Q: |
I have a client that needs legal advice, and I have experience navigating their legal issue, can I help them? |
A: |
SCORE mentors may help the client to define the legal issue and instruct them on how to communicate clearly with legal counsel, which is considered to be the scope of their role as a SCORE mentor.
However, SCORE mentors should not engage in the practice of law. Assisting a client in solving a legal issue or drawing up legal documents, etc. constitutes practicing law and would therefore be out of the scope of the advice that a SCORE mentor may provide. |
Q: |
Can I help prepare my SCORE client to engage an attorney? |
A: |
Yes, in cases where a client asks for legal advice, a mentor may prepare the client for an interview with an attorney. The mentor may also refer the client to a different SCORE partner or mentor that has experience preparing clients for interviews with an attorney.
If the client needs an attorney, suggest the client contact the nearest Bar Association for their internal referral services. Most city or state Bar Associations have such services either free or at a minimal cost. If there is a local law school, they may have a program for law students to provide free or low-cost services under the supervision of a professor. The program helps law students get practical experience. |
Q: |
Can I refer my client to a specific attorney? |
A: |
A volunteer must provide at least three different references/options to the client in accordance with SCORE's Code of Ethics. If three sources are unavailable, please refer a general source such as city or state Bar Associations. The list of options should not include a firm from which the mentor may profit personally, even indirectly.
Note: A chapter or district may establish a "pool" or group of local pro-bono legal advisers to direct SCORE clients to for pro-bono legal assistance. In those cases, the local field leaders should work closely with the SCORE Field Operations team to create a waiver for SCORE client participants. |
Q: |
Should SCORE volunteers avoid other professional-client privilege relationships, such as CPA-client privilege? |
A: |
Similar to attorney-client privilege, SCORE volunteer CPA’s should not advise SCORE clients in such a way that would establish a CPA-client privilege. As industry professionals, CPAs they should know what crosses the CPA-client privilege line. However, CPA-client privilege is much smaller in scope than attorney-client privilege, therefore the volunteer has more leeway in the advice (e.g. tax advice) that they can provide to a client. In no case should a volunteer continue to mentor a client that is conducting business that is illegal under Federal, state, or local law. |
Q: |
A client has disclosed that they are operating their business in an illegal manner. What is my responsibility as a SCORE mentor? |
A: |
In no case should a volunteer continue to mentor a client that is conducting illegal business. In such cases, a volunteer should instruct the client to correct and reconcile the illegal behavior before they engage in further mentoring activities. If the behavior remains uncorrected, the client must be dropped. |
Q: |
A client requested that I sign a Non-Disclosure Agreement (NDA), can I sign it? |
A: |
No, SCORE volunteers cannot sign any client’s confidentiality agreements or any Non-Disclosure Agreements (NDA). In lieu of executing NDAs, a volunteer should describe (and show) the SCORE Code of Ethics and our relationship with the Federal Government/SBA as proof of confidential service. |
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