Unlawful practice of law — Penalty.
If any person shall, without having become duly admitted and licensed to practice law within this state or whose right or license to practice therein shall have terminated either by disbarment, suspension, failure to pay his license or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within this state, he shall be guilty of an offense under this act, and on conviction thereof be fined not to exceed five hundred dollars ($500), or be imprisoned for a period of not to exceed six (6) months, or both, and if he shall have been admitted to practice law he shall in addition be subject to suspension under the proceedings provided by this act.
Notes of Decisions
Cited in
10
cases (
7 in the last 5 years), 1977–2025 · leading case:
State v. Wees, 58 P.3d 103 (Idaho Ct. App. 2002).
State v. Wees, 58 P.3d 103 (Idaho Ct. App. 2002).
· cites it 21× “The district court disagreed with the magistrate’s holding that Idaho Code § 3-420 , prohibiting the unlawful practice of law, is unconstitutional for vagueness.”
In Re Bush, 275 B.R. 69 (Bankr. D. Idaho 2002).
· cites it 3× “See Idaho Code § 3-420 . He indicated that a magistrate judge found this state statute void for vagueness, but that the district court overturned that decision.”
Idaho State Bar v. Smith, 513 P.3d 1154 (Idaho 2022).
· cites it 2× “I.C. § 3-420. We strongly caution Smith to adhere to the restrictions imposed in this opinion so as not to face criminal repercussions in addition to the civil sanctions and consequences already imposed.”
Matter of Depew, 560 P.2d 886 (Idaho 1977).
· cites it 2× “§ 3-104 1 and I.C. § 3-420 2 and also the suspension order of this court.”
Beck v. Elmore Cnty. (Idaho 2021).
· cites it 4× “We conclude that the magistrate court acted without jurisdiction by initiating contempt proceedings against Beck without a motion filed by the Elmore County Prosecutor.”
Harris v. Puegh (D. Idaho 2024).
· cites it 2× “I.C. § 3-420. IV. CONCLUSION Upon review of Plaintiff's In Forma Pauperis Application, the Court finds Plaintiff has not demonstrated he lacks financial resources to pay the filing fee in this suit.”
Orr v. State Prosecutor (D. Idaho 2024).
· cites it 2× “See Idaho Code § 3-420 . The Court notes that another judge in this District recently warned Meiller to stop acting as non-attorney for pro se plaintiff Marcus A.”
Miller v. Idaho State Hosp. South (D. Idaho 2025).
· cites it 2× “See Idaho Code § 3-420 . PREJUDICE. Miller may amend her Complaint and refile on her own behalf if she so chooses.”
Riverton Citizens Grp. v. Bingham Cnty. Commissioners (Idaho 2023).
“§ 3-420 (the unauthorized practice of law is a misdemeanor, punishable by a fine “not to exceed five hundred dollars ($500), or [imprisonment] for a period of not to exceed six (6) months, or both .”
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