Coparties in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the attorney-client privilege or work-product privilege when they do so. The common-interest exception to the waiver rule applies to statements made to further the parties’ common interest, pursuant to a common-interest agreement, 1) by attorney for 1 party to other party’s attorney; 2) by 1 party to other party’s attorney; 3) by 1 party to its own attorney, if in presence of other party’s lawyer; and 4) from 1 party to another, with counsel present. Remanded for trial court to conduct an in camera, communication-by-communication review of the challenged conversations involving codefendants and their attorneys. (BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Attorney-Client Privilege