Define: Per Bouche

Per Bouche is a legal term that refers to a person’s right to privacy and confidentiality in their communications, particularly in the context of attorney-client privilege.

Attorney-client privilege is a legal principle that protects the confidentiality of communications between an attorney and their client. It ensures that these communications cannot be disclosed without the client’s consent, even in a court of law.

Per Bouche is a Latin phrase that translates to “by the mouth.” It signifies that attorney-client privilege extends to oral communications between an attorney and their client, not just written or documented exchanges.

Yes, attorney-client privilege can be waived by the client. If the client voluntarily discloses the content of their communications with their attorney to a third party, the privilege may be waived, and the information can potentially be used against them in legal proceedings.

Yes, there are certain exceptions to attorney-client privilege. For example, if a client seeks legal advice to commit a crime or fraud, the privilege may not apply. Additionally, if the attorney reasonably believes that the client intends to harm themselves or others, they may have a duty to disclose the information.

Yes, Per Bouche applies to all attorneys, regardless of their area of practice. Whether it is a criminal defence attorney, a corporate lawyer, or any other legal professional, the principle of attorney-client privilege and the protection of Per Bouche apply universally.

No, attorney-client privilege only applies to communications between an attorney and their client. If a third party, such as a family member or friend, is present during the communication, the privilege may not extend to them.

No, attorney-client privilege cannot be used to protect or conceal illegal activities. If an attorney becomes aware that their client is involved in criminal conduct, they may have an obligation to report it to the appropriate authorities.

Yes, attorney-client privilege can still be invoked after the client’s death. The privilege survives the client and can be claimed by their estate or designated representatives.

Yes, in certain circumstances, a court can issue an order that overrides attorney-client privilege. This typically occurs when there is a compelling public interest or when the information sought is crucial to a fair trial. However, courts generally strive to protect the privilege and only order disclosure when absolutely necessary.