Attorney who exposed himself, allegedly stole client funds, resigns

An Indianapolis attorney who in the past three years was charged with indecency, public nudity and theft has resigned from the Indiana bar.

A little more than a month after Raymond Fairchild was charged with Level 5 felony theft for allegedly taking more than $50,000 from the proceeds of a client’s litigation settlement, the Indiana Supreme Court accepted his resignation from the bar in a Friday order.

In July, Marion County Prosecutor Terry Curry’s office announced the theft charge against Fairchild after he allegedly took $53,226.35 from the award of a $100,000 wrongful death settlement for the loss of his client’s husband. Fairchild was representing the client in two civil lawsuits against the driver of the vehicle that struck and killed her husband, and the employer of the driver, according to a probable cause affidavit.

After the settlement, Fairchild filed a petition to put $53,226.35 of the settlement into an account for the deceased’s daughter, and to pay $6,773.65 for funeral expenses and $40,000 for his attorney fees. He was suspended from the practice of law for 180 days without automatic reinstatement in September 2016, however, for failure to act in a proposed medical malpractice complaint. Fairchild then asked attorney Brent Jones to take over representation of the client in the second wrongful death lawsuit against the driver’s employer, according to the affidavit.

When the client tried to deposit money into the account Fairchild was supposed to have opened for her daughter, the bank stated no account had ever been opened. Fairchild told Jones the missing funds were safe but provided no documentation as to where the money was, the affidavit said. The client was then referred by Jones to Forrest Bowman to represent her in recovering the $53,226.35. Eventually the client filed a complaint with the Indiana Supreme Court Disciplinary Commission in February 2019.

About a month after the second lawsuit was resolved for roughly $120,000, Jones instructed Bowman to deposit the money into a restricted trust account for the daughter. Fairchild began showing up at Jones’ office, and once at his home, asking for a percentage of the settlement, according to the affidavit.

Although he deposited the $100,000 check and paid the funeral home, Fairchild was later discovered by Indianapolis Metropolitan Police to have failed to release any funds to the client, her daughter or the estate of the deceased from the settlement.

A jury trial in Fairchild’s theft case is currently scheduled for October 18 before Judge Lisa Borges in in Marion Superior Criminal Division 4.

Fairchild also ran into legal trouble in 2017 after he was accused of exposing himself to a busload of high school students. He was accused of pulling his car alongside a Northern Wells Community School District bus while traveling on Interstate 70 and exposing his genitals to the girls basketball team on board. A Union City girls basketball team also came forward with a similar story and identified Fairchild as the man who had exposed himself to them on a different occasion.

Fairchild faced six charges for those acts and ultimately pleaded guilty to two counts of public indecency. He was sentenced to two years’ probation in October 2018.

The resigned attorney was admitted to practice in 1971 and had face prior disciplinary proceedings, according to the Indiana Roll of Attorneys. His Friday resignation represents “an acknowledgement that there is presently pending an investigation into or a proceeding involving allegations of misconduct and that (Fairchild) could not successfully defend himself if prosecuted.”

Fairfield’s resignation dismissed the disciplinary proceedings against him. He can petition for reinstatement to the bar in five years but must prove by clear and convincing evidence that he is remorseful, rehabilitated and fit to practice law.

The costs of the proceeding are assessed against him. All justices concurred.