Legal privilege and professional secrecy—Argentina—Q&A guide
Legal privilege and professional secrecy—Argentina—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Legal privilege and professional secrecy—Argentina—Q&A guide
  • 1. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that protect communications between an attorney and a client from disclosure.
  • 2. Describe any relevant differences in your jurisdiction between the status of private practitioners and in-house counsel, in terms of protections for attorney-client communications.
  • 3. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that provide protection from disclosure of tangible material created in anticipation of litigation.
  • 4. Identify and summarise recent landmark decisions involving attorney-client communications and work-product.
  • 5. Describe the elements necessary to confer protection over attorney-client communications.
  • 6. Describe any settings in which the protections for attorney-client communications are not recognised.
  • 7. In your jurisdiction, do the protections for attorney-client communications belong to the client, or is secrecy a duty incumbent on the attorney?
  • 8. To what extent are the facts communicated between an attorney and a client protected, as opposed to the attorney-client communication itself?
  • 9. In what circumstances do communications with agents of the attorney or agents of the client fall within the scope of the protections for attorney-client communications?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to legal privilege and professional secrecy in Argentina published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Estudio Beccar Varela—Maximiliano D’Auro

1. Identify and describe your jurisdiction’s laws, regulations, professional rules and doctrines that protect communications between an attorney and a client from disclosure.

In Argentina, communications between an attorney and a client are protected from disclosure through several regulations.

Legal privilege is linked to constitutional rights. According to section 18 of the National Constitution:

[n]obody may be compelled to testify against himself . . . The defense by trial of persons and rights may not be violated. The domicile may not be violated, as well as the written correspondence and private papers; and a law shall determine in which cases and for what reasons their search and occupation shall be allowed . . . .

Legal privilege is also protected by section 19 of the National Constitution, which sets forth the right to privacy.

At a national level, should a lawyer disclose confidential information regarding a client, he or she could fall under section 156 of the Argentine Criminal Code (ACC). This section sets forth a penalty for the person who reveals, without just cause, any secret information whose disclosure could cause damage if this information was known to him or her

Popular documents