A Tragedy of the Common: The Common Interest Rule, its Common Misuses, and an Uncommon Solution

Authors

Nicole Garsombke, University of Georgia School of Law

Publication Date

2006

Abstract

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, this Note suggests an adoption of these rules as defined in the Restatement (Third) of the Law Governing Lawyers to clarify courts' current confusion. Last, this Note presents checklist summarizing practical considerations for attorneys contemplating entering into either coclient or common interest arrangements

Recommended Citation

Garsombke, Nicole (2006) "A Tragedy of the Common: The Common Interest Rule, its Common Misuses, and an Uncommon Solution," Georgia Law Review: Vol. 40: No. 2, Article 7.
Available at: https://digitalcommons.law.uga.edu/glr/vol40/iss2/7