University of Michigan Journal of Law Reform Volume 42 2008 Eyes Wide Shut: How Ignorance of the Common Interest Doctrine Can Compromise Informed Consent Katharine Traylor Schaffzin University of North Dakota School of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Evidence Commons, Legal Profession Commons, and the Litigation Commons Recommended Citation Katharine T. Schaffzin, Eyes Wide Shut: How Ignorance of the Common Interest Doctrine Can Compromise Informed Consent, 42 U. MICH. J. L. REFORM 71 (2008). Available at: https://repository.law.umich.edu/mjlr/vol42/iss1/3 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. EYES WIDE SHUT: HOW IGNORANCE OF THE COMMON INTEREST DOCTRINE CAN COMPROMISE INFORMED CONSENT Katharine Traylor Schaffzin* I. INTRODUCTION Oscar Wilde said, "I can resist anything except temptation."' Many clients may agree. They may be tempted to jump into a common interest arrangement with strange bedfellows to gain the advantages that information-sharing provides. Attorneys, nonethe- less, must make sure that when they jump, their clients do so with both eyes open. The potential that the common interest doctrine may provide a client with advantages in current litigation renders it a very attrac- tive tool from a client's perspective. The common interest doctrine is an evidentiary mechanism permitting independent clients with a common legal interest to share attorney-client privileged informa- tion with each other without waiving that privilege.