Comment 4 to Rule 3.8 of the Rules of Professional Conduct

JEAN H. TOAL, C.J.

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.

James E. Moore J., E.C. Burnett, III, J., Costa M. Pleicones, J., Waller, J., not participating.