ILNews

Partners receive public reprimand for ads' use

Back to TopCommentsE-mailPrintBookmark and Share

Two partners in the Indianapolis law firm Benkie & Crawford received public reprimands from the Indiana Supreme Court Thursday for attorney misconduct in their advertisements for legal services.

In the combined disciplinary actions of the attorneys, In the matter of: Scott A. Benkie; In the Matter of: Douglas A. Crawford, Nos. 49S00-0402-DI-82 and 49S00-0402-DI-83, the Disciplinary Commission charged them with violating Indiana Professional Conduct Rules 7.2(b), 7.2(c)(3), 7.2(d)(2), and 7.3(c) because of wording in two of their firm's brochures to solicit clients.

In one brochure, the phrase "commitment to obtaining the best possible legal settlement for you and your family" was included as well as the term "Legal Advertisement." That was later changed to "Advertising Material." The brochures were filed with the Disciplinary Commission as required by Rule 7.3(c); the attorneys never received a letter from the commission advising them to change the language, as the commission sometimes will notify lawyers when changes need to be made.

The Supreme Court found the attorneys didn't violate Rule 7.2(c)(3) or 7.2(b) with the phrase "commitment to obtaining the best possible legal settlement" because the phrase only promises prospective clients a commitment to their cases, not that the attorneys can obtain the best possible settlement.

But the attorneys did violate the rules regarding use of a public communication containing statistical data or other information based on past performance or prediction of success and the solicitation of professional employment without the words "Advertising Material." The use of quotes from newspapers on their performance isn't allowed because the information could be edited and selectively used to mislead clients. The use of "Legal Advertisement" on earlier brochures was a violation because it may give the impression the commission or another body had reviewed it and found it to be "legal."

The Supreme Court found the fact the attorneys sought advice from the commission regarding their advertising materials mitigates the degree of their culpability; however, the rule requiring the filing of advertising materials with the commission doesn't require the commission to review materials for violations. The court noted that the requirement encourages self-policing by attorneys and preserves a record of the advertisement in case there is a dispute.

Chief Justice Randall T. Shepard and Justices Brent Dickson and Theodore Boehm concurred while Justices Frank Sullivan and Robert Rucker concurred, except they would have found no violation of Ind. Prof. Cond. R. 7.2(d)(2).

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT