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

Lawyer Advertising in Pennsylvania Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The Commonwealth of Pennsylvania'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, Pennsylvania has elected not to offer specialization programs to its members. However, Pennsylvania, 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 Pennsylvania 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. A lawyer shall not state that the lawyer is a specialist except as follows:

(1) 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;

(2) a lawyer engaged in admiralty practice may use the designation “admiralty,” “proctor in admiralty” or a substantially similar designation;

(3) a lawyer who has been certified by an organization approved by the Supreme Court of Pennsylvania as a certifying organization in accordance with paragraph (b) may advertise the certification during such time as the certification of the lawyer and the approval of the organization are both in effect;

(4) a lawyer may communicate that the lawyer is certified in a field of practice only when that communication is not false or misleading and that certification is granted by the Supreme Court of Pennsylvania.

(b) Upon recommendation of the Pennsylvania Bar Association, the Supreme Court of Pennsylvania may approve for purposes of paragraph (a) an organization that certifies lawyers, if the Court finds that:

(1) advertising by a lawyer of certification by the certifying organization will provide meaningful information, which is not false, misleading or deceptive, for use of the public in selecting or retaining a lawyer; and
(2) certification by the organization is available to all lawyers who meet objective and consistently applied standards relevant to practice in the area of the law to which the certification relates. The approval of the certifying organization shall be for such period not longer than five (5) years as the Court shall order, and may be renewed upon recommendation of the Pennsylvania Bar Association.

National certifications recognized by the state of Pennsylvania cover two distinct types of bankruptcy. They are:

(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; and

(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.

In Pennsylvania, the Committee charged with the responsibility of setting standards in specialization is PBA Professional Practice Standards Committee. Also, in Pennsylvania and in the area of Bankruptcy, an entity that Allentown 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.

It is not essential that an attorney be "Board Certified" or Specialized" 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 an Allentown bankruptcy lawyer is certified you can simply ask them.

Allentown debt relief lawyers are experienced attorneys who serve the entire Allentown, Pennsylvania Area

Serving clients throughout Eastern Pennsylvania, including Allentown, Bloomsburg, Buckingham, Bushkill Center, Coatsville, East Earl, Easton, Emmaus, Ephrata, Fredericksburg, Hazleton, Lancaster, Lansdale, Lebanon, Lehighton, Maxatawny, Mt. Bethel, New Castle, Norristown, Perkasie, Philadelphia, Pottstown, Quakertown, Reading, Robeson Crossing, Schuylkill Haven, Shenandoah, Tamaqua, Washington, areas in the vicinity of Lehigh Valley International, and other communities in Lehigh County.