## Facts

- William M. Hawkins, an Indiana attorney, represented a client charged with two counts of operating a vehicle while intoxicated.
- After a hearing in the client’s criminal case, Hawkins asked the client to go to his office to discuss the matter.
- At the office, Hawkins and the client consumed alcoholic drinks and engaged in sexual intercourse during the ongoing attorney-client relationship.
- About one month later, Hawkins moved to withdraw from representing the client, and the trial court granted the motion.
- The Indiana Supreme Court Disciplinary Commission filed a verified disciplinary complaint; the parties submitted a conditional agreement proposing a 90-day suspension.

## Issues

1. Whether an attorney commits professional misconduct by engaging in sexual intercourse with a current client during an ongoing criminal representation.
2. Whether the Indiana Supreme Court should accept the parties’ conditional agreement and impose a 90-day suspension, and under what reinstatement conditions.

## Decision

- The Indiana Supreme Court, exercising original and exclusive disciplinary jurisdiction, approved the conditional agreement for discipline.
- The court found Hawkins committed professional misconduct by engaging in sexual relations with a current client in the context of active representation.
- The court suspended Hawkins from the practice of law for 90 days.
- The court required Hawkins to petition for reinstatement rather than receiving automatic reinstatement at the end of the suspension.

## Legal Principles

- A lawyer’s sexual relationship with a current client creates a personal-interest conflict that can impair independent professional judgment and loyalty.
- Sexual conduct with a client, particularly in a criminal-defense context where the client is dependent and vulnerable, is incompatible with professional obligations and can be treated as misconduct without proof of case-related harm.
- Attorney discipline is imposed to protect the public and maintain confidence in the legal profession; negotiated discipline may be approved when the sanction adequately addresses the admitted misconduct.
- Reinstatement conditions may require a suspended lawyer to affirmatively demonstrate fitness to resume practice through a petition process.

## Conclusion

The Indiana Supreme Court concluded that an attorney’s sexual intercourse with a current criminal client during representation constitutes professional misconduct and warranted a 90-day suspension with reinstatement only upon petition.


In re Hawkins, 695 N.E.2d 109 (Ind. 1998)