Effective Tuesday, the Supreme Court of Tennessee permanently disbarred David James Fulton from the practice of law and ordered him to pay all costs incurred to the Board of Professional Responsibility (“Board”). The Board filed a Petition for Discipline against Mr. Fulton, and the disciplinary matter was tried before a Hearing Panel on March 24.
The Hearing Panel found that Mr. Fulton: (1) failed to provide professional services for which he had been retained and abandoned representation of his client, (2) failed to reasonably communicate with his client and respond to multiple requests for information, (3) failed to diligently and competently advance his client’s case forward, (4) made intentional misrepresentations and omissions of critical facts to the Court on multiple occasions, (5) consciously disregarded a Court Order related to the retention and dissemination of client funds, and (6) misappropriated $54,004.24 of client funds for his personal benefit and without his client’s or the Court’s knowledge or permission.
The Hearing Panel found the conduct of Mr.
Fulton violated Rules of Professional Conduct (“RPC”) 1.1 (competence), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.8 (conflict of interest),1.15 (safekeeping property) 3.3 (candor to the tribunal), 3.4 (fairness to opposing party), 4.1 (truthfulness in statements to others), 8.1(b) (disciplinary matters), 8.4(b) (criminal conduct), 8.4(c) (conduct involving dishonesty), and 8.4(d) (prejudice to the administration of justice).
Mr. Fulton previously had been temporarily suspended by Order of summary suspension entered April 9, 2024, by the Tennessee Supreme Court, for misappropriation of funds. Pursuant to the Order of the Supreme Court disbarring Mr. Fulton, the prior temporary suspension is dissolved.
Mr. Fulton must comply with the requirements of Tennessee Supreme Court Rule 9, Section 28, regarding the obligations and responsibilities of disbarred attorneys.
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