Rule 1205 - Confidentiality and Immunity; Records(a)Confidentiality/Records. All records of the LAP Program shall be confidential. The LAP shall not maintain permanent records relating to the names of the participants or the nature of their participation. Each person who is the subject of any form of inquiry under these Rules shall be assigned a number, which shall thereafter be used in any subsequent action taken by the LAP Committee, the LAP Program or the Program Coordinator.(b)Immunity.(1)Absolute. Such appointee or appointees shall be immune from civil liability for acts and omissions in the performance of duties under this Rule, except for demonstrated fraudulent or malicious conduct, so long as he or she or they are acting: (A) Pursuant to any order made under or pursuant to these Rules; or(B) Pursuant to any like or similar order directing or providing for legal assistance to clients or of persons adversely affected by the lawyer; or(C) Pursuant to this particular Rule or any similar request or direction by the Idaho State Bar of an appointed or acting lawyer to so act in the public interest or for the protection of any member of the public.(2)No Immunity. The provisions of this Rule shall not, however, provide immunity to any lawyer, whether or not appointed and whether or not originally concerned with the matter by reason of any appointment, order or relationship of the kinds enumerated above, if it be legal work which he or she has agreed to do for a fee which has been privately negotiated with, and agreed to by, the client.(3)Qualified Immunity. Notwithstanding the provisions of subsection (2) of this Rule, to the extent that a lawyer provides services under this Rule, which work or services reasonably and equitably justifies the charging or reserving of a fee for legal services, qualified immunity shall apply even though such fee be fixed and charged if the same is pursuant to the appointing or authorizing authority or the Supreme Court and is not pursuant to a negotiated private fee arrangement with such client.(A)Fees Allowed by Court. This Rule shall not be construed to limit or preclude the Supreme Court or appointing authority from allowing reasonable fees in proper cases for work done pursuant to any directive, order or authorization in keeping with these Rules, which fees may be accepted without waiver of or prejudice to the qualified immunity herein above provided so long as the fees are not privately negotiated.(c)Referrals. Any attorney member of the Idaho State Bar may contact the LAP seeking assistance or may be referred by any other source.(d)Location of Facility. The LAP office should be located outside the Idaho State Bar office and maintain an "800" confidential hotline number. Only the LAP staff should have access to receiving calls on the "800" hotline number.