Department Report: Bar Counsel’s Office by Joseph N. Pirtle

colorful file folders with sky in the background

Bar Counsel’s Office saw many changes in 2025. Deputy Bar Counsel Julia Crossland retired after nearly 26 years of service. Julia helped many individuals harmed by dishonest lawyer conduct. She also provided thoughtful ethics advice and protected the public through her discipline investigation and formal charge cases.

While we were sad to see Julia go, we were excited to welcome two great individuals to our office: Jessica Kline and Samantha Lundberg. Both have been wonderful additions, providing excellent service to the Idaho State Bar and its members.

In 2025, we primarily divided our work into four categories: (1) investigating and prosecuting alleged violations of the Idaho Rules of Professional Conduct; (2) answering ethics questions; (3) assisting the Board of Commissioners, the Character and Fitness Committee, and the Reasonable Accommodations Committee in admissions and licensing matters; and (4) assisting with claims to the Client Assistance Fund.

Grievance Investigations and Discipline

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. However, 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.

There were 522 attorney grievances filed in 2025. That was a significant increase from the 378 grievances filed in 2024. Increased grievance filings is unfortunately a national trend. Nevertheless, Bar Counsel’s Office closed 469 grievance investigations in 2025, up from the 382 grievance investigations closed in 2024.

Bar Counsel’s Office also filed nine cases with the Professional Conduct Board seeking public sanctions in 2025. Most of those cases resulted in stipulated resolutions with the attorneys.

Ethics Questions

All three attorneys in Bar Counsel’s Office (Joe Pirtle, Caralee Lambert and Samantha Lundberg) answer to ethics questions. We treat ethics inquiries confidentially and very much appreciate callers who review the Idaho Rules of Professional Conduct before seeking our assistance. We do not, however, provide advice on substantive legal issues.

Bar Counsel’s Office answered 1,669 ethics questions in 2025, up from 1,462 ethics questions answered in 2024. Common themes in 2025 were again conflicts of interest, disagreements with clients regarding case strategy, and the attorney’s responsibilities upon termination of the representation.

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.

Client Assistance Fund

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.

In 2025, the Client Assistance Fund received 13 claims, down from the 22 claims filed in 2024. Since January 2021, the Client Assistance Fund has paid $161,836 on 46 claims.

Joseph N. Pirtle joined Bar Counsel’s office in April 2022. Before joining Bar Counsel’s Office, 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.