Idaho State Bar Lawyer Referral Service Rules
Article I. Purpose
The Idaho State Bar (hereafter the ISB) Lawyer Referral Service (hereafter the LRS) shall exist primarily for the benefit of the public. The LRS's purpose shall be to provide a means for referring to a qualified member of the ISB to any person who has a need for and can pay a fee for legal service.
Article II. Organization
The LRS shall operate under the general supervision of a committee appointed by the ISB Board of Commissioners. The LRS day-to-day business shall be conducted at the ISB office in Boise, Idaho under the supervision of the ISB Executive Director.
Article III. Membership in the LRS
The LRS shall maintain a file of attorneys listed by city. On the application for membership in the LRS, each attorney shall designate the areas of practice preference in which the attorney will accept referrals. To be admitted to membership in the LRS, an attorney must:
1. Be a member of good standing in the ISB and regularly practice in Idaho;
2. Certify that he/she is competent to handle all areas of law for which he/she applies;
3. Have in effect, and continue to maintain, professional liability insurance in a minimum amount of $100,000 for the protection of clients;
4. Agree to charge no more than $35 for the initial one-half hour consultation for clients referred by the LRS in all areas of law except personal injury and workers’ compensation. Agree to provide the initial one-half hour consultation free of charge for clients referred by the LRS in the areas of personal injury and workers’ compensation,
5. Abide by all of the rules of the LRS, and;
6. Agree to indemnify and hold harmless the ISB, its officers, members, agents, or employees from any all claims, expenses, attorney fees and costs, liability or loss arising from or incurred through any negligence or intentional conduct of the attorney which cause damage, real or alleged, to anyone referred to attorney by the LRS. In addition, the attorney agrees to waive any and all claims against the ISB, its officers, members, agents, or employees for any or all claims, expenses, attorney fees and costs, liability or loss arising from the operation and policies of the LRS including, but not limited to, referral or non-referral of a person or client, denial of or removal from panel membership, and provision of information about the attorney to any person or the clients.
Article IV. Withdrawal/Removal from LRS Membership
An attorney may, at any time, withdraw from participation in the LRS upon written notice to the LRS administrator, addressed to the ISB. The attorney shall not thereby be relieved of the duty to represent any person previously referred by LRS, in accordance with the rules, any pending cases, or any obligation incurred during LRS membership. An attorney's membership in the LRS may be terminated or suspended for any of the following reasons:
1. The filing of formal disciplinary charges by the ISB, as noted in the ISB Resolution No. 80-7;
2. Failure of an attorney to maintain professional liability insurance in a minimum amount of $100,000 for the protection of clients.
Any attorney's membership may be terminated or suspended, as determined by the LRS Committee, for the following reasons only after the attorney has reasonable notice of charges against him or her, and an opportunity to respond. Any attorney whose membership in the LRS is terminated or suspended for the following reasons shall have the right to appeal to the ISB Board of Commissioners.
1. Material misrepresentation of fact on the application for membership.
2. Failure of an attorney to return any report required by the LRS;
3. Failure of an attorney to comply with the rules of the LRS.