Frequently Asked Questions

You may file a grievance by sending it in writing to:

Idaho State Bar
Office of Bar Counsel
PO Box 895
Boise, ID 83701

The Idaho State Bar is the administrative agency of the judicial branch of the State of Idaho. The membership of the Idaho State Bar consists of all attorneys licensed to practice law in Idaho. Bar Counsel is the disciplinary counsel for the Idaho State Bar.

The Idaho Rules of Professional Conduct are the rules governing the professional conduct of all attorneys in the State of Idaho. You can view them by clicking: Idaho Rules of Professional Conduct.

Attorney misconduct is any violation of the Idaho Rules of Professional Conduct which may include but is not limited to: improper use of trust account money, conflict of interest, breach of confidentiality, neglect, lack of communication, etc.

A grievance against an attorney must be submitted in writing unless prior approval is received in special circumstances. The Grievance Form Packet is available in PDF format. If you are unable to open and print the PDF version, contact Bar Counsel’s Office to request a copy by mail.  Complete and return the form with a written, detailed explanation of the reasons you are filing the grievance against the attorney. Include as much factual data as possible (dates, names, phone numbers, amounts of money involved, etc.). If possible, organize the information in chronological order. The grievance must be signed by you. Attach copies of any documents which will help explain the grievance; do NOT send any original documents. If more information is needed for our investigation, we will contact you.

We may send a copy of your grievance to the attorney as part of our investigation. By Rule, Bar Counsel’s Office keeps the grievance confidential as between the attorney and grievant unless the grievance is serious enough to merit formal charges.

Bar Counsel’s Office reviews all grievances to determine if there has been any violation of the Idaho Rules of Professional Conduct. After an initial investigation of your grievance, you will receive a letter from Bar Counsel’s Office informing you that: (1) there was no clear and convincing evidence of unprofessional conduct; (2) more information is needed; or (3) additional investigation is being conducted as to possible violations. If the investigation establishes that there have been no violations of the Rules or if there is insufficient evidence to prove that a violation has occurred, the grievance will be dismissed and you will be informed of the reasons for dismissal by letter. If it is determined that a violation has occurred, the attorney may receive private discipline or, in some cases, formal charges may be filed. If the attorney receives private discipline, you will be informed of the sanction in writing — information concerning private discipline is not released to the public by Bar Counsel’s Office. Grievances resulting in formal charges can involve sanctions ranging from public reprimand to disbarment.

Each case varies according to its complexity; a typical case takes approximately three to four months before a decision is reached. Cases that are more complex or involve the filing of formal charges will take longer. We make every effort to ensure that the disposition of each grievance is handled as quickly and thoroughly as possible.

Yes. If you feel the decision was incorrect, you may file a written request to have the decision reviewed. Likewise, the attorney can request a review of Bar Counsel’s decision. A 3-member panel, consisting of two lawyers and one non-lawyer, will then review the grievance and decision.

No. The Idaho State Bar only has jurisdiction over violations of the Idaho Rules of Professional Conduct. We do not handle allegations of legal malpractice. If you feel that you have been monetarily damaged by your attorney’s actions or if you feel you may have some legal recourse, you should consider discussing the matter with private legal counsel.

DO NOT WAIT UNTIL BAR COUNSEL HAS ISSUED ITS DECISION ON YOUR GRIEVANCE BEFORE TAKING ANY LEGAL ACTION.

The Idaho State Bar cannot represent your individual interests in the matter or become involved in any legal matter which might relate to your grievance. Additionally, Bar Counsel’s Office cannot answer legal questions or give legal advice.

There is no such thing as a “standard fee” for a particular type of case. If you feel that your attorney’s fees are too high, you may wish to discuss the matter directly with your attorney or submit the fee dispute to the Idaho State Bar’s free Fee Arbitration.

A Client Assistance Fund has been created to compensate clients for all or part of any losses caused by the “dishonest conduct” of a lawyer admitted to practice law in Idaho. Please note that legal malpractice and violations of the Idaho Rules of Professional Conduct do not necessarily constitute “dishonest conduct” for purposes of the Client Assistance Fund. If you believe that an attorney has engaged in dishonest conduct, which may include the misappropriation of funds, you may file a Client Assistance Fund Claim form. Additionally, you may file a grievance against the attorney alleging misconduct.

Fee Arbitration is an alternative means to resolve disputes over fees between attorneys and clients. The process is started by completing and filing a Petition and Agreement (the Fee Arbitration Forms mentioned above). Attorneys or clients may petition for arbitration. If the client submits a Petition, the attorney is notified by our office that his/her client has filed for arbitration of a fee dispute. The attorney then has 21 days to decide if he/she will sign the Agreement and be bound by the decision of the arbitrator(s). Fee Arbitration is not mandatory in Idaho and attorneys are not required to sign the Agreement to participate. Regardless of whether the attorney signs the Agreement, however, the case proceeds to mediation.

The Idaho State Bar offers the Fee Arbitration Program at no cost to the client or the attorney.

There is no such thing as a “standard fee” for a particular type of case.

Upon reasonable request by a client, an attorney is required to provide an accounting of fees and costs claimed or previously collected. (I.R.P.C. 1.5(f)) If you are having a dispute with your attorney regarding fees, you may request an accounting. If, after receiving the accounting, you disagree about the fees or costs, you may wish to submit the dispute to Fee Arbitration.

The Fee Arbitration Forms are available in PDF format by clicking the button at the top of this page. If you are unable to open and print the PDF version of the forms, contact Bar Counsel’s Office at (208) 334-4500 to request a copy.

Idaho Bar Commission Rules 701-708 govern Fee Arbitration.

Each case initiated by a client is assigned to a mediator who then contacts both parties to determine if the fee dispute can be resolved. The mediator is given 30 days to attempt to resolve the dispute. Mediators are assigned from a rotating list of volunteer attorneys. If no settlement is reached and the parties have agreed to binding arbitration, the matter is referred to arbitration. If the attorney has not agreed to binding arbitration and mediation is unsuccessful, the matter is closed and the parties may pursue their own civil remedies, e.g., filing a lawsuit in court.

If both parties have agreed to Fee Arbitration, a panel is assigned from a rotating list of volunteer attorneys and non-attorneys in each district. Disputes of $2,500 or less are assigned to a single attorney arbitrator. If the amount in dispute is over $2,500, a panel consisting of two attorneys and one non-attorney is assigned to the matter. A hearing is set within 30 days of the assignment and a decision is issued within 15 days after the hearing. Either party may ask a court of competent jurisdiction to enter a judgment based upon the arbitration decision, if necessary.

If an attorney submits a Petition, the client is notified by our office that his/her attorney has filed for arbitration of a fee dispute. The client then has 21 days to decide whether to sign the Agreement and be bound by the decision of the arbitrator(s). If the client refuses or fails to consent to arbitration, the matter will be closed due to lack of agreement, and both parties are notified.

The Idaho State Bar has no appeal process for Fee Arbitration.

If a written fee agreement between an attorney and client expressly provides that all fee disputes are to be submitted to the Idaho State Bar’s Fee Arbitration Process for resolution under Section VII of the Idaho Bar Commission Rules, Bar Counsel has determined that the Uniform Arbitration Act, I.C. § 7-901, et seq. applies.

The applications for MCLE credit are available on our website:

• Course Credit Application
• Teaching Credit Application
• Published Legal Writing Credit Application

Other MCLE forms are available on the MCLE Forms page.

The application fee is $75. Affinity Groups (an Idaho-based legal group organized to promote the common interests of certain members of the ISB) pay a reduced application fee of $20. No application fee is required for applications submitted by the Idaho Supreme Court, the Bar and its sections or district bar associations, the Idaho Law Foundation, Inc., or individual members of the Idaho State Bar. Application fees cannot be paid by credit card.

The $25 late fee is required for all applications received more than ninety (90) days after a course was completed. For attorneys, the ninety (90) days is based on the date the live or recorded course was completed. For course providers, the ninety (90) days is based on the date the live course was completed or the date the recording was made.

Idaho uses a 60 minute hour and credits are rounded to the nearest quarter-hour. No credit will be given for time spent in introductory remarks, coffee, and food breaks, business meetings, or other activities that do not involve educational aspects of the CLE activity; courses attended in preparation for, or prior to, admission to the practice of law; courses included in the curriculum of a college or university undergraduate degree program; or courses on marketing, client cultivation, general time management or stress reduction, computer training that is not specific to attorneys, general business topics, or vendor-sponsored activities designed solely to promote products or services.

Ethics credits may be granted for the following topics: Idaho Rules of Professional Conduct, professionalism and civility, client trust account administration, and legal malpractice prevention.

Accreditation in another state does not mean that a course will be automatically accredited in Idaho.  Application for Idaho MCLE accreditation must be made.

Idaho State Bar members who teach other attorneys at ISB approved courses may apply for teaching credit after the course is held.  To apply for credit, submit an Application for Teaching Credit along with a complete course schedule.  The course schedule must include the topics covered, a full, time breakdown for the course and must show what portions the attorney taught.  Allow 3-4 weeks for processing.

Published legal writing authored by attorneys may qualify for CLE credit if the writing contributes to the attorney’s legal education; is intended for an attorney audience; and is an original writing that is published, in print or electronically, in a professional legal journal or publication. To apply for credit, submit an MCLE Writing Credit Application along with a copy of the writing.  Allow 3-4 weeks for processing. For more information, visit our Published Legal Writing Credit page.

If your records are incomplete or incorrect, inform the MCLE Department by email or by phone at (208) 334-4500.

You may earn up to 15 credits through self-study during your reporting period. Self-study credits can be earned through online courses. The Idaho State Bar and Idaho Law Foundation offer Online CLE Courses that have been approved for credit in Idaho.

Published legal writing authored by attorneys may qualify for CLE credit if the writing contributes to the attorney’s legal education; is intended for an attorney audience; and is an original writing that is published, in print or electronically, in a professional legal journal or publication. The published writing must be at least 1,000 words and one credit may be granted per 1,000 words. A maximum of 6 writing credits can be used per reporting period. For more information, visit our Published Legal Writing Credit page.

If you taught a CLE course, you may receive 3 CLE credits for each hour taught. Submit a Teaching Credit Application along with a complete course schedule showing the portion(s) you taught.

Consult with the staff attorneys in Bar Counsel’s Office regarding the Idaho Rules of Professional Conduct.

The Fee Arbitration program offers an efficient, private, and free way to resolve client fee disputes. Fee arbitration can be requested by either the client or the attorney.

The Idaho State Bar offers a free job announcement service to law-related employers and employees. View current job announcements from throughout the state, or request to post one of your own. For national announcements, visit the American Bar Association (ABA) Career Resource Center.

The Desk Book Directory is a supplement to The Advocate and is disseminated each April. The Idaho State Bar Commission Rules, the Idaho Rules of Professional Conduct, the Local Court Rules, and the Rules of the Idaho Judicial Council are included, along with information about the judicial districts and contact information for attorneys and judges. Alternatively, the Digital Desk Book is available via the web.

This weekly electronic update details upcoming CLE programs, Section and district bar activities, general legal announcements, and more. For the current E-Bulletin, click HERE.

Members are welcome to use meeting space in downtown Boise at the Law Center, which includes two conference rooms and a classroom. Call 208-334-4500 to reserve space.

Published nine times a year, this official magazine of the Idaho State Bar features topics of interest to the Idaho legal community, including notices of Bar activities, rule changes, discipline cases, CLE opportunities, and articles written by lawyers from various Practice Sections or other statewide legal entities.

Under special provisions of the Idaho State Bar and Idaho Supreme Court Rules, a fund has been created for maintaining the integrity and protecting the good name of the legal profession by reimbursing claimants for losses caused by dishonest conduct of a lawyer. Under the program, fees are paid by all lawyers throughout the state to assist in compensating members of the public for an Idaho lawyer’s dishonest conduct when the claimant has no other recourse to recoup the loss. For more detailed information, select: Client Assistance Fund.

The Idaho Volunteer Lawyers Program (IVLP) organizes Idaho private attorneys to expand pro bono legal resources. IVLP staff members screen applicants for income and case eligibility and support volunteer attorneys as they prepare cases. Submit a Pro Bono Pledge with IVLP to provide an invaluable service.

Law-Related Education (LRE) provides Idaho teachers and students with materials and strategies to reinforce civic education. LRE relies on attorney volunteers for programs, including Citizens’ Law Academy, the Turning 18 in Idaho publication, and the Idaho High School Mock Trial Program.

There are 18 committees of the Idaho State Bar and Law Foundation which provide vision and oversight to various programs and functions. Learn more about how the Bar and Law Foundation operates, meet other lawyers, and serve the profession by volunteering for a committee position.

To view Bar committee positions, select: ISB Committees.

To view Law Foundation committee positions, select: ILF Committees.

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Life Insurance
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