Murphy: Ethical and Effective Joint Defense Groups
Coordinated mass tort actions in state and federal courts frequently involve a number of different co-defendants whose interest in litigation may potentially align, giving rise to joint defense groups. In an article for DRI’s October 2024 issue of For the Defense, Shook Associate Colin Murphy discusses the evolution of joint defense privilege—which allows counsel for one defendant to communicate with counsel for a co-defendant while protecting such communications from the plaintiff—and also highlights features of a successful joint defense group.
In an article titled “Ethical and Effective Joint Defense Groups,” Murphy advised that a clear leadership structure can help a joint defense group avoid the pitfalls of a lack of coordination between the various co-defendants. He also said that fostering mutual care is critical for defendants’ success.
“Civility among members of the group should be a given, but if members can move beyond mere civility to mutual care and respect, joint defense groups can reach new heights in the services they can provide to the respective clients within the group,” Murphy said. “True, an attorney’s loyalties reside with their client, but attorneys within a joint defense group must realize that showing care and respect to other members of the group can produce greater outcomes for their client that may not be possible apart from a harmonious joint defense group.”
Read the article in For the Defense >>
In an article titled “Ethical and Effective Joint Defense Groups,” Murphy advised that a clear leadership structure can help a joint defense group avoid the pitfalls of a lack of coordination between the various co-defendants. He also said that fostering mutual care is critical for defendants’ success.
“Civility among members of the group should be a given, but if members can move beyond mere civility to mutual care and respect, joint defense groups can reach new heights in the services they can provide to the respective clients within the group,” Murphy said. “True, an attorney’s loyalties reside with their client, but attorneys within a joint defense group must realize that showing care and respect to other members of the group can produce greater outcomes for their client that may not be possible apart from a harmonious joint defense group.”
Read the article in For the Defense >>
