Lex Mundi Global Attorney-Client Privilege Guide |
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Dominican Republic |
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(Latin America/Caribbean)
Firm
Pellerano & Herrera
Contributors
Yolemny Cruz |
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| Is the ACP recognized in your jurisdiction? | Presidential Decree 1290 that establishes the Code of Ethics of the Bar Association of the Dominican Republic, establishes as a duty of lawyers to keep confidential all information that is likely to violate professional secrecy. |
| If the ACP is not recognized in your jurisdiction, are there rules of professional confidentiality or other rules that would enable a lawyer or a client to withhold attorney-client communications or work product prepared by counsel from disclosure... | In the Dominican Republic, the ACP is recognized. |
| Is a distinction made in applying the ACP or professional confidentiality rules in civil and criminal proceedings? May government authorities require disclosure of attorney-client communications and legal work product? | Our legal system makes no distinction. The duty of confidentiality applies under equal conditions to any matter. A judge must refrain from receiving confidential information that violates this rule. The attorney has the right to refuse to testify against his client and may refrain from answering any question that involves the disclosure of the secret or the violation of the confidences made by his client. Nor may the Lawyer communicate to third parties what comes to his knowledge due to his profession. It is included within the professional secrecy, everything that a Lawyer deals with the Lawyer representing the counterparty. |
| In the corporate context, what test is applied to determine who within a corporation is considered the client for the purposes of the ACP? (e.g., in the U.S.: the Upjohn approach, control group test, etc.) | The attorney-client privilege protects lawyers' communications with any level of corporate client employee. |
| Is in-house counsel expected to meet a higher burden than outside counsel in order to establish that privilege applies to in-house counsel’s communications? | According to our local norms, there is no distinction for the application of the ACP with respect to the in-house counsel and the outside counsel. Therefore, the strict confidentiality rule applies on equal terms for both. |
| Civil Law Jurisdictions: May in-house counsel assert privilege or professional confidentiality? | Yes. |
| Civil Law Jurisdictions: Is in-house counsel allowed to be active members of your jurisdiction’s bar? | Yes, indeed. In-house counsels only need to be authorized by a presidential exequatur and affiliated to the Dominican Bar. |
| Is the common interest doctrine recognized in your jurisdiction? | No, in the Dominican Republic we do not have rules allowing disclosure to a third party with common legal interests. |
| How is the doctrine articulated in your jurisdiction? | Not applicable. |
| Must a common interest agreement be in writing? | Not applicable. |
| Is litigation funding permitted in your jurisdiction? Are there any professional rules in this respect? | Yes. Dominican laws do not prohibit the practice of litigation funding. This agreement would be subject to the terms of a civil contract. The confidentiality rules apply under equal conditions. |
| Have the courts in your jurisdiction addressed whether communications with litigation funders may be protected by the ACP or the work-product protection | The confidentiality rules apply under equal conditions. |
| Is the crime-fraud exception recognized in your jurisdiction? | No. The confidentiality rules apply under equal conditions. |
| What statutes or key court decisions articulate the crime-fraud exception in your jurisdiction? | The obligation of secrecy yields to the needs of the personal defense of the legal professional when he is the object of persecution by his client. The attorney can then reveal what is essential for his defense and display, for the same purpose, the documents that have been entrusted to the attorney. |
| Is there a statute or rule that protects information obtained or prepared in anticipation of litigation from disclosure in legal proceedings? (In the U.S.: What state rule is your jurisdiction’s analog to FRCP 26(b)(3)?) | Everything that a lawyer prepares or has had access to during his representation is included within professional secrecy. The duty of confidentiality increased even after your representation ended. |
| What are the elements of the protection in your jurisdiction? | Not answered. |
| Does your jurisdiction recognize an accountant-client privilege? | Yes |
| Does your jurisdiction recognize a mediation privilege? | Yes |
| Does your jurisdiction recognize a settlement negotiation privilege? | Yes |
Lex Mundi Global Attorney-Client Privilege Guide
Dominican Republic
(Latin America/Caribbean) Firm Pellerano & HerreraContributors Yolemny Cruz
Updated 13 Sep 2021Presidential Decree 1290 that establishes the Code of Ethics of the Bar Association of the Dominican Republic, establishes as a duty of lawyers to keep confidential all information that is likely to violate professional secrecy.
In the Dominican Republic, the ACP is recognized.
Our legal system makes no distinction. The duty of confidentiality applies under equal conditions to any matter. A judge must refrain from receiving confidential information that violates this rule. The attorney has the right to refuse to testify against his client and may refrain from answering any question that involves the disclosure of the secret or the violation of the confidences made by his client. Nor may the Lawyer communicate to third parties what comes to his knowledge due to his profession. It is included within the professional secrecy, everything that a Lawyer deals with the Lawyer representing the counterparty.
The attorney-client privilege protects lawyers' communications with any level of corporate client employee.
According to our local norms, there is no distinction for the application of the ACP with respect to the in-house counsel and the outside counsel. Therefore, the strict confidentiality rule applies on equal terms for both.
Yes.
Yes, indeed. In-house counsels only need to be authorized by a presidential exequatur and affiliated to the Dominican Bar.
No, in the Dominican Republic we do not have rules allowing disclosure to a third party with common legal interests.
Not applicable.
Not applicable.
Yes. Dominican laws do not prohibit the practice of litigation funding. This agreement would be subject to the terms of a civil contract. The confidentiality rules apply under equal conditions.
The confidentiality rules apply under equal conditions.
No. The confidentiality rules apply under equal conditions.
The obligation of secrecy yields to the needs of the personal defense of the legal professional when he is the object of persecution by his client. The attorney can then reveal what is essential for his defense and display, for the same purpose, the documents that have been entrusted to the attorney.
Everything that a lawyer prepares or has had access to during his representation is included within professional secrecy. The duty of confidentiality increased even after your representation ended.
Not answered.
Yes
Yes
Yes