What is Board Certified in Bankruptcy Law & What are the Requirements?
Lawyer Advertising in Massachusetts Regarding
"Specialization"
Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The Commonwealth of Massachusetts' 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, Massachusetts has elected not to offer specialization programs to its members. However, Massachusetts, 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 Massachusetts 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:
Rules of the Supreme Judicial Court
Chapter Three. Ethical Requirements and Rules Concerning the Practice of Law
Rule 3:07. Massachusetts Rules of Professional Conduct and Comments
Rule 7.4. Communication of Fields of Practice
(a) Lawyers may hold themselves out publicly as specialists in particular services, fields, and areas of law if the holding out does not include a false or misleading communication. Such holding out includes (1) a statement that the lawyer concentrates in, specializes in, is certified in, has expertise in, or limits practice to a particular service, field, or area of law, (2) directory listings, including electronic, computer-accessed or other similar types of directory listings, by particular service, field, or area of law, and (3) any other association of the lawyer's name with a particular service, field, or area of law.
(b) Lawyers who hold themselves out as “certified” in a particular service, field, or area of law must name the certifying organization and must state that the certifying organization is “a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts,” if that is the case, or, if the certifying organization is a governmental body, must name the governmental body.
(c) Except as provided in this paragraph, lawyers who associate their names with a particular service, field, or area of law imply an expertise and shall be held to the standard of performance of specialists in that particular service, field, or area. Lawyers may limit responsibility with respect to a particular service, field, or area of law to the standard of an ordinary lawyer by holding themselves out in a fashion that does not imply expertise, such as by advertising that they “handle” or “welcome” cases, “but are not specialists in” a specific service, field, or area of law.
In the area of Bankruptcy law and specialization in Massachusetts, an entity that Boston lawyers are able to publicly discuss their certification is with an entity 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.
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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.
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