Idaho Code 3-301 – Grounds
Current as of: 2023 | Check for updates
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An attorney and counselor may be removed, suspended, or reprimanded by the Supreme Court and by the district court for either of the following causes arising after his admission to practice:
1. His conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence.
Terms Used In Idaho Code 3-301
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. Wilful disobedience or violation of an order of the court, requiring him to do or forbear an act connected with or in course of his profession, and any violation of the oath taken by him or his duties as such attorney and counselor.
3. Corruptly and without authority appearing as attorney for a party to an action or proceeding.
4. Lending his name to be used as an attorney and counselor by any other person who is not an attorney and counselor.
5. Failure for ten (10) days after written demand, and payment or tender of the fees and expenses due him from his client to pay over or deliver any money or other property belonging to his client which he shall have received in his office of attorney or counselor in the course of collection or settlement of any claim or demand.
6. Habitual intemperance to such an extent that it disqualifies such attorney from faithfully discharging the duties devolving upon him; and in all cases where an attorney is removed or suspended by a district court the judgment or order of removal or suspension may be reviewed on appeal by the Supreme Court.