The Supreme Court of South Carolina
In re: Comment 4 to Rule 3.8 of the Rules of
Professional Conduct, Rule 407, SCACR.
O R D E R
Pursuant to Article V, 4, of the South Carolina Constitution, we amend Comment [4] to Rule 3.8 of the Rules of Professional Conduct, Rule 407, SCACR, by deleting the final sentence of the comment which states a prosecutor is required to obtain court approval for the issuance of lawyer subpoenas in grand jury and other criminal proceedings after an opportunity for an adversarial hearing is afforded.
Comment [4] to Rule 3.8 shall now read as follows:
[4] Paragraph (e) is intended to limit the issuance of lawyer subpoenas in grand jury and other criminal proceedings to those situations in which there is a genuine need to intrude into the client-lawyer relationship.
This amendment shall become effective immediately.
IT IS SO ORDERED.
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s/Jean H. Toal
C.J.
s/James E. Moore J. s/E. C. Burnett, III J. s/Costa M. Pleicones J. Waller, J., not participating
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December 2, 2005