03 - Scope of privilege
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03 - Scope of privilege Start Comparison
Is attorney-client communication only privileged as long as it remains in the lawyer's possession, or is a copy held by the client also protected?

Attorney-client privilege understood as professional secrecy (since privilege is not provided for in Peruvian legislation) can be invoked to avoid the disclosure of information that a lawyer obtained from a client in any form. It also may be invoked by the lawyer before a governmental authority or third party that requires the disclosure of information obtained from the client.

Therefore, professional secrecy extends only to documents or information that remain in the possession and control of the lawyer, not to documents or information that are held by the client. Peruvian laws consider professional secrecy as a mechanism to ensure client confidence in the lawyer, not vice versa. Indeed, according to Peruvian law, the application of professional secrecy recognizes (i) the protection of the confidential information granted by the client to the lawyer, together with (ii) the protection of the lawyer themselves, in order to avoid any circumstance in which the state or another private individual intends to violate the confidentiality, disseminating the information. In this sense, the protection granted to lawyers implies a special duty for the Peruvian state to preserve its compliance and develop adequate legislation, since there are certain professions that are closely related to the promotion of fundamental rights, such as freedom of expression within journalism and the right of defense within the legal profession.

In fields other than judicial litigation, the protection is broader. For example, in arbitration, the Peruvian Arbitration Act recognizes the application of international parameters for attorney-client privilege, which should protect not only information that remains in the lawyer's possession, but also a copy held by the client.

Are in-house lawyers treated in the same way as external lawyers for determining privilege?

The rules concerning attorney-client privilege do not distinguish between in-house lawyers and external lawyers and apply to both.

Does privilege extend to internal communications between in-house lawyers?

Yes, provided the communications concern information obtained because of the relationship between the lawyer and their client. Professional secrecy and attorney-client privilege do not distinguish between in-house lawyers and external lawyers. Therefore, they should apply to both external and in-house lawyers.

Are foreign lawyers recognized for the purposes of privilege?

Since professional secrecy is a constitutional right and does not distinguish between foreign and national lawyers, it would also apply to foreign lawyers.

Does privilege extend to nonlegal professionals who may from time to time advise on legal issues relating to their field, e.g., accountants or tax consultants advising on tax law?

Attorney-client privilege only extends to a legal professional who represents the interests of a client (as well as to the lawyer's office, association or firm, including the personnel that work there). If the lawyer requires the advice of a nonlegal professional, with the consent of their client, the lawyer must take the necessary steps to protect such confidential information. So, if said nonlegal professionals receive confidential information, they would also be subject to professional secrecy under the Peruvian constitution and their own profession's rules of conduct.