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Board Certified Bankruptcy Lawyers in Rapid City, South Dakota | What Does Board Certified Mean?

Lawyer Advertising in South Dakota Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of South Dakota's Rule of Professional conduct Rule 7.4 sets rules for lawyers who wish to advertise that they have a "specialty" or "specialize" in a particular area of law.

Though many states have certification programs or specialization programs in various areas of law, South Dakota has elected not to offer specialization programs to its members. However, South Dakota, like other jurisdictions that do not have specialization programs, does recognize that there are organizations that do offer programs that offer a specialization recognition. If a lawyer licensed in South Dakota wishes to apply for such a specialization and obtains it, that is permissible. However, if that lawyer wishes to advertise or place that specialization where the public can be exposed to it, that lawyer must adhere to the requirements of Rule 7.4. These requirements are as follows:

Rule 7.4. Communication of Fields of Practice and Specialization.

A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. If a lawyer practices only in certain fields, or will not accept matters except in such fields, the lawyer is permitted so to indicate. A lawyer shall not state or imply that the lawyer is a specialist except as follows:

(a) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “patent attorney” or a substantially similar designation.

(b) A lawyer engaged in admiralty practice may use the designation “admiralty”, “proctor in admiralty” or a substantially similar designation.

(c) If a lawyer or firm practices in only certain fields and desires to advertise such limitations in the yellow pages of the telephone directory any such advertising must be accompanied by the following disclaimer appearing in a prominent and conspicuous manner in such advertising or on the same page as the advertising:

(1) Such certification is granted by an organization which has been approved by the appropriate regulatory authority to grant such certification; or

(2) Such certification is granted by an organization that has not yet been approved by, or has been denied the approval available from the appropriate regulatory authority, and the absence or denial of approval is clearly stated in the communication, and in any advertising subject to Rule 7.2, such statement appears in the same sentence that communicates the certification.

(d) Pursuant to subsection (c)(1), the South Dakota Supreme Court hereby designates the American Bar Association as the appropriate regulatory authority to accredit specialty certification programs according to such standards and criteria as the American Bar Association may from time to time establish for accreditation of specialty programs.

(e) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and

(2) the name of the certifying organization is clearly identified in the communication.

 

In South Dakota and in the area of Bankruptcy, an entity that Sioux Falls lawyers are able to publicly discuss their certification is a company called the:

American Board of Certification (ABC)
101 Second Street SE, Suite 904
Cedar Rapids, Iowa 52401
(319) 365-2222
www.abcworld.org

They offer a certification in Business Bankruptcy and Consumer Bankruptcy.

If you wish to retain an attorney it is not essential that they be a "Specialist" in bankruptcy law to do an excellent job. However, if you wish to only choose a lawyer that has earned a "Specialization" from an ABA approved organization and you are unsure if they have a specialization, simply ask if they do hold such a specialization.

Serving clients throughout Western South Dakota, including Ashland Heights, Belle Fourche, Blackhawk, Box Elder, Buffalo, Central City, Custer, Deadwood, Dupree, Ellsworth AFB, Fairburn, Faulkton, Gannvalley, Hermosa, Highmore, Hill City, Kadoka, Kennebec, Lead, Murdo, New Underwood, North Spearfish, Oreville, Pierre, Rapid City, Redfield, Schaeferville, Spearfish, Sturgis, Summerset, Wall, and other communities in Pennington County.