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Board Certified Bankruptcy Lawyers in Paradise, Nevada | What Does Board Certified Mean?

Lawyer Advertising in Nevada Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Nevada'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, the Nevada State Bar has elected not to offer civil trial law specialization programs to its members. However, Nevada, 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 Nevada 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) A lawyer may communicate that the lawyer is a specialist or expert or that he or she practices in particular fields of law, provided the lawyer complies with this Rule. Nothing in this Rule shall be construed to prohibit communication of fields of practice unless the communication is false or misleading.

(b) Patent law. 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.

(c) Admiralty law. A lawyer engaged in admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty” or a substantially similar designation.

(d) Specialist or expert. In addition to the designations permitted by paragraphs (b) and (c) of this Rule, a lawyer may communicate that he or she is a specialist or expert in a particular field of law if the lawyer complies with the provisions of this paragraph.

(1) Certification. The lawyer must be certified as a specialist or expert by an organization that has been approved under Rule 7.4A.

(2) Practice hours; CLE; liability coverage; reporting. The lawyer must meet the following requirements for practice hours devoted to each field of specialization, continuing legal education in each field of specialization, and professional liability coverage:

(i) The lawyer shall have devoted at least one-third of his or her practice to each designated field of specialization for each of the preceding 2 calendar years.

(ii) The lawyer shall have completed 10 hours of accredited continuing legal education in each designated field of specialization of practice during the preceding calendar year. The carry-forward and exemption provisions of Supreme Court Rules 210 and 214 do not apply. In reporting under subparagraph (iv), the lawyer shall identify the specific courses and hours that apply to each designated field of specialization.

(iii) The lawyer shall carry a minimum of $500,000 in professional liability insurance, with the exception of lawyers who practice exclusively in public law. The lawyer shall provide proof of liability coverage to the state bar as part of the reporting requirement under subparagraph (iv).

(iv) The lawyer shall submit written confirmation annually to the state bar and board of continuing legal education demonstrating that the lawyer has complied with these requirements. The report shall be public information.


(3) Registration with state bar. The lawyer must file a registration of specialty, along with a $250 fee, with the executive director of the state bar on a form supplied by the state bar. The form shall include attestation of compliance with paragraph (d)(2) for each specialty registered.

(i) Annual renewal. A lawyer registered under this Rule must renew the registration annually by completing a renewal form provided by the state bar, paying a $250 renewal fee, and providing current information as required under paragraph (d)(2) for each specialty registered. The lawyer must submit the renewal form to the executive director of the state bar on or before the anniversary date of the initial filing of the registration of specialty with the state bar.

(ii) Registration of multiple specialties. A lawyer may include more than one specialty on the initial registration or include additional specialties with the annual renewal without additional charge. Additional specialties added at any other time will be assessed a one-time $50 processing fee.

(4) Revocation and reinstatement. The board of governors shall establish rules and procedures governing administrative revocation and reinstatement of the right to communicate a specialty for failure to pay the fees set forth in paragraph (d)(3), including reasonable processing fees for late payment and reinstatement.

(5) Advertising. A lawyer certified as a specialist under this Rule may advertise the certification during such time as the lawyer’s certification and the state bar’s approval of the certifying organization are both in effect. Advertising by a lawyer regarding the lawyer’s certification under this Rule shall comply with Rules 7.1 and 7.2 and shall clearly identify the name of the certifying organization.

(e) Temporary exemption from CLE requirements. The board of governors or its designee may grant a member’s request for temporary exemption from completion of the specific continuing legal education requirements imposed by this Rule for exceptional, extreme, and undue hardship unique to the member.

(f) Extension to complete CLE requirements. If a lawyer is unable to complete the hours of accredited continuing legal education during the preceding calendar year as required by this Rule, the lawyer may apply to the board of continuing legal education for an extension of time in which to complete the hours. For good cause the board may extend the time not more than 6 months.

(g) Records. A lawyer who communicates a specialty pursuant to this Rule shall keep time records to demonstrate compliance with paragraph (d)(2). Such records shall be available to the State Bar of Nevada and the board of continuing legal education on request.

(h) Guidelines. The board of governors of the state bar shall be authorized to formulate and publish a set of guidelines to aid members of the state bar in complying with the requirements of this Rule.

(i) Law lists and legal directories. This Rule does not apply to listings placed by a lawyer or law firm in reputable law lists and legal directories that are primarily addressed to lawyers.

What entities are accepted to certify Nevada lawyers in Bankruptcy?

On February 1, 2007, the Standing Committee on Ethics and Professional Responsibility of the State Bar of Nevada issued Formal Opinion No. 13 specifically advising all Nevada attorneys and the citizens of the state of Nevada that a lawyer certified by the American Board of Certification in Bankruptcy may, in fact, hold himself, or herself, out as a Specialist in Bankruptcy.

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 civil 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 Southeastern Nevada, including Amargosa Valley, Beatty, Boulder City, East Las Vegas, Enterprise, Garnet, Henderson, Indian Springs, Las Vegas, Mesquite, Mountain Springs, North Las Vegas, Pahrump, Paradise, Sloan, Spring Valley, Sunrise Manor, Winchester, areas in the vicinity of Las Vegas Motor Speedway, McCarran International Airport, Nellis Air Force Base, North Las Vegas Air Terminal, and UP-Las Vegas, and other communities in Clark County, Lincoln County, and Nye County.