2024 was another busy year for Bar Counsel’s Office. Our efforts were primarily divided into four categories: (1) investigating and prosecuting alleged violations of the Idaho Rules of Professional Conduct; (2) assisting with claims to the Client Assistance Fund; (3) assisting the Board of Commissioners, the Character and Fitness Committee, and the Reasonable Accommodations Committee in admissions and licensing matters; and (4) answering ethics questions.

Grievance Investigations and Discipline

There were 378 attorney grievances filed in 2024, which is slightly less than the 399 grievances filed in 2023. Bar Counsel’s Office closed 382 grievance investigations in 2024.

Bar Counsel’s Office filed 11 cases with the Professional Conduct Board seeking formal discipline in 2024. Most cases resulted in stipulated resolutions with the attorneys. Six of those cases resulted in the lawyers stipulating to resign their licenses in lieu of disciplinary proceedings, which has the same effect as disbarment.

An alleged violation of the Idaho Rules of Professional Conduct is submitted as a “grievance” for investigation to Bar Counsel’s Office. If our investigation establishes that there were no violations of the Rules or if there is insufficient clear and convincing evidence to prove that a violation has occurred, the grievance is dismissed. If we find clear and convincing evidence of a violation of the Rules, the attorney may receive private discipline in the form of an informal admonition or a private reprimand or, in some cases, formal charges may be filed. If the attorney receives private discipline, the grievant will be informed of the sanction in writing but information concerning an attorney’s private discipline is not released to the public by Bar Counsel’s Office. Grievances resulting in formal charges can involve sanctions ranging from public reprimand to disbarment.

Client Assistance Fund

In 2024, the Client Assistance Fund received 22 claims, up from 14 claims filed in 2023.

The Client Assistance Fund is available to compensate clients who have suffered damages due to the “dishonest conduct” of an attorney. The claims usually involve theft, embezzlement, or the attorney’s failure to return unearned fees to the client. Bar Counsel’s Office assists the Client Assistance Committee in administering claims, attending meetings, and preparing Findings of Fact, Conclusions of Law, and Recommendations regarding Client Assistance Fund claims.

Admissions and Licensing

Bar Counsel is the lawyer for the Board of Commissioners, the Character and Fitness Committee, and the Reasonable Accommodations Committee. In this role, Bar Counsel’s Office assists with admissions and licensing investigations and prepares Findings of Fact, Conclusions of Law, and Recommendations following those investigations. Bar Counsel’s Office also represents the Board of Commissioners in admissions and licensing petitions filed with the Idaho Supreme Court, including requests to waive a particular Idaho Bar Commission Rule and review of denied admissions or licensing requests.

Admissions and licensing matters are confidential under the Idaho Bar Commission Rules.

Ethics Questions

In 2024, Bar Counsel’s Office answered 1,462 ethics questions, up from 1,294 ethics questions answered in 2023. The most common questions in 2024 again related to conflicts of interest and attorney’s responsibilities upon termination of the representation.

All three attorneys in Bar Counsel’s Office (Joe Pirtle, Julia Crossland, and Caralee Lambert) respond to ethics questions. We prefer assisting attorneys with ethics questions before there is a possible violation or harm to the public. We appreciate callers who review the Idaho Rules of Professional Conduct before seeking our assistance. Bar Counsel’s Office treats ethics inquiries confidentially. We do not, however, provide advice on substantive legal issues.

Joseph N. Pirtle joined Bar Counsel’s office in April 2022. Prior to that, Joe was a shareholder and civil litigation attorney with Elam & Burke in Boise. Joe received his B.S. in business finance from the University of Idaho in 2001 and his J.D. from the University of Idaho College of Law in 2004.