P.R. Laws Ap. tit. 32A, § IV, Rule 25

2019-02-20 00:00:00+00
Rule 25. Attorney-client relationship

(A) As used in this rule, the following terms shall have the meaning indicated below:

(1) Attorney. — A person authorized or reasonably believed by the client to be authorized to practice law. This includes such person and his partners, aids and office employees.

(2) Client. — A natural or artificial person who, directly or through an authorized representative, consults an attorney for the purpose of retaining the attorney or securing legal service or advice from him in his professional capacity. This includes an incompetent who himself so consults the attorney or whose guardian so consults the attorney in behalf of the incompetent.

(3) Confidential communication. — Information transmitted between a client and his attorney in the course of that relationship and in confidence by a means which discloses the information to no third persons other than those to whom disclosure is necessary for the accomplishment of the purposes for which it is transmitted.

(B) Subject to the provisions of this rule, the client, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and attorney. The privilege may be claimed not only by the holder of the privilege, that is, the client, but also by a person who is authorized to do so in behalf of the client or by the attorney who received the confidential communication if the privilege is claimed in the interest and behalf of the client.

(C) There is no privilege under this rule if:

(1) The services of the attorney were sought or obtained to enable or aid anyone to commit or plan to commit a crime, a tortious act or a fraud.

(2) The communication is relevant to an issue between the heirs of a deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.

(3) The communication is relevant to an issue or breach by the attorney of a duty arising out of the attorney-client relationship.

(4) The communication is relevant to an issue of a document drawn by the attorney in his capacity as notary public.

(5) The communication is relevant to a matter of common interest between two (2) or more clients of an attorney, in which event none of them may claim a privilege under this rule against another of such clients.

(D) Where two (2) or more clients retained or consulted an attorney on a matter of common interest, none of them may waive the attorney-client privilege without the other clients’ consent.