This Joint Prosecution and Confidentiality Agreement is made and entered into by and between the Undersigned Trial School Member and the Trial School, Inc. (“Trial School”), acting on behalf of the other Trial School Members who represent plaintiffs in personal injury and wrongful death actions. The Undersigned Member, the Trial School, and all Trial School Members desire to collaborate in the development and perfection of effective trial advocacy methods to better serve their respective clients and better prepare and try their clients’ cases to verdict.
This Agreement memorializes the Trial School’s purpose and the obligations of each Member. Signing onto this Agreement is a requirement for Membership of the Trial School. Because the core purpose of the Trial School requires that Members share confidential and privileged information with one another, the Undersigned Member recognizes that violations of this Agreement shall be deemed a violation of the applicable attorney ethics codes, including those pertaining to the protection of confidential and privileged information.
WHEREAS, the Trial School was organized and operates for the sole purpose of providing training, instruction, and support to its Members handling similar claims in a context in which Members may develop and share work product information without compromising the entitlement to work product protection and other applicable privileges and protections; and
WHEREAS, the Undersigned Member, like all other Trial School Members, represents civil plaintiffs in personal injury and wrongful death actions; and
WHEREAS, the Trial School Members’ cases involve many of the same or similar issues as to trial preparation, presentation, technique, tactics, and strategy; and
WHEREAS, the Trial School Members must be able to engage in practice sessions and focus groups with other Trial School Members to best hone advocacy skills and apply those skills to their actual cases; and
WHEREAS, the Trial School Members’ cases involve overlapping legal, factual, and practical issues which shape and govern how the Members can effectively advocate on behalf of their similarly situated clients at trial; and
WHEREAS, the Trial School Members are confronted with the same or similar arguments, techniques, and strategies from the Civil Defense Bar, including from organizations like the Defense Research Institute, and effectively addressing those arguments, techniques, and strategies is best served through effective cooperation and the sharing of ideas, strategies, tactics, and work product by the Trial School Members; and
WHEREAS, the Undersigned Member and all other Trial School Members have a compelling need to obtain access to a collaborative mechanism to fairly and effectively prepare their clients’ claims for trial and to achieve just resolutions of their clients’ claims through trial,
NOW, in consideration of the mutual promises, undertakings, and obligations provided for herein, the Undersigned Member, the Trial School, and all Trial School Members represent and agree as follows: