Common Interest Agreement Template

This Common Interest Agreement ("Agreement") is made on [Date] by and among [Party Names] (collectively, the "Participants") to share information and strategy regarding [legal matter/investigation].

1. Purpose

• Preserve attorney-client privilege and work product protection for communications shared to pursue common legal interests.

2. Scope of Common Interest

• Participants share common interest in [describe litigation, regulatory investigation, transaction].
• Agreement covers communications among Participants and their respective counsel relating to this interest.

3. Confidentiality

• All shared information is confidential; Participants will not disclose to third parties without consent of originating Participant.
• Access limited to attorneys, agents, and employees necessary to further common interest who agree to be bound.

4. No Waiver of Privilege

• Sharing of privileged materials pursuant to this Agreement does not constitute waiver as to third parties.
• Participants will assert privilege and work product protections in response to subpoenas or discovery requests.

5. Use of Information

• Information may be used solely for purposes of advancing the common legal interest; not for adverse positions or unrelated matters.

6. Independent Representation

• Each Participant retains own counsel; Agreement does not create joint attorney-client relationship or conflict.
• Counsel remain free to represent clients individually and make independent decisions consistent with ethical obligations.

7. Term and Withdrawal

• Agreement remains effective until matter concludes or Participant withdraws upon written notice.
• Obligations of confidentiality survive withdrawal; withdrawing Participant must return or destroy shared materials upon request.

8. Additional Participants

• New participants may join upon written consent of existing Participants and execution of joinder agreeing to be bound.

9. Governing Law

• Agreement governed by laws of [State]; disputes resolved in [venue].

10. Entire Agreement

• Represents entire understanding; modifications require written consent of all Participants.

Signatures

Participant: ____ Counsel: ___ Date: _

Participant: ____ Counsel: ___ Date: _

Attach list of matters covered and contact information for participating counsel.