Table 2

Additional Civil and Family Cases

Case	Summary
In re: Gole (Supreme Court of Indiana)⁴⁰	The Indiana Supreme Court Disciplinary Commission charged attorney Richard Gole with two counts of professional misconduct after clients reported that he made sexually explicit remarks to them. The commission and Mr. Gole reached an agreement to impose a six-month suspension from the practice of law with conditional probation. The parties cited Mr. Gole’s diagnosis of sexual addiction as a mitigating factor. They also alluded to his subsequent treatment in a 12-step group and his voluntary participation in a psychiatric evaluation that found him to present a low risk of recidivism. At the commission’s request, Mr. Gole was also evaluated by a psychologist, who determined that his efforts to address his sexual addiction appeared substantial and sincere. The Indiana Supreme Court approved the conditional agreement.
In re: Vogel (Supreme Court of Tennessee, At Nashville)⁴¹	The Board of Professional Responsibility initiated disciplinary proceedings against attorney Robert Vogel for engaging in sexual intercourse with a client whom he had employed while representing. The Hearing Panel petitioned the court for an order enforcing a suspension from the practice of law for one year, with all but 30 days to be serviced on probation. A psychologist testified that sexual addiction is a treatable condition and is a type of impulse control disorder, which is “recognized in the DSM […] similar to alcoholism” (Ref. 41, p 527). He stated that Mr. Vogel was “compliant with all the elements of the monitoring agreement” and believed it was unlikely Mr. Vogel would engage in similar conduct (Ref. 41, p 528). The Tennessee Supreme Court found the Hearing Panel’s judgment inadequately lenient and moved to impose a 12-month suspension, all of which would be considered active suspension.

Case

Summary

In re: Gole (Supreme Court of Indiana)⁴⁰

The Indiana Supreme Court Disciplinary Commission charged attorney Richard Gole with two counts of professional misconduct after clients reported that he made sexually explicit remarks to them. The commission and Mr. Gole reached an agreement to impose a six-month suspension from the practice of law with conditional probation. The parties cited Mr. Gole’s diagnosis of sexual addiction as a mitigating factor. They also alluded to his subsequent treatment in a 12-step group and his voluntary participation in a psychiatric evaluation that found him to present a low risk of recidivism. At the commission’s request, Mr. Gole was also evaluated by a psychologist, who determined that his efforts to address his sexual addiction appeared substantial and sincere. The Indiana Supreme Court approved the conditional agreement.

In re: Vogel (Supreme Court of Tennessee, At Nashville)⁴¹

The Board of Professional Responsibility initiated disciplinary proceedings against attorney Robert Vogel for engaging in sexual intercourse with a client whom he had employed while representing. The Hearing Panel petitioned the court for an order enforcing a suspension from the practice of law for one year, with all but 30 days to be serviced on probation. A psychologist testified that sexual addiction is a treatable condition and is a type of impulse control disorder, which is “recognized in the DSM […] similar to alcoholism” (Ref. 41, p 527). He stated that Mr. Vogel was “compliant with all the elements of the monitoring agreement” and believed it was unlikely Mr. Vogel would engage in similar conduct (Ref. 41, p 528). The Tennessee Supreme Court found the Hearing Panel’s judgment inadequately lenient and moved to impose a 12-month suspension, all of which would be considered active suspension.