Formal Ethics Opinions of the Idaho State Bar
The Idaho State Bar Committee on Ethics and Professional Responsibility issued formal ethics opinions from 1944 until the Committee was suspended by the Board of Commissioners in 1994. The last formal ethics opinion issued by the Committee was in 1992. The Idaho State Bar Board of Commissioners issued one formal ethics opinion in 1999.
The Committee was suspended in 1994 and its continued viability was referred to a Long Range Planning Committee of the Idaho State Bar. The Long Range Planning Committee met between 1995 and 1999, and evidently concluded that the Committee on Ethics and Professional Responsibility was no longer viable, because it was discontinued.
The following formal ethics opinions, although dated, remain formal ethics opinions of the Idaho State Bar. Since the current format of the Idaho Rules of Professional Conduct were adopted in 1986, and have been amended a number of times since 1986, most of the formal ethics opinions do not address the current Idaho Rules of Professional Conduct. Please note that many of these formal opinions have been designated obsolete, disavowed, overruled, superceded by another formal opinion or subsequently addressed by an ABA ethics opinion. The Notes column on the Formal Ethics Opinions List, the front page of the link to these formal ethics opinions, should therefore be consulted with respect to the subsequent treatment of any particular formal opinion. However, the principles addressed in the formal opinions, to the extent they remain applicable and consistent with the current Idaho Rules of Professional Conduct are still utilized to interpreting the current Rules.
If you have any questions about the applicability of any formal opinion to an issue you are addressing, please feel free to contact Brad Andrews, Bar Counsel, at (208) 334-4500.
Because of the discontinuance of the Committee on Ethics and Professional Responsibility, the current process to request a formal ethics opinion of the Idaho State Bar is to make that request to the Idaho State Bar Board of Commissioners, c/o of Bar Counsel, P.O. Box 895, Boise, Idaho 83701. The Idaho State Bar Board of Commissioners, in its discretion, decides whether any particular topic merits a formal ethics opinion, and if it does, will issue a formal ethics opinion. The general standards that the Idaho State Bar Board of Commissioners generally considers are whether a request for a formal opinion is of general application to the members of the Idaho State Bar, as opposed to responsive to a specific, unique set of facts or circumstances and whether the request is of sufficient breadth and interest to the Bar as a whole. As noted above, very few requests for formal opinions are granted.
List of Formal Ethics Opinions
Formal Ethics Opinions by Subject
The following opinions are in PDF format. 
ACCOUNTANT
See Business Activity
ACQUIRING INTEREST IN LITIGATION
Lawyer advancing costs
For filing fee and service costs – 24
For bail – 89
ADJUSTER
See Insurance Adjuster
ADMINISTRATIVE AGENCY
See Public Office, attorney general, Conflict of Interest, administrative agency
ADVERSE PARTY
Advertising, adoption information – 107
Advice, unrepresented party in divorce proceeding – 66
Communication with directors, officers and employees of corporation represented by counsel – 22
Representation of adverse party in subsequent phase of same litigation – Opinion 34, Opinion 46
ADVERTISING
See also, Letterhead, Solicitation
Acquaint public with need for legal services – 59
Announcement
New law office, opening of –2
Summer hours – 2
Auction, donating legal services for – 111
Card, professional
Newspaper, use in – Opinion 2, Opinion 73
In publications
List of Estate Planning Council members given to institute participants – 57
Newspaper
Adoption services – 107
Announcement card
For new office –2
For new partner – 73
Column – 97
Employment, availability for – 72
Picture – 2
Self-laudatory remarks – Opinion 2, Opinion 107
Telephone directory – 112
Classified section – 112
Branch office – 45
Out-of-town listing – 63
Areas of practice/yellow pages – 112
Non-classified section
Bold type – 7
Indigents, inform of legal aid services – 59
Lawyer referral – 114
Shingle
Office – 3
Residence – 26
ANNOUNCEMENTS
See Advertising
ATTORNEY-CLIENT PRIVILEGE
See Confidences of Client
ATTORNEY GENERAL
See Public Office
ATTORNEY’S FEES
See division of Fees; Fee; Contingent Fee
Auction – See Advertising; Solicitation; Conflict of Interest
BAIL
Attorney posts for client – 89
BID
Legal work, for – 62
BUSINESS ACTIVITY
Accountant – Opinion 11, Opinion 56, Opinion 88, Opinion 109
Insurance adjuster –6
Real estate broker – 4
Securities broker – 103
CLIENT PAPERS AND DOCUMENTS
Return of – 101
COLLECTION AGENCY
Compensation, to attorney – 36
Employment, of attorney by agency – 36
Relationship, with attorney and creditor – 37
COMMUNICATION WITH ADVERSE PARTY
See Adverse Party
CONFIDENCES OF CLIENT
Disclosure of
Contract to will after death of both parties – 75
Fugitive, whereabouts of – 96
Office sharing, between attorneys – 110
Represent defendant after refusal to represent plaintiff – 58
CONFLICT OF INTEREST
Administrative agency represents several clients competing for license – Opinion 35, Opinion 93
Attorney disciplinary proceedings attorney investigator is adversary of attorney under investigation in pending civil matter – 80
Attorney general
Represent Industrial Commission as hearing officer and as advisor to Industrial Special Indemnity Fund – 81
Represent opposing entities of state government in active litigation – 91
Represent plaintiff mother and state department in paternity proceedings – 71
Auction – potential thru donation of services for – 111
County prosecutor
As municipal attorney – 60
Civil action involving same facts as a criminal prosecution – Opinion 18, Opinion 32, Opinion 43
Defending criminal cases – Opinion 10, Opinion 50, Opinion 53, Opinion 77
Represent deputy sheriff and insurer in suit against county – 31
Represent private client in civil action against the state – 74
Involving same facts as criminal prosecution – Opinion 18, Opinion 32, Opinion 43
When deputy prosecutor, in different law firm, represents the opposing party - 28
Father defending criminal client – 113
Spouse as Deputy Clerk, Auditor and Recorder – 64
Government tax attorney
Advise private clients on tax planning – 9
Guardianship
Represent claimant and guardian – 40
Judge
Criminal cases
As defense counsel – Opinion 23, Opinion 38
As prosecutor – Opinion 17, Opinion 23
Estate matters
As administrator – 5
Represents client in – 38
Studies in office of county prosecutor – 12
Legal aid society
Represents both sides in civil case – 86
Municipal attorney
As county prosecutor – 60
Defending criminal cases
Civil duties only – 90
Criminal prosecution duties – Opinion 41, Opinion 50, Opinion 51, Opinion 85, Opinion 105
Office sharers
Must observe partnership rule on avoidance of conflict of interest – Opinion 49, Opinion 94, Opinion 111
Public defender
Engage in civil practice as member of firm – 99
Partner represents paid clients in criminal matters – Opinion 5, Opinion 84
Represent private client in action against county – 76
Represent
Defendant after refusal to represent plaintiff – 58
Defendant while on Board of Directors of plaintiff – 93
Husband and wife in divorce – 79
Opposing party in subsequent phase of same litigation – Opinion 34, Opinion 46
Village trustee
Represents private client against village – 25
Zoning board member
Duty to disclose representation of professional society of homebuilders – 69
CONTINGENT FEE
See also, Division of Fees; Fee
Division where court awards attorney fees – 102
Divorce – 21
Finder’s fee, witnesses, 104
CORPORATION
Communications, with directors, officers and employees – 22
COURT REPORTER
Opposing attorney’s request for same transcript as ordered by other attorney – 39
CREDT CARD
See Financing; Fee
CRIMINAL DEFENSE PRACTICE
Attorney posts bail for client – 89
Disclosure
Identity of defendant at trial – 106
Fugitive, whereabouts of – 96
Indigent clients
Accept court appointments, duty to – 78
Communicate with defendant, duty to – 47
Disclose change in client’s finances, duty to – 19
Fee, basis of – 19
Partner of public defender represents paid clients in criminal matters – Opinion 55, Opinion 84
Purpose of not guilty plea – 19
Represent municipality or state – Opinion 10, Opinion 41, Opinion 50, Opinion 51, Opinion 53, Opinion 77, Opinion 85, Opinion 105
Father of prosecutor, defending criminal – 113
CRIMINAL PROSECUTION PRACTICE
See specific office, Public Office
DIVISION OF FEES
See also Fee; Contingent Fee; Lay Intermediaries
Client, with
Where court awards attorney fees – 102
Lawyer, with
Joint representation –30
Referral of legal business – 24
Who leaves firm – Opinion 44, Opinion 108
Lay entity, with
Collection agency – 36
Finder – 104
DUAL PROFESSIONAL AND BUSINESS ACTIVITY
See specific profession or business, Business Activity
FALSE STATEMENT OF LAW OR FACT
Client, to –14
Court, to – 105
Jury, to – 106
FEE
See also Division of Fees; Contingent Fee
Contingent – see Contingent Fee
Court awarded attorney fees client, effect on fee agreement with – 31
Division of – see Division of Fee
Factors to be considered – 8
Financing of
Credit card – Opinion 48, Opinion 70
Indigent clients
Criminal – 19
Minimum fee schedule – 8
Substituted counsel
Unpaid – 27
Suing client for – 95
Unpaid
Refusal to submit judgment in default divorce until attorney fees paid – 65
Substituted counsel – 27
FIFTH AMENDMENT
Use by attorney, both as office and counsel for corporation – 42
FILES
Client
Removal by attorney employee leaving firm – 44
Return of – 101
HOUSE COUNSEL
Attorney-employee advising Board of Directors, staff and members of association – 87
Student association; students receive advice and association pays fee – 67
INSURANCE ADJUSTER
Lawyer acting as – 6
JUDGE
Campaign conduct
Contracting attorneys for support and endorsement for appointment to higher judicial office – 20
Contributions and endorsements by lawyers – 98
Candidate’s expression of rightness or wrongness of Supreme Court opinion – 1
Continue ownership of building with former partners and rent building to remaining partners – 82
Criminal cases
As defense counsel – Opinion 23, Opinion 30
As prosecutor – Opinion 17, Opinion 23
Estate matters
As administrator – 5
Represent client in – 38
Studies in office of county prosecutor – 12
JUDGMENT
Refusal to submit judgment in default divorce until attorney fees paid – 65
LAW FIRM
Covenants not to compete – 108
Name
Deceased or former partner’s name – Opinion 29, Opinion 52
Member administrative assistant to U.S. Congressman – 64
Member holds public office – 16
Partnership, implication of where none exists – 29
Removal of files and division of fees with attorney-employee who leaves firm – 44
LAW OFFICE
Building
Share with attorney
Must observe partnership rule on avoiding conflict of interest – Opinion 49, Opinion 94, Opinion 111
Share with other businesses – 58
Dual profession, practice of – Opinion 11, Opinion 109
Shingle
At office – 3
At residence – 26
LAY INTERMEDIARIES
See also, Division of Fees
Collection agency – Opinion 36, Opinion 37
Real estate transaction – 33
LEGAL AID SOCIETY
Advertising availability of services – 59
Represent both sides in civil case – 86
LETTERHEAD
List dual profession – Opinion 11, Opinion 109
List firm member on indefinite leave of absence or teaching appointment – 52
Use of name of administrative assistant to U.S. Congressman – 68
MUNICIPAL ATTORNEY
See Public Office
OF COUNSEL
Use of – 52
OFFICE
See Law Office
OFFICE SHARING
See Law Office
OPPOSING PARTY
See Adverse Party
PARTNERSHIP
Covenants not to complete – 108
Non-existent
Held out as real – 29
Removal of files and division of fees with attorney-employee who leaves firm – 44
Use of deceased or former partner’s name – 29
POLITICAL ACTIVITY
Judicial campaign
Contacting attorneys for support and endorsement for appointment to higher judicial office – 20
Contributions and endorsements by lawyers – 101
Candidate’s expression of rightness or wrongness of Supreme Court opinion – 1
PROFESSIONAL CALLING CARDS
See Advertising
PROFESSIONAL SERVICE CORPORATION
See Law Firm
PROSECUTING ATTORNEY
See Public Office
PUBLIC DEFENDER
See Public Office
PUBLIC OFFICE
Attorney general
Represent Industrial Commission as hearing officer and as advisor to Industrial Special Indemnity Fund – 81
Represent opposing entities of state government in active litigation – 91
Represent plaintiff mother and state department in paternity proceedings – 71
Represent private client in action against state – 74
County prosecutor
As municipal attorney – 60
Defending criminal cases – Opinion 10, Opinion 50, Opinion 53, Opinion 77
Judge, all to study in office – 12
Law firm office in courthouse – 16
Represent deputy sheriff and insurer in suit against county – 31
Represent private client in civil action against the state – 74
Involving same facts as a criminal prosecution – Opinion 18, Opinion 32, Opinion 43
When deputy prosecutor, in different law firm, represents the opposing party – 28
Father of, defending criminal client – 113
Spouse as Deputy Clerk, Auditor and Recorder – 64
Threat of criminal action regarding property he owns – 54
Government tax attorney
Advise private clients in tax planning – 9
Municipal attorney
As county prosecutor – 60
Defending criminal cases
Civil duties only – 90
Criminal prosecution duties –Opinion 41, Opinion 50, Opinion 51, Opinion 53, Opinion 77, Opinion 85, Opinion 105
Division of fees with lawyer – 30
Public defender
Engage in civil practice as member of firm – 100
Partner represents paid clients in criminal matters – Opinion 55, Opinion 84
Represent private client in action against county – 76
Spouses hold different public offices – 64
Use of name in law firm name – 16
Village trustee
Represents private client against village – 25
Zoning board member
Duty to disclose representation of professional society of homebuilders – 69
PUBLICATIONS
See Advertising
REAL ESTATE BROKER
Lawyer acting as – 4
REAL ESTATE TRANSACTION
Personal contact with client – 33
SHINGLE
See Law Office
SOLICITATION
Legal business
By auction – 111
Private lawyer referral system – 114
By bid – 62
By life insurance agent/friend – 9
For adoption services – 107
To serve as Public Defender – 99
SPLITTING OF FEES
See Division of Fees
STATUTE OF LIMITATIONS
Suit, filing after statute has run – 13
SUBSTITUTION OF COUNSEL
Substituted counsel, unpaid fee – 27
Substituting counsel
Duty with respect to fee of discharged counsel – 27
TELEPHONE DIRECTORY
See Advertising
THREAT OF CRIMINAL ACTION
By attorney – 54
TRIAL CONDUCT
Criminal
Disclosure of defendant’s identity at trial – 106
TRIAL PUBLICITY
Attorney’s duty regarding public disclosures by client – 92
UNAUTHORIZED PRACTICE OF LAW
Collection agency – Opinion 36, Opinion 37
Real estate transaction 33
UNPROFESSIONAL CONDUCT
Sexual misconduct with client – 79
WILL
Disclosure of contract to will after death of both parties – 75
WITHDRAWAL
See Substitution of Counsel
Client deliberately disregards fee agreement – 86
Member of firm is witness – 15
WITNESS
Attorney as
Acceptance of employment if obvious that attorney ought to be called as witness – 83
Cooperation with substituting counsel in preparation of pleadings – 83
For opposing party – 61
Necessity of withdrawal – 15
Interviewing of
For opposing side – 22
Fee for finding – 104
ZONING
Board member has duty to disclose representation of professional society of homebuilders - 69