Idaho

Rule 5.5 MJP/UPL Current

(a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

(b) A lawyer admitted to practice in another jurisdiction, but not in this jurisdiction, does not engage in the unauthorized practice of law in this jurisdiction when:
(1) the lawyer is authorized by law or order, including pro hac vice admission pursuant to Idaho Bar Commission Rule 227, to appear before a tribunal or administrative agency in this jurisdiction or is preparing for a potential proceeding or hearing in which the lawyer reasonably expects to be so authorized; or
(2) other than engaging in conduct governed by paragraph (1):
(i) a lawyer who is an employee of a client acts on the client’s behalf or, in connection with the client’s matters, on behalf of the client’s commonly owned organizational affiliates;
(ii) the lawyer acts with respect to a matter that arises out of or is otherwise reasonably related to the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice; or
(iii) the lawyer is associated in the matter with a lawyer admitted to practice in this jurisdiction who actively participates in the representation.

(c) A lawyer shall not assist another person in the unauthorized practice of law.

Comments to Rule 5.5

In House Counsel Rule

Pursuant to Idaho Bar Commission Rule 225, house counsel licenses are intended to permit lawyers licensed in other jurisdictions to practice law in Idaho without the requirement of taking the Bar Examination, provided that their practice is limited to internal counseling and practice limited to the business of his or her employer.

The essential elements for a House Counsel License are:

(1) Meets the qualifications for admission under Rule 202;
(2) Maintains an office for the practice of law limited to a house counsel practice within the state of Idaho on behalf of his or her employer;
(3) Is admitted to practice law before the highest court of a state or territory of the United States or the District of Columbia whose requirements for admission are commensurate with Idaho, including passing a qualifying bar examination for such admission;
(4) Is employed as house counsel by a company, association or other business entity whose business is not engaged in the selling or furnishing of legal advice or services to others;
(5) Is not currently suspended or disbarred in any state in which the Applicant is admitted; and
(6) Has submitted:
(A) Proof of employment with the company, association or other business entity; or
(B) Confirmation of an offer of future employment with the company, association or other business entity, provided that the house counsel license shall not be effective until such employment commences.

Pro Hac Vice

Limited Admission/Pro Hac Vice

Except as otherwise provided in Idaho Bar Commission Rule 227, only active members of the Idaho State Bar may enter appearances for a party, sign stipulations or receive payment or enter satisfaction of judgment, decree, or order in Idaho. Attorneys who are not active members of the Idaho State Bar may petition an Idaho court for permission to appear pro hac vice pursuant to IBCR 227.

For further information visit the Idaho State Bar Page on Limited Admission/Pro Hac Vice

The Idaho Appellate Court Rule 9 allows, upon order of the Supreme Court and association of an Idaho licensed attorney, the applicant to appear before the court.

Admission on Motion

Pursuant to Idaho Bar Commission Rule 206A reciprocity is required to be admitted on motion.

Contact

Idaho State Bar and Idaho Law Foundation, Inc.
Mailing Address:
PO Box 895
Boise, Idaho 83701

Street Address:
The Law Center
525 West Jefferson Street
Boise, Idaho 83702
Phone (208) 334-4500
Fax (208) 334-4515 or (208) 334 2764