What is Board Certified in Bankruptcy Law & What are the Requirements?
Lawyer Advertising in Iowa Regarding
"Specialization"
Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Iowa's Rule of Professional conduct Rule 32: 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, Iowa has elected not to offer specialization programs to its members. However, Iowa, 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 Iowa 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 32:7.4. These requirements are as follows:
Rule 32:7.4: COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION
(a) A lawyer may communicate the fact that the lawyer practices in or limits the lawyer’s practice to certain fields of law as authorized by this rule. Subject to the exceptions and requirements of this rule, a lawyer may identify or describe the lawyer’s practice by reference to the following fields of practice:
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Any member of the bar desiring to expand this list may file an application with the supreme court specifying the requested change.
In describing the field of practice the lawyer may use the suffix “law,” “lawyer,” “matters,” “cases,” or “litigation.”
(b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patents,” “Patent Attorney,” “Patent Lawyer,” or “Registered Patent Attorney.”
(c) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty,” or a substantially similar designation.
(d) 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 the Iowa Supreme Court Attorney Disciplinary Board; and
(2) the name of the certifying organization is clearly identified in the communication.
(e) Prior to publicly describing one’s practice as permitted in paragraph (a) and (c), a lawyer shall comply with the following prerequisites:
(1) For all fields of practice designated, a lawyer must have devoted the greater of 100 hours or 10 percent of the lawyer’s time spent in the actual practice of law to each indicated field of practice for the preceding calendar year. In addition, the lawyer must have completed at least ten hours of accredited continuing legal education courses of study in each indicated field of practice during the preceding calendar year.
(2) A lawyer who wishes to use the terms “practice limited to . . .” or “practicing primarily in . . .” must have devoted the greater of 400 hours or 40 percent of the lawyer’s time spent in the actual practice of law to each separate indicated field of practice for the preceding calendar year. In addition, the lawyer must have completed at least fifteen hours of accredited continuing legal education courses of study in each separate indicated field of practice during the preceding calendar year.
Prior to communication of a description or indication of limitation of practice, a lawyer shall report the lawyer’s compliance with the eligibility requirements of this paragraph each year to the Commission on Continuing Legal Education. See Iowa Ct. R. 41.9.
(f) A lawyer describing the lawyer’s practice as “General practice including but not limited to” followed by one or more fields of practice descriptions set forth in this rule need not comply with the eligibility requirements of paragraph (e).
In Iowa and in the area of Bankruptcy, an entity that Des Moines 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 Eastern Iowa, including Anamosa, Burlington, Cascade, Cedar Falls, Cedar Rapids, Clinton, Columbia Junction, Davenport, De Witt, Dubuque, Dyersville, Fairfield, Grinnell, Iowa City, Kalona, Manchester, Maquoketa, Marion, Mount Pleasant, Mount Vernon, Muscatine, North Liberty, Ottumwa, Washington, Waterloo, areas in the vicinity of Davenport Municipal Airport, and other communities in Scott County.