Introduction to Idaho Legal Ethics
The Idaho Rules of Professional Conduct (IRPC) are a set of ethical standards that govern the conduct of attorneys practicing law in the state of Idaho. Like the Model Codes of Professional Responsibility from which they were derived , the IRPC outline a lawyer’s ethical obligations and the rules of professional conduct which must be adhered to by attorneys in their capacity as practitioners of the law. The IRPC apply to all lawyers who are licensed to practice in the state of Idaho.
An attorney is expected to use their best judgment and exercise due diligence when attempting to comply with the IRPC. Although there are numerous official comments found in the rules which provide guidance interpreting and applying the IRPC, violations of the IRPC are not criminal offenses nor are they civil liabilities.
General Provisions of Idaho Rules
The Idaho Rules of Professional Conduct contain key areas of discussion and rules relating to the conduct of attorneys. There are rules regarding client-lawyer relationships, client confidentiality, conflict of interest, advocate duties, transactions with persons other than clients, office management, information and record-keeping, fees, special responsibilities of lawyers who practice law in plural law firms, public service, membership in legal services organizations, firm name and letterhead, appearing in court, and prosecutor-conduct.
Latest Amendments to the Idaho Rules
In July of 2019, the Idaho Supreme Court amended the Idaho Rules of Professional Conduct to include and expand mandatory reporting requirements, and requirements for lawyers to provide up-to-date contact information. These amendments took effect on January 1, 2020.
The new reporting rule, Rule 8.3, allows attorneys to report known violations of the Rules of Professional Conduct that create a substantial risk of dentist client harm. It removes the confidentiality rule privilege and provides for reporting violations that are punishable by public or private discipline against other attorneys. It is not mandatory to report less serious misconduct. The reporting obligation is triggered if the lawyer has actual knowledge of the information.
Amendments to the contact information rules, Rule 1.4, expanded the obligations to inform clients of materials to keep after the termination of representation, and provides that a lawyer should reasonably instruct the lawyer’s clients to do so. The amendment also requires all lawyers licensed in Idaho to provide a current email address to the Idaho State Bar, or update their address if using a law firm email. This change was implemented due to the ability to make contact through email without physically being in the office in person.
Professional Misconduct and Accountability
The stakes for violating the Idaho Rules of Professional Conduct are high. While a single, isolated incident may result in a reprimand or censure, repeated misconduct over a period of years can lead to suspension or disbarment. Even where not picked up on by the Bar, a violation of the Rules may give rise to civil and criminal claims with potentially much higher penalties.
Disciplinary Actions
In Idaho, the Supreme Court admonishes, reprimands, censures, suspends, and disbars attorneys for violating the Rules of Professional Conduct. All disciplinary matters are heard by the Idaho State Bar’s Professional Conduct Board. The Board has seven members, four lawyers and three public, and is appointed by the Court. At the hearing, disciplinary counsel alleges the violation and presents any evidence and arguments supporting the allegation. The accused attorney has the opportunity to present his or her own witnesses and rebutting evidence.
Disciplinary actions are public. If publicly reprimanded, censured, suspended, or disbarred, the matter will be published on the ISB website. For attorneys who hold active licenses in other states, the Bar also reports any disciplinary actions to the licensing authority in the other state.
A public reprimand issued after an evidentiary hearing or a confidential admonition may be published in the ISB Report or the Idaho State Journal, or otherwise "put into the public record." Public reprimands and censure may also show up in print on the front page of the Idaho Business Review or the Idaho Statesman, depending on the severity of the alleged misconduct and the audience the news organization intends to reach.
Civil and Criminal Penalties
Attorneys who violate the Rules of Professional Conduct may also be liable to clients for civil malpractice. Clients whose lawyers lie to them, completely ignore them, and steal from them have the ability to pursue malpractice claims against the lawyer. Even if the client does not bring a lawsuit against his or her lawyer, a lawyer acting in violation of the Rules of Professional Conduct can be prosecuted.
Criminal penalties are available for lawyers who violate criminal statutes in the course of their representation. Examples of such crimes include forgery or fraudulent misappropriation of funds held in trust, particularly if the victim of the crime is a client.
Vicarious Liability
Finally, a violation of the Rules of Professional Conduct may also impact lawyers who are not the subject of the complaint. Because the Rules of Professional Conduct require lawyers to supervise their subordinates and employees, lawyers can sometimes be held responsible for the misconduct of those they supervise. This is particularly true when the lawyer knows or should have known of the misconduct and does nothing to prevent or correct it. For example, a senior partner who knows that a junior partner is denying a client’s access to information may be guilty of violating multiple Rules of Professional Conduct.
Additionally, according to the Idaho Supreme Court, a senior attorney may be vicariously accountable for the actions of a junior partner or associate who is subject to the muse of the senior attorney. If the senior attorney directs the associate’s actions or has direct supervisory authority, the senior attorney may be found to have had the equivalent culpability. This may also include the actions of non-lawyers and contract attorneys.
The Rules of Professional Conduct affect attorneys even when they are not the subject of an ethics complaint. Attorneys can be vicariously liable for the actions of their employees and may be held liable for malpractice against clients. Even lawyers who act appropriately can have their licenses impacted by the actions of supervised attorneys and employees.
Idaho Rules in Context: A National Comparison
The Idaho Rules of Professional Conduct have maintained substantial similarities to the ABA’s Model Rules. In general, many of the specific comments in the Model Rules have been omitted, some substantive changes have been made (most notably, the deletion of the duty to communicate with a client who is dying, or has died) and certain rules were abandoned altogether in favor of the provisions of the old Idaho Rules. The changes made in the 2005 revisions mostly followed the ABA Model Rule revisions, while maintaining certain unique provisions. The ABA Model Rules require that a lawyer consult with a client regarding the means by which a result is to be pursued (Rule 1.2). Idaho substituted the term "methods" for "means", but made no substantive change. Regarding representation of clients with diminished capacity, the ABA Model Rules contain a comments referring to mental impairment. The Idaho Rules have no such comment, but both sets of rules have similar main provisions and comments. To a similar point, the ABA Model Rules provide specific language noting that a lawyer shall not communicate with a represented person (Rule 4.2). Idaho references very similar rules , again "borrowing" much from the Model Rules. Idaho and the ABA Model Rules borrowed provisions to prohibit discrimination in hiring on a variety of factors including: religion, race, sex, national origin, ethnicity and age (Rules 8.1 and 8.4). The antitrust provisions of the Model Rules have not been adopted, and the comment to that section of the ABA rules has been omitted. There are additional sections and comments which are not mentioned here, but maintain a similar structure and similarities. Idaho, however, is different when it comes to the issue of conflicts of interest. The ABA Model Rules contains provisions regarding: The Idaho Rules contain similar provisions only on conflicts of interest between current clients (Rule 1.7). All other types of conflicts are handled in the comments to the various rules. The language and structure of these provisions in the Model Rules are more extensive and provide more detail than those in the Idaho rules. The Idaho rules also contain a specific provision allowing lawyers to represent multiple parties in certain transactions (model rules 1.7(c)).
Helpful Tips and Suggestions
Understanding Idaho Rules of Professional Conduct
To keep your practice in compliance with the Rules, attorneys can implement a variety of practical strategies for record-keeping, client communication and continuing education. The first suggestion is to maintain a physical and electronic copy of the Rules so they may always be accessible for guidance and easy reference. Clients should be provided fully executed copies of all fee agreements and retainer agreements, and a log should be kept of all billable and reimbursable expenses. Many firms choose to have retaining files for each and every client, where all information regarding billable and non-billable hours are recorded. Therefore, the client can be sure to see how their retainer is being spent at any time.
Attorneys can also ensure compliance simply by listening to their clients. If you need something from the client in order to proceed with a case, let them know and to be sure that they have the information their case needs. If a client seems overly concerned about fees, inform them of your firm’s policy and encourage them to keep track of their own time. Offer to review their statements with them to help them understand how and when charges were assessed to their account. Even just making the offer to review the account can go a long way with a client who may be worried about the bottom line.
Finally, consider attending a State Bar Continuing Legal Education course (CLE) on the Rules of Professional Conduct. CLE’s give attorneys the opportunity to learn more about the Rules and receive CLE credits for it. Staying current on the amendments made to the RPC also ensures you are up-to-date on compliance with the Rules.
Further Resources
Attorneys and other legal professionals seeking further information on understanding and applying the Idaho Rules of Professional Conduct are encouraged to consider the following resources: Idaho State Bar: Offers general information about the Idaho Rules of Professional Conduct, the text of the rules themselves, as well as various ethics opinions and advisory memos. Idaho Supreme Court: Provides access to court rules, including the Idaho Rules of Professional Conduct, along with information about the court’s formal and informal rule-making processes. American Bar Association (ABA): The ABA offers a variety of resources related to the Model Rules of Professional Conduct , which may provide further context for understanding the Idaho Rules. Local Bar Associations: Many local bar associations offer resources and programs to assist attorneys in complying with ethical guidelines and the rules of professional conduct. Legal Research Platforms: Subscription-based services such as Westlaw and LexisNexis provide access to the text of the rules, case law, and more regarding legal ethics and professional conduct. Seminars and Continuing Legal Education (CLE): Many organizations offer CLE programs specifically on the topic of legal ethics and the Idaho Rules of Professional Conduct.