NCJ Number
117369
Date Published
1989
Length
7 pages
Annotation
This article identifies the advantages of and tactics for defending a multi-party civil conspiracy case.
Abstract
At least three considerations common to most conspiracy suits favor cooperation. First, the shared knowledge of the codefendants produces more information through correspondence, memorandums, computer runs, and invoices. Second, codefendants can often make better use of nonparty witnesses, who may be friendly with some of the defendants but hostile or indifferent to others. Third, the codefendants may benefit from their collective memory and their broader view of the litigation. A formal way to ensure cooperation among codefendants is through negotiation of a sharing agreement. A sharing agreement is any arrangement among codefendants allocating their responsibilities. The most important purpose of the sharing agreement is to determine responsibility for an adverse judgment, including the responsibility of defendants who settle. If the defendants can agree on this at the outset, they have resolved the issue that is most likely to threaten their ability to work together. Defendants should consider establishing a central office, preferably near the courthouse. Before trial, this office provides a central document and deposition depository, a centralized computer, an office for specially retained joint staff, and a workspace for out-of-town counsel.