Idaho’s State Bar and Lawyer Malpractice

I experienced lawyer malpractice with my first two attorneys, so I turned to the Idaho State Bar. Yet, when my complaints were brought, their response was totally inadequate, dismissive, and outright different. The “investigation” they do is no more than a farce, and the attorneys were held accountable for their obvious and egregious behavior.

The Problem with the Idaho State Bar

The Idaho State Bar, like many state bar associations, is tasked with regulating the legal profession and protecting the public. However, I argue that it falls short in several key areas:

1. High Bar for Discipline: The Idaho State Bar sets a high threshold for investigating and disciplining attorneys. Unless the misconduct is blatant or involves serious ethical violations (like theft or fraud), many complaints are dismissed. This leaves clients who’ve suffered from negligence or incompetence without recourse.

2. Lack of Transparency: The complaint process in Idaho is often opaque. Many complainants report receiving little to no explanation for why their grievances were dismissed, leaving them feeling ignored and powerless.

3. Focus on Intentional Misconduct: The Idaho State Bar tends to prioritize cases involving intentional wrongdoing over negligence. Missing critical deadlines, failing to communicate, or providing bad legal advice—while devastating to clients—are often dismissed as mere “errors in judgment” rather than actionable misconduct.

4. Conflict of Interest: The Idaho State Bar serves a dual role: regulating lawyers and advocating for their interests. This creates a potential conflict of interest, as the Bar may prioritize protecting the reputation of the legal profession over addressing individual grievances.

5. Public Criticisms: Over the years, the Idaho State Bar has faced public criticism for its perceived lack of accountability. For example, some Idaho attorneys have been accused of serious misconduct, only to receive minimal or no discipline from the Bar. This has led to concerns that the Bar is more focused on protecting its members than serving the public.

A System in Need of Reform

The Idaho State Bar’s current approach to lawyer malpractice leaves many clients feeling abandoned. When the very organization tasked with holding lawyers accountable fails to act, it undermines public trust in the legal system. In my opinion, the Idaho State Bar essentially does nothing, and the self-politicing is effectively non-existent.

Conclusion

The Idaho State Bar has a responsibility to protect the public and ensure that lawyers meet professional standards. However, its current system often fails to hold attorneys accountable for negligence or incompetence. For Idahoans who have suffered due to lawyer malpractice, this is a deeply frustrating reality. By advocating for greater transparency, accountability, and reform, we can work toward a system that truly serves the public interest.