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South Carolina
JUDICIAL DEPARTMENT
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2005-12-02-01
The Supreme Court of South Carolina

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.

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

Columbia, South Carolina
December 2, 2005