[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR114.111]

[Page 131-132]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 114--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES--Table of Contents
 
     Subpart B--Representation and Indemnification of SBA Employees
 
Sec. 114.111  Does the attorney-client privilege apply when SBA employees are represented by the Government?

    When attorneys employed by SBA participate in any process in which 
SBA seeks to determine whether SBA

[[Page 132]]

should request the Department of Justice to provide representation to an 
SBA employee sued, subpoenaed, or charged in his or her individual 
capacity, or whether attorneys employed by SBA should provide 
representational assistance for such an employee, those attorneys 
undertake a full and traditional attorney-client relationship with the 
employee with respect to the attorney-client privilege. If 
representation is authorized, SBA attorneys who assist in the 
representation of an SBA employee also undertake a full and traditional 
attorney-client relationship with the employee with respect to the 
attorney-client privilege. Unless authorized by the employee, the 
attorney must not disclose to anyone other than attorneys also 
responsible for the employee's representation information communicated 
to the attorney by the client-employee during the course of the 
attorney-client relationship. The attorney-client privilege will 
continue with respect to that information whether or not representation 
is provided, and even if the employee's representation is denied or 
discontinued.