[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR114.111]

[Page 179-180]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 114_ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND 
 
      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 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

[[Page 180]]

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.