Darren Fulcher is a solo practitioner who primarily practices personal injury and criminal defense law. In 2011, he was admonished after an overdraft of his trust account. The chief disciplinary counsel suggested Fulcher attend a continuing legal education course regarding trust accounts. Fulcher never attended the class. In 2021, the chief disciplinary counsel sought to discipline Fulcher for providing financial assistance to a client, trust account violations, and conduct involving misappropriation, dishonesty and deceit. The alleged misconduct was discovered after a client’s complaint prompted an audit. The audit revealed Fulcher failed to reimburse multiple clients and third parties fully until the chief disciplinary counsel requested proof of payment as part of the audit. Fulcher’s trust account balance also fell below the amount necessary to pay the combined undisbursed client funds on multiple occasions. Fulcher admitted to the majority of the allegations but maintained he was not dishonest and did not take his clients’ money. Rather, he attributed the problems to being bad at record-keeping and failing to reconcile his trust account. Following a hearing, a disciplinary panel recommended Fulcher be suspended indefinitely with no leave to apply for reinstatement for one year, the suspension be stayed, and Fulcher be placed on probation for two years. The chief disciplinary counsel rejected the panel’s recommendation, arguing Fulcher is not eligible for probation because of the misappropriation of client funds and should be suspended indefinitely without leave to apply for reinstatement for two years. 

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