What is Board Certified in Bankruptcy Law & What are the Requirements?
Lawyer Advertising in Ohio Regarding
"Specialization"
Ohio'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, Ohio has elected not to offer specialization programs to its members. However, Ohio, like other jurisdictions that do not have specialization programs, does accredit outside organizations which award recognition in legal specializations. If a lawyer licensed in Ohio 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 the fact that the lawyer does or does not practice in particular fields of law or limits his or her practice to or concentrates in particular fields of law.
(b) 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) A lawyer engaged in trademark practice may use the designation “Trademarks,” “Trademark Attorney,” or a substantially similar designation.
(d) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty,” or a substantially similar designation.
(e) A lawyer shall not state or imply that a lawyer is a specialist in a particular field of law, unless both of the following apply:
(1) the lawyer has been certified as a specialist by an organization approved by the Supreme Court Commission on Certification of Attorneys as Specialists; and
(2) the name of the certifying organization is clearly identified in the communication.
The Commission on Certification of Attorneys as Specialists
The governmental body in Ohio which decides which programs are accredited for the purpose of attorney specialization is The Commission on Certification of Attorneys as Specialists. The standards that the commission uses to accredit organizations can be found on their website. Their contact information is:
Commission on Certification of Attorneys as Specialists
Supreme Court of Ohio
65 South Front Street, 5th Floor
Columbus, Ohio 43215-3431
Phone: (888) 308-CCAS
Fax: (614) 387-9529
In the area of Bankruptcy, The Commission offers a certification in:
(1) Business Bankruptcy Law - This is defined as the practice of bankruptcy law when the debtor is a corporation, a partnership, an individual currently engaged in business, or an individual formerly engaged in business whose debts are primarily incurred for business purposes; including but not limited to business bankruptcies, reorganizations, liquidations, and the rights, obligations, and remedies of debtors and creditors;
(2) Consumer Bankruptcy Law - This is defined as the practice of bankruptcy law when the debtor is an individual or husband and wife and where the debts are primarily non-business related. The matters are typically filed under Chapters 7 or 13 of the U.S. Bankruptcy Code.
Currently, there is only one entity approved by the Commission that offers a certification program in Bankruptcy. It is:
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.
It is not essential that an attorney be board certified in bankruptcy law to excellently represent you, or a family member. However, as law practices develop each area gets more and more detailed. It is very hard for a practitioner to constantly stay on top of each and every legal intricacy if they practice many different practice areas. If a lawyer is certified in Bankruptcy by ABC, this means that they have a level of proficiency to be able to handle your bankruptcy needs. If you are unclear if a Mansfield bankruptcy lawyer is certified you can simply ask them.
Mansfield bankruptcy lawyers are experienced attorneys who serve the entire Mansfield, Ohio Area
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 "Certification" from an Ohio Commission approved organization and you are unsure if they have a specialization, simply ask if they do hold such a specialization.
Serving clients throughout Northern Central Ohio, including Akron, Ashland, Bowling Green, Bucyrus, Butler, Coshocton, Columbus, Crestline, Delaware, Dover, Findlay, Fostoria, Fremont, Galion, Jackson Special, Lima, Lorain, Mansfield, Marion, Massillon, Mount Vernon, Newark, Oberlin, Olivesburg, Pulaskiville, Sandusky, Shelby, Sullivan, Tiffin, Upper Sandusky, West Salem, Willard, Wooster, Zanesville, areas in the vicinity of Mansfield Lahm Municipal Airport, and other communities in Richland County.