Jennifer Fisher was licensed in 1985. In 2019, the office of chief disciplinary counsel was notified of an overdraft on Fisher’s trust account. A subsequent audit of the trust account revealed the account balance frequently fell below the amount necessary to pay settlement proceeds to clients; Fisher deposited her own funds into the trust account; some clients did not receive timely payment of the amounts owed to them; funds due to clients and third-parties were transferred into Fisher’s operating account; and funds were withdrawn from the account before being earned by Fisher. A disciplinary panel conducted a hearing and found Fisher’s conduct violated several provisions of Rule 4-1.15 pertaining to the management of trust accounts as well as Rule 4-8.4(c), which prohibits engaging in dishonest, fraudulent, and deceitful acts, such as the misappropriation of client funds. The panel further concluded there were no aggravating circumstances but found the absence of selfish motive, the attempts to rectify her wrongs, and her remorse constituted mitigating factors. The panel recommended that Fisher be suspended with no leave to apply for reinstatement for a year, that the suspension be stayed, and that Fisher be placed on probation for one year. The office of chief disciplinary counsel rejected the panel’s recommendation and argues to this Court that the proper discipline for Fisher is suspension with no leave to reapply for two years because lawyers cannot qualify for probation when the violation includes the misappropriation of funds.

This case presents two questions for this Court – whether Fisher violated rules of professional conduct and, if so, what discipline, if any, is appropriate.