Rule 800 - Purpose - Jurisdiction - Effective Date(a)Statement of Purpose. The public interest requires that in securing professional advice and assistance upon matter affecting one's legal rights one should have assurance of the competence and integrity of his or her representative and should enjoy freedom of full disclosure under a recognized privilege of confidentiality. To protect this public interest it is deemed necessary to establish guidelines for the investigation of complaints, and the procedures to be followed to eliminate the unauthorized practice of law as provided by Idaho Code Secs. 3-401 and 3-420.(b)* Jurisdiction. Pursuant to the provisions of Article II, Section 1, of the Constitution of the State of Idaho, the Idaho Supreme Court has inherent jurisdiction to prohibit the unauthorized practice of law. Nothing contained herein is intended to limit the inherent authority of the Idaho Supreme Court or the authority of any other Idaho court to regulate the matters coming before it, including attempts to practice law by persons not licensed to practice law before said courts. All Idaho courts have inherent judicial powers to prohibit and to punish the unauthorized practice of law before them, and the Idaho State Bar encourages the use of such direct power to eliminate the unauthorized practice of law whenever necessary or appropriate. *(Section (b) amended 6-10-98 - effective 7-1-98)
(c)Authority to Promulgate Rules. Pursuant to the authority granted in Idaho Code Sec. 3-408, and subject to approval of the Idaho Supreme Court, the Board of Commissioners of the Idaho State Bar, as an official arm of the Supreme Court, hereby promulgates the following rules for the conduct of proceedings relating to the unauthorized practice of law.(d)Effective Date. These rules shall become effective on July 1, 1986. Any formal proceeding then pending shall be concluded under the procedure existing prior to the effective date of these Rules.Section (b) amended 6/10/1998; effective 7/1/1998.