Weissman invoked joint defense privilege to ensure that his own confession was not used against him. To prove his right to privilege, Weissman`s lawyer testified that at the beginning of the meeting, he asked the business consultant to agree that the meeting would be conducted according to a JDA. According to Weissman`s lawyer, the management consultant agreed. However, the corporate lawyer had a different memory of the meeting and explained that JDA had never been discussed. If these differences are not taken into account, they may endanger all parties to the Common Defence Agreement. Therefore, an important provision of any common defence agreement is to deal precisely with what happens when a party decides to terminate or abandon it. Joint defence and common interest agreements can be effective tools to promote client interests and reduce costs. The key is to get it right so that they don`t themselves become the basis of a dispute. There will be cases where a co-defendant attempts to monopolize the direction of the legal strategy as part of a JDA just for his or her benefit.
The cooperating defense attorney should be tired of these situations, as a court may determine that there is no JDA in such circumstances. In the interests of due process, the safety of the accused and the constitutional rights of the accused, the court – sua sponte – ordered the defence lawyer to submit his draft JDA to the court for consideration under the pretext. The Court concluded that, in accordance with its supervisory powers, it had significant powers to monitor its own affairs to ensure that justice was satisfactory. In support of this point, the Court has indicated that other courts have interpreted a common interest more broadly, but the risk remains that the courts will find that the interests of the parties are not sufficiently “common” or “common” to recognise a joint defence agreement. The best plan of action is to articulate common legal interests, including positions, defenses, and potential liabilities. Since the existence of common interests is not as obvious as in the context of litigation, it is particularly important that clients and lawyers document the beginning, duration, scope, limitations and termination of an agreement of common interest. Incorporation is important so that in the event of subsequent disputes, the parties can determine exactly when the common interest began. .