Joint defense agreements (JDA) have become a common practice in legal proceedings, especially in high-profile cases. It allows multiple parties with a common interest to come together and share information without waiving attorney-client privilege. But who exactly can sign a JDA? Let’s take a closer look.

First and foremost, only parties with a common legal interest can sign a JDA. This means that the parties must have a shared stake in the outcome of a legal proceeding. It could be co-defendants in a criminal case or multiple parties being sued in a civil suit. In simple terms, the parties must share a common legal goal and must agree to collaborate in the defense.

Typically, attorneys representing the various parties will negotiate and draft the JDA. They will then seek approval from their clients before signing the agreement on their behalf. Importantly, JDA’s are legally binding contracts, and any signing party must have the authority to bind their respective clients.

In criminal cases, all co-defendants must sign the JDA. This ensures that the parties can work together to prepare their defense without fear of incriminating each other. In civil suits, however, parties may have varying levels of involvement and may not be required to sign a JDA if their interests do not align with the other parties.

It is also important to note that a JDA does not create an attorney-client relationship between parties. Each party must have their respective legal representation, and the JDA only serves to allow collaboration between these separate attorneys. It is therefore crucial that each party has their own attorney to advise them on their individual legal rights and obligations.

In conclusion, parties with a common legal interest can sign a joint defense agreement. Attorneys typically negotiate and draft the JDA, and all parties must have the authority to bind their respective clients. In criminal cases, all co-defendants must sign a JDA, while in civil suits, parties may have varying levels of involvement and may not be required to sign a JDA if their interests do not align with the other parties.