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  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  to Rule 3.8 shall now read as follows:
 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
December 2, 2005