I respectfully dissent, and would require the AGO to return trial counsel’s file, and would disqualify the AGO attorneys who viewed that file.
Under our post-conviction relief (PCR) statutes, subject to a limited number of exceptions not applicable here, an applicant must file an application within a one year statute of limitations or be barred from pursuing this form of collateral relief. S.C.Code Ann. §§ 17-27-40 through 50 (2003). The overwhelming majority of these initial applications, including the one at issue here, are filed by the inmate pro se. To hold, as does the majority, that the claims made in this uncounseled document determine, forever, the scope of the applicant’s waiver of his attorney-client privilege is unsupported by the language of the statute.
The majority’s opinion rests on its interpretation of § 17-27-130, entitled “Waiver of attorney-client privilege by allegation of ineffective prior counsel, access to files.” In its entirety, this statute provides:
Where a defendant alleges ineffective assistance of prior trial counsel or appellate counsel as a ground for post-conviction relief or collateral relief under any procedure, the applicant shall be deemed to have waived the attorney-client privilege with respect to both oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant, to the extent necessary for prior counsel to respond to the allegation. This waiver of the attorney-client privilege shall be deemed automatic upon the filing of the allegation alleging ineffective assistance of prior counsel and the court need not *547enter an order waiving the privilege. Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State for purposes of defending against the allegations of ineffectiveness, to the extent necessary for prior counsel to respond to the allegation.
In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant’s prior trial counsel or appellate counsel shall make available to the capital defendant’s collateral counsel the complete files of the defendant’s trial or appellate counsel. The capital defendant’s collateral counsel may inspect and photocopy the files, but the defendant’s prior trial or appellate counsel shall maintain custody of their respective files, except as to the material which is admitted into evidence in any trial proceeding.
Reading the first paragraph of the statute, it is my opinion that the automatic waiver of the privilege does not extend to the entire file, but is instead limited to: “oral and written communications between counsel and the defendant, and between retained or appointed experts and the defendant,3 to the extent necessary for prior counsel to respond to the allegation .... Thereafter, counsel alleged to have been ineffective is free to discuss and disclose any aspect of the representation with representatives of the State ... to the extent necessary for prior counsel to respond to the allegation.” It is noteworthy that while this paragraph makes no mention of counsel’s file, but instead explicitly limits the permissible scope of counsel’s disclosures to AGO attorneys, it is upon this paragraph of the statute alone that the majority rests its holding.
The second paragraph of the statute does directly reference the attorney’s file, and is specifically directed to capital cases such as this. This paragraph requires that the capital defendant’s trial and/or appellate attorneys make files available to the defendant’s PCR counsel who may inspect and copy the contents but explicitly requires that the original attorneys otherwise retain custody of their files. To hold, as does the majority, that under this statute these attorneys are free to turn over their entire files to the AGO is puzzling in light of *548the statute’s clear directive that the files are to remain in the custody of the original attorney, and be made available only to the applicant’s attorney. I would not foreclose the possibility that an attorney charged with rendering ineffective assistance may need to rely upon an item in her file as part of her defense, but that is a far cry from copying the entire file and turning it over to the AGO.
When the Court abolished the doctrine of in favorem vitae, it did so in large part in reliance upon the legislature’s adoption of the Uniform Post Conviction Relief Act. State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991). The decision today to hold that this pro se capital defendant has made a wholesale waiver of his attorney-client privilege undermines one of the fundamental tenets upon which the abolition of the ancient doctrine rested, that is, that PCR “safeguards the [capital defendant] and renderfs] the protection afforded by in favorem vitae surplusage.” Id. at 61, 406 S.E.2d at 324.
I would reverse the circuit court’s order, require that the file be returned to trial counsel, and would disqualify any member of the AGO’s staff who has viewed this file or any of its contents. I respectfully dissent.
. Note the statutory waiver does not extend to communications between the experts and the defendant’s attorney.