South Carolina Sample Letter to Party Opposite regarding Notice of Representation
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How to fill out Sample Letter To Party Opposite Regarding Notice Of Representation?
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FAQ
(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.
[Name and Address of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER]. I urge you to promptly retain other counsel to represent you in this matter.
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
An attorney letter of representation usually contains the following: your attorney's name and contact information (or the name of the law office/law firm representing you), the reason for legal representation (for example, personal injury, malpractice, divorce), a brief summary of the facts of your case,
Rule 1.6, RPC, Rule 407, SCACR. This Rule provides: (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
SC Judicial Branch. In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
For example, a party who is represented by counsel may not communicate directly to the Judge or opposing counsel. The party's attorney is responsible for communications with opposing counsel and the Judge, to avoid potential problems. Attorneys can also directly communicate with each other on behalf of their clients.
engagement letter informs prospective clients that the attorney will not be representing them. Lawyers prepare this type of correspondence to clarify and document the status of the relationship.
