Licensing/MCLE
All current Idaho State Bar members have annual licensing requirements including payment of license fees and the client assistance fund assessment. Depending on status, members are required to provide certification of trust accounts, disclousure of professional liability insurance, certification of mandatory continuing legal education (MCLE) compliance and designation of Idaho agent for service of process.
Licensing Forms
The annual licensing packets are mailed in mid-November. Depending on the attorney's status and MCLE reporting reporting period, the packet will contain all or some of the following forms. The forms are preprinted with the attorney's information and these samples should only be used for informational purposes. To order new forms, please contact the Membership Department.
- License Fee Notice
- Licensing Information Sheet
- Trust Account Certificate
- Disclosure of Professional Liability Insurance
- Mandatory Continuing Legal Education (MCLE) Certificate of Compliance
- Designation of Idaho Agent for Service of Process
License Fees
| Fee Schedule for 2010 | |
|---|---|
| Admitted between January 1, 2010 and July 1, 2010 | $140 |
| Admitted after July 1, 2010 | $ 90 |
| Active or House Counsel (admitted prior to 1-1-07) | $340 |
| Active or House Counsel (admitted after 1-1-07) | $255 |
| Affiliate or Emeritus Member (information below) | $120 |
| Age 72 years or older | $ 55 |
Description of All Membership Statuses
Affiliate Membership is available to attorneys who wish to continue their membership, but do not plan to engage in the practice of law in the state of Idaho. They continue to receive all publications and mailings of the Idaho State Bar, but cannot practice law in Idaho, vote for Commissioners or vote on resolutions. Affiliate members are not required to meet the mandatory continuing legal education (MCLE) credit requirement required for an active or house counsel license. However, transferring to affiliate status at the end of your MCLE reporting period does not eliminate the reporting requirement.
Idaho Bar Commission Rule (IBCR) 304 and 305 govern reinstatement to active status. One of the requirements is a an attorney must either (1) obtain no fewer then ten (10) MCLE credits within sixty (60) days after his or her return to active status or (2) provide satisfactory evidence that he or she has obtained thirty (30) Idaho approved MCLE credits in the thirty-six (36) months preceding the date of his or her return to active status. (IBCR 305). Note: Given the MCLE and fee requirements involved in transferring to active status, it is not usually advantageous to transfer to affiliate status for less than one year.
Emeritus Membership is available to retired attorneys from Idaho and other states and enables them to engage in pro bono work under a supervising attorney through an approved organization such as Idaho Legal Aid Services or the Idaho Volunteer Lawyers Program. The Idaho Supreme Court certifies emeritus attorneys. It is essentially an affiliate membership with a limited license to engage in supervised pro bono work. (IBCR 223)
Voluntary Inactivation of License: If you intend to stop practicing law in Idaho and do not intend to reactivate your license, you may transfer to inactive status by signing and dating the section entitled “Voluntary Inactivation of License.” This eliminates the need for the Idaho Supreme Court to issue an order canceling your license to practice. Note: Inactive status should not be chosen unless you do not intend to return to active or affiliate status. All license fees plus late fees not paid during the time you are inactive must be paid at the rate of an affiliate member if you apply for reinstatement. (IBCR 301 et. seq.)
Client Assistance Fund Assessment
Idaho Code §3-409 and Idaho Bar Commission Rule 602(b) state that the Client Assistance Fund shall be funded by an assessment of the members of the Idaho State Bar. Each member of the Idaho State Bar, regardless of membership category or type of practice, is required to pay the $20.00 Client Assistance Fund assessment listed on the License Fee Notice.
Trust Account Certification
The Idaho Rules of Professional Conduct (IRPC) require each active member of the Idaho State Bar to certify annually under penalty of perjury that he or she maintains a separate client trust account for Idaho client funds or he or she handles no Idaho client funds because of the nature of his or her practice.
In addition to certifying the existence of such an account, as a condition for licensing you are required to (1) identify the account number, account name and the name and address of the financial institution where it is maintained, (2) authorize your financial institution to notify the Idaho State Bar of any overdraft or instrument presented against insufficient funds. Financial Institutions Approved by the Idaho State Bar to Act as Depositories for Attorney Trust Accounts.
The Interest on Lawyers Trust Accounts (IOLTA) Program allows attorneys to invest small or short-term deposits so that these otherwise idle funds may be pooled to generate interest money channeled to the Idaho Law Foundation, Inc. for use in law-related public interest programs. Idaho Rule of Professional Conduct (IRPC) 1.15(j) allows attorneys to “opt out” of IOLTA. Unless you have submitted a written notice of declination to the Executive Director of the Idaho State Bar by February 1, a copy of the Trust Account Certification form will be delivered to your financial institution instructing your financial institution to convert your trust account to an interest bearing account with the interest, net of service charges, payable to the Idaho Law Foundation, Inc.
Trust Account Certificates are not available as blank forms. A Sample Trust Account Certificate is available for informational purposes, but should not be used to certify accounts. Please contact the Membership Department to request a certificate.
Disclosure of Professional Liability Insurance
Idaho Bar Commission Rule 302(a)(7) requires each lawyer admitted to the active practice of law to certify to the Idaho State Bar on or before February 1 of each year (1) whether the lawyer represents private clients; (2) if the lawyer represents private clients, whether the lawyer is currently covered by professional liability insurance; and (3) whether the lawyer intends to maintain insurance during the next twelve months. Each lawyer admitted to the active practice of law in this jurisdiction who reports being covered by professional liability insurance shall identify the primary carrier and shall notify the Idaho State Bar in writing within 30 days if the insurance policy providing coverage lapses, is no longer in effect, or terminates for any reason, unless the policy is renewed or replaced without substantial interruption. Note - All active members are required to disclose their professional liability insurance information, but they are not required to obtain or maintain professional liability insurance.
Disclosure of Professional Liability Insurance Form
MCLE Compliance Certification
Idaho Bar Commission Rule 402 requires each active member of the Idaho State Bar to complete thirty (30) credit hours of accredited continuing legal education in each and every three year reporting period following his or her date of admission. This thirty (30) hour total must include two (2) hours of legal ethics or professional responsibility education. Note: Transferring to affiliate status at the end of your reporting period does not eliminate this requirement.
The MCLE deadline is December 31. Attorneys due to report must have their MCLE credits completed by the deadline. The certificate of compliance can be submitted with the licensing forms and fee by the February 1 licensing deadline. If needed, an attorney can request an MCLE extension from January 1 to March 1 by submitting a written request and paying the $50.00 MCLE extension fee. March 1 is the final deadline. The names of all the attorneys who have not completed their MCLE requirements by the deadline will be given to the Idaho Supreme Court for cancellation of their licenses.
Check your MCLE Attendance Credits
MCLE - Completing the Requirements (information on extensions, self-study credit and course approval)
MCLE Certificates of Compliance are not available as blank forms and are not available before the end of an attorney's MCLE reporting period. MCLE Certificates of Compliance will be included in the annual licensing packets of attorneys whose reporting periods are ending. Attorneys needing a replacement certificate should contact the Membership Department.
Admission in Other States
We are asking our members to inform us if they are admitted to practice law in any other states. If you have been admitted in another state, please indicate it on the front of the license fee notice. It is not necessary to provide current statuses in the other jurisdictions.
Designation of Idaho Agent for Service of Process
In addition to paying an annual license fee and filing a trust account certificate, an active member must: maintain a bona fide residence within the state of Idaho or designate an agent for service of process within the state of Idaho. All active members who do not reside in Idaho are designated as Out of State Active members and are required by Idaho Bar Commission Rule 302 to file a form with the Idaho State Bar designating an authorized Idaho agent for service of process.
Designation of Idaho Agent for Service of Process Form
Deadlines
The licensing packets are mailed in mid November. The initial deadline is February 1 (if February 1 falls on a weekend, the deadline will be the following Monday). All licensing materials and fees must be physically received in the Idaho State Bar office by the initial deadline to avoid the late fee. All fees received after the initial deadline must include the appropriate late fee: Active/House Counsel - $50.00, Affiliate/Emeritus - $25.00. The final deadline is March 1 (if March 1 falls on a weekend, the deadline will be the following Monday). All licensing must be physically received in the Idaho State Bar by that date. The names of all attorneys who have not paid by the final deadline will be given to the Idaho Supreme Court for cancellation of their licenses.