As amended through November 5, 2024
Rule 805 - Investigation and Preliminary Proceedings(a)Investigation. All investigations shall be conducted by Bar Counsel under the authority and direction of the Standing Committee.(b)Action by Standing Committee. The Standing Committee shall review each complaint of unauthorized practice and the report of any investigation by Bar Counsel and may, in its discretion, without Board approval: (1) close the matter without taking further action;(2) cause to be issued a cease and desist letter seeking voluntary compliance with unauthorized practice laws from the respondent;(3) refer the matter to the appropriate county prosecutor for action under Idaho Code § 3-420; or(4) recommend to the Board that the Idaho State Bar initiate judicial action against the respondent seeking such remedies as may be provided by law.(c)Board Action. Upon receipt of the Standing Committee's recommendations, the Board shall review the matter and upon such review, the Board may: (1) Adopt, modify or reject the recommendations of the Standing Committee.(2) Remand the matter to the Standing Committee for further investigation.(3) Seek assurance of voluntary compliance.(4) Approve the initiation of any appropriate judicial action, whether civil or criminal, in any court of competent jurisdiction, to enforce the state's unauthorized practice statutes, rules and case law, including, for example, referring the matter to a county prosecutor for action under Idaho Code § 3-420.Rule 805 amended 3/15/1991; and 6/10/1998; effective 7/1/1998.