Idaho Bar Comm. R. 1307

As amended through November 5, 2024
Rule 1307 - Bar Approval of Financial Institutions - Notification
(a) Financial institutions, to be eligible to act as depositories for trust accounts, must be approved by the Bar. Lawyers shall not maintain a trust account in a financial institution that is not approved by the Bar pursuant to these Rules.
(b) To obtain Bar approval as a depository for trust accounts, a financial institution shall file with the Bar a notification agreement in a form provided by the Bar that requires the financial institution to report to Bar Counsel if any properly payable instrument is presented against a trust account containing funds insufficient to honor the instrument in full, irrespective of whether the instrument is honored. For purposes of this subsection, "properly payable" refers to an instrument that would require payment under Idaho law if presented in the normal course of business.
(c) Notification to Bar Counsel by the financial institution shall be provided in the following form:
(1) For a dishonored instrument, the report shall be identical to the overdraft notice customarily forwarded to the depositor; or
(2) For instruments that are presented against insufficient funds but which are honored, the report shall identify the financial institution, the lawyer, the account number, the date of presentation for payment, the date of payment and the overdraft amount.
(d) Reports by financial institutions to Bar Counsel shall be made simultaneously with, and within the time provided by law for notice of dishonor, if any. If an instrument presented against insufficient funds is honored, the report shall be made within five (5) banking days of the date of presentation for payment.
(e) The notification agreement of a financial institution shall apply to all branches of the financial institution and shall not be canceled except upon thirty (30) days' written notice to the Bar.
(f) The Supreme Court may establish additional rules governing approval and termination of approved status for financial institutions.
(g) The Bar shall publish a list of approved financial institutions on its website and provide a copy of that list upon request.
(h) Nothing in this Rule precludes a financial institution from charging a lawyer for the reasonable cost of producing reports or other records required by this Rule.
(i) Disclosures made pursuant to these Rules shall be confidential except as may otherwise be provided in formal charge proceedings under I.B.C.R. 521.

Id. Bar Comm. R. 1307