shall take all necessary steps to enable the enforcement of all rights and privileges relating to such Defense Materials and shall fully cooperate with all legal proceedings relating to the disclosure of the Defense Materials. We further agree that in the event that we withdraw from this Agreement, nothing in this Agreement will create a conflict of interest requiring the disqualification of attorney One`s law firm from representing the other, and we hereby waive any such conflict of interest. However, it is agreed that any counsel named herein shall not be excluded from the examination or cross-examination of either (on behalf of the defendant) as a result of such firm`s participation in this Agreement if any person testifies in any proceeding, whether granting immunity or otherwise. To this end, it is agreed and agreed that information obtained by attorneys from (on behalf of the defendant) will remain confidential and protected from disclosure to third parties, except as provided herein. It is further understood and agreed that all documents exchanged between us, whether by attorneys or otherwise, and the information contained therein and any other trusts exchanged between (on behalf of the defendant) will be used exclusively in connection with any related judicial, investigative and civil, criminal or administrative proceeding arising out of the incident of (alleged incident). We further agree that we will not disclose any material obtained from (on behalf of the defendant) or counsel or their contents to any third party without first obtaining the consent of all parties authorized to assert privilege with respect to such material. We recognize that disclosure of any communication that violates this Agreement will result in irreparable harm to parties for whom there is no adequate remedy.
Each party acknowledges that immediate injunctive relief is an appropriate and necessary remedy for any breach or threatened breach of the Agreement. This Agreement shall remain in force regardless of the conclusion or resolution of criminal or civil actions or administrative, civil or criminal investigations or proceedings arising out of or relating to any of them. I agree that I will continue to be bound by this Agreement after any such conclusion or solution. In the event that either party decides to withdraw from this Agreement for any reason, such party shall immediately notify each designated counsel hereof of the withdrawal of such parties from this Agreement, which shall subsequently terminate with respect to such party; provided, however, that such termination does not affect or affect confidentiality obligations with respect to documents previously provided under this Agreement.