Common Interest Agreements, abbreviated as CIAs, are agreements entered into by parties that share a common legal interest and wish to communicate confidentially without losing the protection of attorney-client privilege or work product doctrine. These agreements are common in the legal industry and are meant to facilitate effective communication between parties while protecting their shared interests.

However, the question that arises is whether Common Interest Agreements are discoverable in litigation. This is an important question to consider as it has implications for the confidentiality of communication between parties who have a shared legal interest.

Discoverability refers to the extent to which evidence or information can be obtained through the legal process of discovery. In the context of litigation, discovery is the process by which opposing parties obtain evidence from each other in preparation for trial. The discovery process can involve the production of documents, the answering of written questions, and the giving of depositions.

In general, the answer to the question of whether Common Interest Agreements are discoverable is that it depends on the jurisdiction in which the litigation is taking place. Different jurisdictions have different rules regarding the discoverability of CIAs.

Some jurisdictions have held that CIAs are discoverable if they are relevant to the claims or defenses in the case and not protected by privilege. Other jurisdictions have held that CIAs are not discoverable, regardless of their relevance, because they are protected by the attorney-client privilege or work product doctrine.

In addition, courts have developed different standards for determining whether a CIA is protected by privilege. Some courts have applied a narrow standard that requires the parties to have identical legal interests, while others have applied a broader standard that allows for the parties to have merely similar legal interests.

It is important for parties to understand the rules regarding the discoverability of CIAs in their jurisdiction. If the agreement is not protected by privilege, it may be discoverable and subject to production in litigation. If the agreement is protected, parties may still need to be prepared to defend their use of the CIA and demonstrate that it was entered into for a legitimate legal purpose.

In conclusion, Common Interest Agreements can be discoverable in litigation depending on the jurisdiction and the specific circumstances of the case. Parties should be aware of the rules regarding the discoverability of CIAs in their jurisdiction and be prepared to defend their use of the agreement if it is challenged. As a professional, I recommend that parties seek the advice of a qualified attorney to ensure that they are fully informed about the rules and implications of CIAs in the context of litigation.