[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1261.317]



[Page 340-341]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents

 

  Subpart 1261.3_Claims Against NASA or Its Employees for Damage to or 

   Loss of Property or Personal Injury or Death_Accruing On or After 

                            January 18, 1967

 

Sec. 1261.317  Attorney-client privilege.



    (a) Attorneys employed by the National Aeronautics and Space 

Administration participate in the process utilized for the purpose of 

determining whether the agency should request the Department of Justice 

to provide representation to a present or former agency employee sued, 

subpoenaed, or charged in his/her individual capacity,



[[Page 341]]



and attorneys employed by the National Aeronautics and Space 

Administration provide assistance in obtaining representation of such an 

agency employee. In these roles, agency attorneys undertake a full and 

traditional attorney-client relationship with the employee with respect 

to application of the attorney-client privilege. If representation is 

authorized, National Aeronautics and Space Administration attorneys who 

assist in the representation of a present or former employee also 

undertake a full and traditional attorney-client relationship with that 

employee with respect to the attorney-client privilege.

    (b) Any adverse information communicated by the client-employee to 

an agency attorney during the course of such attorney-client 

relationship shall not be disclosed to anyone, either inside or outside 

the National Aeronautics and Space Administration, other than attorneys 

resonsible for representation of the employee, unless such disclosure is 

authorized by the employee. Such adverse information shall continue to 

be fully protected whether or not representation is provided and even 

though representation may be denied or discontinued.



[53 FR 27483, July 21, 1988]