Partners receive public reprimand for ads' use

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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).


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.