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What is Board Certified in Bankruptcy Law & What are the Requirements?

In the State of Arkansas there are many lawyers that practice many different types of law. The state of Arkansas through the State Bar of Arkansas, like every other state in the United States, regulates lawyer advertising. The reason lawyer advertising regulated is mainly to avoid any false, deceptive or misleading advertisements.In regulating lawyer advertising, the issue of when it is acceptable for a lawyer to state that they "specialize" or certified". If a lawyer handles one complex type of bankruptcy case, is that enough for them to say they are Bankruptcy specialist?

Some states have elected to establish their own specialization programs; other states have ruled out their members ever stating that they are a specialist; and most states, like Arkansas, have elected to allow their lawyer members to hold out to the public that they are specialized if they receive a certification or specialization from an entity that has been approved by the American Bar Association. Though the Arkansas bar does not offer a certification in Bankruptcy, it does have a Debtor - Creditor Section.

One way in which a Little Rock Bankruptcy Attorney can stand out is by becoming Board Certified. The Arkansas Rule that governs this issue is set forth below.. It is Rule 7.4 Arkansas Rule of Professional Conduct:

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.

(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 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 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.

(e) [Transitional Provisions (December 31, 2002 - December 31, 2005)]

(1) A lawyer who is currently certified as a Board Recognized Specialist in Tax Law under the Arkansas Plan of Specialization may communicate such fact through December 31, 2005.

(2) The Arkansas Legal Specialization Transition Task Force shall discharge any administrative, supervisory, or other duties previously discharged by the Board of Legal Specialization or the Tax Specialty Committee that may arise during the transition period. No new specialists shall be recognized under the Arkansas Plan of Specialization.

In Arkansas, Arkansas lawyers are able to publicly discuss their certification if they have been certified by:

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.


All attorneys are not board certified unless their advertisement specifically states they are board certified. Just because an attorney does not hold a certification does not mean that they will not be able to do a great job representing you. If you are unsure if an attorney is certified, all you need to do is ask.

Serving clients throughout Northwestern Arkansas, including Appleby, Arnett, Bella Vista, Bentonville, Black Oak, Brightwater, Decatur, Elkins, Eureka Springs, Farmington, Fayetteville, Garfield, Gentry, Goshen, Gravette, Greenland, Habberton, Huntsville, Lincoln, Logan, Lowell, Pea Ridge, Praire Grove, Rogers, Siloam Springs, Springdale, West Fork, Wheeler, areas in the vicinity of Northwest Arkansas Regional Airport, and other communities in Washington County.