	Lex Mundi Global Attorney-Client Privilege Guide
	Bolivia
	(Latin America/Caribbean) Firm C.R. & F. Rojas - Abogados Contributors Manfredo Kempff Updated 20 Feb 2020
Is the ACP recognized in your jurisdiction?	Yes
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...	N/A
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?	The authorities can require disclosure of attorney-client communications and legal work product through a court order.
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 client is always the one who shares his confidential information with the lawyer
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, responsibility is the same
Civil Law Jurisdictions: May in-house counsel assert privilege or professional confidentiality?	Yes, all sensitive information given by the client is subject to confidentiality.
Civil Law Jurisdictions: Is in-house counsel allowed to be active members of your jurisdiction’s bar?	Yes
Is the common interest doctrine recognized in your jurisdiction?	No
How is the doctrine articulated in your jurisdiction?	N/A
Must a common interest agreement be in writing?	N/A
Is litigation funding permitted in your jurisdiction? Are there any professional rules in this respect?	There is no express legislation on this subject.
Have the courts in your jurisdiction addressed whether communications with litigation funders may be protected by the ACP or the work-product protection	N/A
Is the crime-fraud exception recognized in your jurisdiction?	It is recognized indirectly, an authority at any time can order through a court order the exhibition of all the information that it considers pertinent for the investigation of a case.
What statutes or key court decisions articulate the crime-fraud exception in your jurisdiction?	N/A
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)?)	No
What are the elements of the protection in your jurisdiction?	N/A
Does your jurisdiction recognize an accountant-client privilege?	Yes, all information is confidential
Does your jurisdiction recognize a mediation privilege?	Yes, all information is confidential
Does your jurisdiction recognize a settlement negotiation privilege?	Yes, all information is confidential

Lex Mundi Global Attorney-Client Privilege Guide

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Is the ACP recognized in your jurisdiction?

Yes

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...

N/A

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?

The authorities can require disclosure of attorney-client communications and legal work product through a court order.

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 client is always the one who shares his confidential information with the lawyer

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, responsibility is the same

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

Yes, all sensitive information given by the client is subject to confidentiality.

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

Yes

Is the common interest doctrine recognized in your jurisdiction?

How is the doctrine articulated in your jurisdiction?

N/A

Must a common interest agreement be in writing?

N/A

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

There is no express legislation on this subject.

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

N/A

Is the crime-fraud exception recognized in your jurisdiction?

It is recognized indirectly, an authority at any time can order through a court order the exhibition of all the information that it considers pertinent for the investigation of a case.

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

N/A

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)?)

What are the elements of the protection in your jurisdiction?

N/A

Does your jurisdiction recognize an accountant-client privilege?

Yes, all information is confidential

Does your jurisdiction recognize a mediation privilege?

Yes, all information is confidential

Does your jurisdiction recognize a settlement negotiation privilege?

Yes, all information is confidential

Lex Mundi Global Attorney-Client Privilege Guide

Bolivia

Lex Mundi Global Attorney-Client Privilege Guide

Bolivia

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