	Lex Mundi Global Attorney-Client Privilege Guide
	Puerto Rico
	(Latin America/Caribbean) Firm McConnell Valdés LLC Contributors Patricia George-Iguina Updated 01 Sep 2021
Is the ACP recognized in your jurisdiction?	Yes, the ACP is recognized in Puerto Rico.
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...	Not applicable.
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?	No. A distinction is not made in applying the ACP or professional confidentiality rules in civil and criminal proceedings. Yes, government authorities may require disclosure of attorney-client communications and legal work products when legal services were obtained to allow or help any person to commit or plan criminal acts or fraud.
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.)	Puerto Rico adopted the subject matter test in Pagán Cartagena v. First Hospital Panamericano, 189 P.R. Dec. 509 (2013).
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?	No. In-house counsel is not expected to meet a higher burden than outside counsel in order to establish the application of privilege to in-house counsel's communications.
Civil Law Jurisdictions: May in-house counsel assert privilege or professional confidentiality?	Yes, in-house counsel may assert privilege or professional confidentiality.
Civil Law Jurisdictions: Is in-house counsel allowed to be active members of your jurisdiction’s bar?	Yes, in-house counsel is allowed to be active members of Puerto Rico's bar.
Is the common interest doctrine recognized in your jurisdiction?	Yes, the common interest doctrine is recognized in Puerto Rico.
How is the doctrine articulated in your jurisdiction?	Confidential communications under the ACP are protected to the extent they are based on the trust that they will not be disclosed to third parties, except to those that are necessary to cause the purposes of the communication.
Must a common interest agreement be in writing?	No. A common interest agreement is not required to be in writing.
Is litigation funding permitted in your jurisdiction? Are there any professional rules in this respect?	Litigation funding has not been addressed by the Puerto Rican courts.
Have the courts in your jurisdiction addressed whether communications with litigation funders may be protected by the ACP or the work-product protection	No, the courts in Puerto Rico have not addressed whether communications with litigation funders may be protected by the ACP or the work-product protection.
Is the crime-fraud exception recognized in your jurisdiction?	Yes, the crime-fraud exception is recognized in Puerto Rico.
What statutes or key court decisions articulate the crime-fraud exception in your jurisdiction?	Rule 503(c)(1) of the Puerto Rico Rules of Evidence.
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)?)	Yes. Rule 505 (2).
What are the elements of the protection in your jurisdiction?	It is the protection afforded to information that is the product of the work of a party or the person that is an attorney, consultant, bond company, insurer or agent of such party, prepared or obtained in anticipation of, or as part of an investigation or civil, administrative or criminal proceeding.
Does your jurisdiction recognize an accountant-client privilege?	Yes, Puerto Rico recognizes an accountant-client privilege.
Does your jurisdiction recognize a mediation privilege?	Yes, Puerto Rico recognizes a mediation privilege.
Does your jurisdiction recognize a settlement negotiation privilege?	Yes, Puerto Rico recognizes a settlement negotiation privilege.

Lex Mundi Global Attorney-Client Privilege Guide

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Is the ACP recognized in your jurisdiction?

Yes, the ACP is recognized in Puerto Rico.

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...

Not applicable.

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?

No. A distinction is not made in applying the ACP or professional confidentiality rules in civil and criminal proceedings. Yes, government authorities may require disclosure of attorney-client communications and legal work products when legal services were obtained to allow or help any person to commit or plan criminal acts or fraud.

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.)

Puerto Rico adopted the subject matter test in Pagán Cartagena v. First Hospital Panamericano, 189 P.R. Dec. 509 (2013).

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?

No. In-house counsel is not expected to meet a higher burden than outside counsel in order to establish the application of privilege to in-house counsel's communications.

Civil Law Jurisdictions: May in-house counsel assert privilege or professional confidentiality?

Yes, in-house counsel may assert privilege or professional confidentiality.

Civil Law Jurisdictions: Is in-house counsel allowed to be active members of your jurisdiction’s bar?

Yes, in-house counsel is allowed to be active members of Puerto Rico's bar.

Is the common interest doctrine recognized in your jurisdiction?

Yes, the common interest doctrine is recognized in Puerto Rico.

How is the doctrine articulated in your jurisdiction?

Confidential communications under the ACP are protected to the extent they are based on the trust that they will not be disclosed to third parties, except to those that are necessary to cause the purposes of the communication.

Must a common interest agreement be in writing?

No. A common interest agreement is not required to be in writing.

Is litigation funding permitted in your jurisdiction? Are there any professional rules in this respect?

Litigation funding has not been addressed by the Puerto Rican courts.

Have the courts in your jurisdiction addressed whether communications with litigation funders may be protected by the ACP or the work-product protection

No, the courts in Puerto Rico have not addressed whether communications with litigation funders may be protected by the ACP or the work-product protection.

Is the crime-fraud exception recognized in your jurisdiction?

Yes, the crime-fraud exception is recognized in Puerto Rico.

What statutes or key court decisions articulate the crime-fraud exception in your jurisdiction?

Rule 503(c)(1) of the Puerto Rico Rules of Evidence.

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)?)

Yes. Rule 505 (2).

What are the elements of the protection in your jurisdiction?

It is the protection afforded to information that is the product of the work of a party or the person that is an attorney, consultant, bond company, insurer or agent of such party, prepared or obtained in anticipation of, or as part of an investigation or civil, administrative or criminal proceeding.

Does your jurisdiction recognize an accountant-client privilege?

Yes, Puerto Rico recognizes an accountant-client privilege.

Does your jurisdiction recognize a mediation privilege?

Yes, Puerto Rico recognizes a mediation privilege.

Does your jurisdiction recognize a settlement negotiation privilege?

Yes, Puerto Rico recognizes a settlement negotiation privilege.

Lex Mundi Global Attorney-Client Privilege Guide

Puerto Rico

Lex Mundi Global Attorney-Client Privilege Guide

Puerto Rico

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