Plaintiffs often sue multiple defendants instead of just one. And when they do, the defendants may discover that they share common issues that affect their liability. While they may choose to work independently to defend themselves, often they join forces to split the work.

If there are a small number of defendants, the defendants may informally agree to divide their labor. But sometimes there are dozens or even hundreds of defendants. In those situations, the defendants may create a formal group.

Why should you read this post about joint defense groups?

You agreed with a bunch of other people to each read one post from this blog and this is the one you were assigned.
It’s faster than sitting through weekly calls to summarize what’s new with this blog.
No one has invited you to a joint defense group and you feel left out.

Three people talking about online processes at a team workshop at UCT

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The Benefits of Joint Defense Groups

Joint defense groups simplify the organization of a complicated case by reducing the number of written submissions the parties need to read and the judge needs to consider.

For example, if there is a statute of limitations defense that applies to all of the defendants, one defendant can file a motion to dismiss, and the other defendants can all say that they “join” in that motion. This is much simpler than hundreds of defendants all filing similar motions that need to read, responded to, and decided.

Groups also make court hearings go smoother. Instead of spending hours, allowing each defendant speak to the judge about duplicative concerns, one attorney can speak for most of the defendants. Then, for issues where an individual defendant has unique concerns, their attorney can speak just about those issues.

But the major reason why joint defense groups are helpful is that they reduce litigation costs for everyone. Major defendants (who may be sued for large amounts of money) may be able to split costs among other major defendants. And minor defendants (who may be sued for comparatively less money) can do much less work because the major defendants are doing most of the research, argument, and negotiation.

Joint Defense Calls

Joint defense groups often convene regular conference calls to discuss the status of the case. Often lawyers for the major defendants take the lead on these calls, sharing the details of the litigation and negotiation, summarizing the research, and presenting opportunities for other parties to contribute.

Joint defense groups may also set up password protected websites to share documents and exchange messages.

Even though communications on these calls are not between attorneys and clients, they may still be protected from disclosure in discovery because of the joint defense privilege.

What Do Minor Participants Do in Joint Defense Groups

It may sound as if minor participants in joint defense groups are “free riders” that just benefit from the major participants’ work. But that’s not really true.

Counsel for minor participants often listen carefully to each of the joint defense calls to make sure that none of the issues negatively affect their clients. Since the major participants may not be thinking of the minor participants when doing their work, it is up to the minor participants’ counsel to make sure that their clients’ interests are protected.

Similarly, counsel for minor participants may attend court hearings and review drafts of filings (and propose edits) to make sure that their clients are protected.

And minor participants often still need to file and exchange certain documents. They may still need to respond to document requests and file their own answers. And if there is a motion filed by a major defendant, they may need to file a statement that says they agree with the motion and that raises any additional arguments they want to make.

Further, counsel for minor participants still need to update their clients on the status of the case. Often this take the form of a regular email or call with the client, relaying what the attorney learned on the joint defense call or in court.