Unauthorized Practice of Law

Pursuant to Section VIII of the Idaho Bar Commission Rules, 800 et seq., Bar Counsel has the authority to investigate complaints of unauthorized practice of law under the direction of the Standing Committee on Unauthorized Practice of Law.

Under I.B.C.R. 801(i), the unauthorized practice of law is the practice of law without being duly qualified to do so, as prohibited by statute, court rule, or case law of the State of Idaho. 

If you believe that someone has engaged in the unauthorized practice of law in Idaho, you may make a complaint by submitting a written statement, preferably on a Bar Counsel Complaint Form, to:

Bar Counsel’s Office
Idaho State Bar
P.O. Box 895
Boise, ID 83701

Unauthorized Practice of Law Links

Idaho Bar Commission Rules Section VIII, 800 – 809, Unauthorized Practice of Law
Title 3, Idaho Code §3-401 and §3-420
Idaho Rules of Professional Conduct, Rule 5.5
Model Guidelines for the Utilization of Legal Assistant Services, Resolution 94-7

Some Idaho Cases Related to the Unauthorized Practice of Law

In Re: Matthews, 57 Idaho 75, 62 P.2d 578, (1936)
In Re: Matthews, 58 Idaho 772, 79 P.2d 535, (1938)
Idaho State Bar v. Meservy, 79 Idaho 526, 325 P.2d 688, (1958)
Idaho State Bar v. Meservy, 80 Idaho 504, 335 P.2d 62, (1959)
Idaho State Bar v. Villegas, 126 Idaho 191, 879 P.2d 1124, (1994)
State v. Wees, 138 Idaho, 119, 58 P.3d 803, (2002)
State v. Bettwieser, 143 Idaho 857, 149 P.3d 857, (2006)