In re Robert Lee Vogel, BPR #023374

The Board of Professional Responsibility (“Board”) initiated disciplinary proceedings against attorney Robert Lee Vogel based upon two unrelated complaints of professional misconduct. A hearing panel (“Panel”) determined that Mr. Vogel had violated the Rules of Professional Conduct (“RPC”) and entered a judgment suspending Mr. Vogel from the practice of law. The Panel subsequently clarified the sanction in an “Agreed Order Amending the Hearing Panel’s Findings of Fact and Conclusions of Law” (“Agreed Order”). The Agreed Order provided that Mr. Vogel would be suspended from the practice of law for one year, with all but thirty days of the suspension to be served on probation. Mr. Vogel’s probation would be conditioned upon his compliance with the terms of his Tennessee Lawyer’s Assistance Program (“TLAP”) agreement, completion of his treatment and counseling program, and weekly attendance at two twelve-step meetings. The Board petitioned this Court for an order enforcing the Panel’s judgment and the Agreed Order. Pursuant to Tennessee Supreme Court Rule 9, section 8.4, we determined that the punishment imposed by the Panel appeared inadequate and proposed that it be increased. Mr. Vogel subsequently requested oral argument, which we granted. The issue before the Court is whether the punishment imposed by the Panel is in uniformity with prior disciplinary decisions in this state and appropriate under the circumstances of this case. Upon a thorough review of the record and the applicable law, we hold that it is not. Accordingly, we modify the Panel’s judgment to impose a one-year suspension from the practice of law, with the entire suspension to be served on active suspension.