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12 Advocate 1 (1969)

handle is hein.barjournals/adisb0012 and id is 1 raw text is: Vol. 12, No. I                                Boise, Idaho                               January, 1969

Consider Insurance
For Legal Services
A Review by Wayne Fuller
A study commissioned by the Amenri-
cin Bar Foundation has undertaken to
explore the feasibility of insurance for
legal services. The study, conducted by
Prufessor Preble Stolz of the University
of California Law School, examines the
basic problems and proposes a model
legal insurance program. The object of
legal insurance is to provide the middle
class persons with a means of financing
legal services. It is believed there are a
large number of persons of modest
means who occasionally need a lawyer
and who might benefit from legal insur-
ance. It is also assumed the poor's need
for legal services will be met through
OEO and other legal aid programs.
Stolz identifies four characteristics of
the practice of law that make difficult
any financing of legal insurance. First,
a major portion of the income in private
practice is derived from business and
commercial clients. But it is assumed
legal insurance would be only for per-
sonal legal services. A distinction be-
tween business and personal legal ex-
pense would be a vital element in any
workable insurance plan.
Second, legal problems tend to in-
crease with the size and value of prop-
erty ownership. Legal insurance would
have to be designed to limit benefits;
otherwise wealthier policyholders would
use a disproportionate amount of in-
sured legal services.
Third, some legal services are well
defined but others are not. Sometimes a
lawyer is called upon for financial or
personal advice. In a legal insurance
program there would have to be a stand-
ard to prevent any abuse for consulta-
tions for non-legal advice.
Fourth, the cost of legal services acts
as a regulator on the amount of services
provided in a particular case. If prop-
erty involved in a dispute has a value of
$10,000.00, then there is a practical limit
on the amount of fees a client will incur
to protect his interests. Legal insurance
(Continued on Page Two)

Banquet Tickets Available
To Honor Retiring
Supreme Court Justices
Don J. McClenahan, Chairman of the
Boise Bar Association's committee in
charge of arrangements for the banquet
honoring retiring Justices E. B. Smith
anl C. J. Taylor, has announced that
tickets for the event are available
through the office of the Idaho State
Bar, Box 835, Boise, Idaho 83701. The
banquet will be held on February 21,
1969, at the Downtowner Motel in Boise.
The no-host social hour will begin at
7:00 p.m. followed by the banquet at
8:00 p.m. The price of the banquet
tickets will be $12.50 per couple.
Please make checks payable to Boise
Bar Association.
NOTICE TO LOCAL
BAR ASSOCIATIONS
ABA Film Strips on Should You In-
corporate and How To Incorporate
are available to the District Bar Asso-
ciations for viewing upon request to the
Bar Office, Box 835, Boise, Idaho. Any
District Bar Association interested in
obtaining this film strip should write
and reserve a time and the film strips
will be mailed to a responsible bar asso-
ciation officer.
The film strips will operate on either
an automatic or manual 35 mm. film
strip projector and there are accompany-
ing 33 1/3 rpm long playing records
which narrate the film strips. The film
strips have been prepared by the Ameri-
can Bar Association Section on Corpora-
tion, Banking and Business Law.
NOTICE
Paul Boyd, Referee in Bankruptcy,
has announced that all petitions in bank-
ruptcy must include either the bank-
rupt's social security number or the em-
ployer identification number. This must
be carried following the name of the
bankrupt.

Completes Study Of
Corrections In Idaho
The Legislative Council Committee on
Post-Conviction authorized by the 39th
Session of the Idaho Legislature has re-
cently concluded 15 months of work on
a report concerning adult corrections in
Idaho. Byron J. Johnson of the firm of
Elam, Burke, Jeppesen & Evans in Boise
has represented the Idaho State Bar as
an advisory member of this committee
by recommendation of the Commission-
ers.
Johnson recently reported in a letter
to the Commissioners concerning his
service on the committee that during its
existence the committee met three times
in Boise and once at the Youth Training
Center in St. Anthony. For purposes of
the committee's study of the Idaho State
Penitentiary and the correctional pro-
gram in Idaho, the Legislative Council's
staff produced several memoranda giv-
ing a background of both the law and
the development of corrections in Idaho.
Upon recommendation by the com-
mittee and its advisory members, the
legislature meeting in special session ap-
propriated $15,000 by joint resolution
for the funding of a professional study
of the 'daho State Penitentiary, adult
probation and parole in Idaho, the feasi-
billty of instituting  work-release and
pre-release programs at the penitentiary,
the organizational structures  of the
State's adult correctional system, and
the State's role in city and county de-
tention facilities. The American Cor-
rectional Association  report was for-
warded to the Legislative Council on
October 30, 1968.
On November 18, 1968, the Post-Con-
viction Committee met and adopted a
substantial portion of the recommenda-
tions of the American Correctional As-
sociation. The committee recommenda-
tions were as follows:
Recommendations
1. That a trained correctional admini-
strator with experience in probation and
parole and institution administration be
hired an given full responsibility for
the development and management of the
(Continued on Page Four)

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