Title 3, ATTORNEYS AND COUNSELORS AT LAW

3-101. Persons entitled to admission. Any individual who is of the age of majority, of good moral character, and who possesses the necessary qualifications of learning and ability may, under such rules as the Supreme Court may prescribe, be admitted as an attorney and counselor i…

3-102. Oath. Every person, before receiving license to practice law, shall take the oath prescribed by law.

3-103. Roll of attorneys. The clerk of the Supreme Court must keep a roll of attorneys and counselors admitted to practice by the court, which roll must be signed by the person admitted before he receives a license.

3-104. Practicing without license a contempt — Exception. If any person shall practice law or hold himself out as qualified to practice law in this state without having been admitted to practice therein by the Supreme Court and without having paid all license fees now or hereafte…

3-201. Duties of attorneys. In addition to such duties as the Supreme Court may by rule prescribe, it is the duty of the attorney and counselor: 1. To support the constitution and laws of the United States and of this state. 2. To maintain the respect due to the courts of justice…

3-202. Authority of attorney. An attorney and counselor has authority: 1. To bind his client in any of the steps of an action or proceeding, by his agreement filed with the clerk, or entered upon the minutes of the court, and not otherwise. 2. To receive money claimed by his clie…

3-203. Change of attorney. The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows: 1. Upon his own consent, filed with the clerk, or entered upon the minutes. 2. Upon the order of the court or judge thereof, up…

3-204. Notice of change. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he must recognize the former…

3-205. Attorneys’ fees — Lien. The measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counte…

3-301. Grounds. An attorney and counselor may be removed, suspended, or reprimanded by the Supreme Court and by the district court for either of the following causes arising after his admission to practice: 1. His conviction of a felony or misdemeanor involving moral turpitude, i…

3-302. Conviction of crime — Transmission of record to Supreme Court. In case of the conviction of an attorney or counselor of a felony or misdemeanor involving moral turpitude, the clerk of the court in which a conviction is had, must, within thirty (30) days thereafter, transmi…

3-303. Proceedings. The proceedings to remove, suspend or reprimand an attorney and counselor shall be such as the Supreme Court may by rule prescribe.

3-401. Purpose of chapter. Recognizing that the practice of the legal profession is a privilege granted by the state and not a natural right of the individual, it is deemed necessary as a matter of business policy and in the interests of the public to provide laws and provisions …

3-402. Establishment of board — Members — Term of office — Election. In order to more effectively carry out the purposes and intents of this act, there is hereby established in the department of self-governing agencies a board of commissioners of the Idaho State Bar, consisting o…

3-403. Time and manner of election. The board of commissioners shall be elected by the members of the Idaho State Bar who are eligible to vote in the election and who shall vote by ballot. The candidate from any division receiving the greatest number of votes of that division sha…

3-404. Divisions of Idaho State Bar. For the purposes of this act, the northern division of the Idaho State Bar will consist of Boundary, Bonner, Kootenai, Benewah, Shoshone, Latah, Nez Perce, Lewis, Clearwater and Idaho counties and all counties hereafter created therefrom. The …

3-405. Member of the Idaho State Bar defined. All persons who have been heretofore, or shall hereafter be, duly admitted to practice law before the supreme court of this state, and who have not been disbarred or suspended therefrom, and who shall have paid the license fee in this…

3-406. Nominations to office of commissioner. Nomination to the office of commissioner shall be by the written petition of not less than five (5) or more than ten (10) members of the Idaho State Bar in good standing. Any number of candidates may be nominated on a single petition.…

3-407. Organization of the board. On the fourth Tuesday following the certification of their names the first commissioners shall meet at the office of the clerk of the Supreme Court and organize by the election of the following officers of the Idaho State Bar and its board of com…

3-408. Admission to practice and disbarment proceedings — Rules and bylaws — Power of board to adopt — Supervisory power of supreme court. The board of commissioners shall have power to determine, by rules, subject to the approval of the supreme court, the qualifications and requ…

3-409. License fees and appropriations. (1) Every person practicing, or holding himself out as practicing law within this state, or holding himself out to the public as a person qualified to practice or carry on the calling of a lawyer within this state, except state and United S…

3-410. Receipts and license — Issuance. The secretary of the board shall issue a receipt to each person paying said license fee and shall, if such person shall have theretofore been admitted to practice law in this state by the Supreme Court and not disbarred or then under suspen…

3-411. Disbursements — Power of board — Compensation and expenses. For the purpose of carrying out the objects of this chapter, and in the exercise of the powers therein granted and duties hereby imposed, the board shall have power to make orders concerning disbursements; no memb…

3-412. Disciplinary procedure — Adoption of rules — Supervisory power of Supreme Court. The board of commissioners shall establish rules, subject to the approval of the Supreme Court, governing procedure in cases and investigations involving alleged misconduct of members of the I…

3-413. Approval of rules by Supreme Court required. The rules and regulations made by the board shall, before becoming effective, be submitted to and approved by the Supreme Court of the state of Idaho.

3-414. Power of subpoena. In the investigation of charges of professional misconduct the board, and any committee appointed by it for this purpose, shall have the power to summon and examine witnesses under oath and compel their attendance and the production of books, papers, doc…

3-415. Rights of accused member. Any member of the Idaho State Bar complained of shall have notice and opportunity to defend by the introduction of evidence and the examination of witnesses called against him, and the right to be represented by counsel. He shall also have the rig…

3-416. Record of proceedings. A complete record of the proceedings and evidence taken by the board, committee or commissioner shall be made and preserved by the board.

3-417. Annual meeting of the bar — Election — Special meetings — Notice of meetings. There shall be an annual meeting of the Idaho State Bar presided over by the president of the board, and open to all members of the Idaho State Bar in good standing, and held at such time and pla…

3-418. Administration of justice — Investigations, study and recommendations of board. The governor, Supreme Court, or the legislature of the state of Idaho, may request of the board an investigation and study of and recommendations upon any matter relating to the courts of this …

3-419. Advancement of jurisprudence — Improvement of administration of justice. The Idaho State Bar and its board of commissioners shall have the power and authority to aid in the advancement of the science of jurisprudence and in the improvement of the administration of justice.

3-420. Unlawful practice of law — Penalty. If any person shall, without having become duly admitted and licensed to practice law within this state or whose right or license to practice therein shall have terminated either by disbarment, suspension, failure to pay his license or o…