Idaho Bar Comm. R. 706

As amended through September 30, 2024
Rule 706 - Effect of the Decision
(a) In any case in which all parties have agreed to be bound by the arbitration, any decision rendered shall be binding upon both parties to the extent provided by Idaho Code Sec. 7-901 et seq. and may be enforced by any court of competent jurisdiction.
(b)* If the decision holds that the participating attorney or attorneys who consented to binding arbitration are not entitled to any portion of the disputed fee, service of a copy of such award on said attorney or attorneys shall:
(1) Terminate all claim and interest of the participating attorney or attorneys against the participating client or clients in respect to the subject matter of the arbitration;
(2) Terminate all right of such attorney or attorneys to retain possession of any documents, records or other properties of such client or clients pertaining to the subject matter of the arbitration then held under claim of attorney's lien or for other reasons.

*(Section (b) amended 3-15-91)

(c) If the subject matter of an award in favor of an attorney or attorneys who have consented to binding arbitration involves pending litigation and a client or clients, for good reason, shall be unable to promptly pay in the full amount of any award rendered against him or her or them, application may be made to the court having jurisdiction for a determination of means deemed to adequately secure payment. If such a determination shall be made and the terms thereof be promptly fulfilled by the client or clients, such compliance shall entitle the client to the relief specified in subsection (b) of these Rules.

Id. Bar Comm. R. 706

Section (b) amended 3/15/1991; Rule 706 amended 2/13/1992; Effective 7/1/1992; and amended 3/17/2005; Effective 7/1/2005.