Do You Need a Letter of Representation Before You Can Share Case Information With Me? – South Carolina

Short Answer

No. South Carolina law does not generally require a letter of representation before one attorney may share wrongful death case information with another attorney. However, the wrongful death firm should verify the requesting attorney’s role and obtain the current client’s informed consent before disclosing confidential information unless another recognized exception permits disclosure. A representation letter also does not replace the probate court documents establishing a personal representative’s authority.

Understanding the Problem

In South Carolina, can a wrongful death attorney share case status and claim information with an attorney helping open the deceased person’s estate, or must the receiving attorney first provide a letter confirming the representation? The answer depends on who the wrongful death firm represents, whether that client authorized the disclosure, and whether the probate court has appointed a personal representative.

Apply the Law

South Carolina does not impose a stand-alone letter-of-representation requirement for attorney-to-attorney communication. The controlling concerns are confidentiality, client consent, and legal authority. An attorney generally must protect information relating to the representation and may disclose it when the client gives informed consent, the disclosure is reasonably necessary to carry out the representation, or another applicable rule or law permits it.

A wrongful death claim must be brought by or in the name of the deceased person’s executor or administrator. A person does not obtain that authority merely by being a surviving spouse, potential beneficiary, or proposed estate representative. The appropriate South Carolina Probate Court must appoint the person, who must qualify and receive letters confirming the appointment. For more background, see the difference between wrongful death and estate survival claims in South Carolina.

Key Requirements

Verify the requesting attorney’s role: A letter or email may confirm that the attorney represents the surviving spouse, estate applicant, or appointed personal representative, but the communication should identify the actual client and the scope of the engagement.
Obtain authority to disclose: The wrongful death firm should obtain informed consent from its client before sharing confidential case information unless disclosure is otherwise authorized. Written consent provides a clear record of what the firm may disclose.
Confirm probate authority: If the requesting attorney claims to act for the estate, the firm should request the Probate Court’s letters or appointment order. A lawyer’s representation letter alone does not establish who has authority to control or settle the claim.
Limit the disclosure: The firm should share only information reasonably necessary for estate administration and claim coordination. Medical records, settlement communications, litigation strategy, and personal information require particular care.

What the Statutes Say

S.C. Code § 15-51-20 (Who Brings a Wrongful Death Action) – The executor or administrator must bring the wrongful death action for the statutory beneficiaries.
S.C. Code § 62-3-103 (Authority of a Personal Representative) – A person generally gains a personal representative’s powers only after court appointment, qualification, and issuance of letters.
S.C. Code § 15-51-42 (Settlement Authority and Approval) – Only a duly appointed personal representative may settle a wrongful death or survival action, subject to the required court approval process.
S.C. Code § 15-3-530(6) (Wrongful Death Filing Period) – A South Carolina wrongful death action generally must begin within three years after the death, although other laws may create shorter deadlines.

Analysis

Apply the Rule to the Facts: The wrongful death firm represents the surviving spouse, while another attorney is helping open the estate. The firm does not necessarily need a representation letter, but it should verify whom the other attorney represents and obtain the spouse’s informed consent before sharing confidential information. Once the Probate Court appoints a personal representative, the firm should review the letters of appointment because that person has the statutory authority to bring and settle the wrongful death claim.

The parties should also clarify whether the spouse will become the personal representative and whether the existing wrongful death engagement covers representation of that person in the representative capacity. Appointment does not automatically create an attorney-client relationship with the existing firm or authorize unrestricted disclosure of the firm’s entire file.

Process & Timing

Who files: The person seeking appointment as personal representative. Where: The South Carolina Probate Court in the proper county, usually the county where the deceased person lived. What: The required probate application or petition and supporting documents. When: Promptly enough to protect the wrongful death filing deadline.
Confirm disclosure authority: The wrongful death firm should obtain written authorization from its current client that identifies the receiving attorney and the categories of information the firm may share. The requesting attorney may also provide written confirmation of the representation, but that document does not replace client consent.
Verify appointment and coordinate: After appointment, the estate attorney should provide the court-issued letters. The firms can then confirm their respective roles, share necessary information securely, and coordinate filings without disclosing unrelated confidential material.

Exceptions & Pitfalls

Confusing a representation letter with client consent: A letter from the requesting attorney shows that the attorney claims to represent someone. It does not necessarily authorize the wrongful death firm’s client information to be released.
Assuming a beneficiary controls the claim: A surviving spouse may benefit from the claim, but the appointed executor or administrator must bring it. The spouse may hold both roles, but court appointment still matters.
Sharing information before verifying identity: The firm should confirm the requesting attorney’s identity, client, and secure delivery method before transmitting records.
Sending the entire file: Authorization to provide a status update does not necessarily permit disclosure of every document, communication, or item of attorney work product.
Waiting for probate to address the limitation period: Estate proceedings can take time. The parties should track the wrongful death deadline independently, including any shorter deadline that may apply to a governmental or other specially regulated defendant.
Overlooking conflicts: The interests of the surviving spouse, other beneficiaries, the estate, and the proposed personal representative may differ. Each firm should identify its client and address any conflict before exchanging substantive information.

Conclusion

South Carolina law does not require a letter of representation before attorneys may coordinate, but the wrongful death firm must protect confidential information and confirm the requesting attorney’s role. Court-issued letters—not an attorney’s representation letter—establish the personal representative’s authority to control and settle the claim. The practical next step is to obtain written client authorization, verify the probate appointment, and preserve the claim before the generally applicable three-year filing deadline.

Talk to a Wrongful Death Attorney

If a wrongful death claim requires coordination with an estate attorney, our firm has experienced attorneys who can help clarify client roles, disclosure authority, probate requirements, and filing timelines.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.