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

Lawyer Advertising in Alaska Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Alaska'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, Alaska has elected not to offer specialization programs to its members. However, Alaska, 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 Alaska 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 lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer shall not state or imply that the lawyer is a “specialist,” certified,” or words of similar import except as follows:
(a) 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; and
(b) a lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization or authority, but only if that certification is granted by an organization or authority whose specialty certification program is accredited by the American Bar Association.

COMMENT

[1] This Rule permits a lawyer to indicate areas of practice in communications about the lawyer's services; for example, in a telephone directory or other advertising. If a lawyer practices only in certain fields, or will not accept matters except in those fields, the lawyer is permitted to so indicate. All communications are, however, subject to the "false and misleading" standard applied in Rule 7.1 to communications concerning a lawyer's services.
[2] A lawyer may not communicate that the lawyer is a specialist or has been recognized or certified as a specialist in a particular field of law, except as provided by this rule. Recognition of specialization in patent matters is a matter of long established policy of the Patent and Trademark Office, as reflected in paragraph (a). The American Bar Association’s Model Rule 7.4 also permits attorneys who specialize in admiralty law to use the designation “proctor in admiralty” or otherwise hold themselves out as specialists in admiralty. This exception was not included in Alaska’s Professional Conduct Rule 7.4 because the Alaska Bar Association’s Committee on the Rules of Professional Conduct concluded that under modern practice the field of admiralty is no longer a unique specialization.
[3] Paragraph (b) permits a lawyer to communicate that the lawyer has been certified as specialist in a field of law when the American Bar Association has accredited the organization’s specialty program to grant the certification. Certification procedures imply that an objective entity has recognized a lawyer’s higher degree of specialized ability than is suggested by general licensure to practice law. Those objective entities may be expected to apply standards of competence, experience, and knowledge to insure that a lawyer’s recognition as a specialist is meaningful and reliable. In order to ensure that consumers can obtain access to useful certification information, the name of the certifying organization or agency must be included in any communication regarding the certification.

In Alaska and in the area of Bankruptcy, an entity that allows Anchorage lawyers to announce their specialization and 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.

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 "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 Northern Alaska, including Anchorage, Cantwell, Chitina, Cordova, English Bay, Glennallen, Skwentina, Tatitlek, Tonsina, Trapper Creek, Valdez, areas in the vicinity of Anchorage International Airport, Elmendorf Air Force Base, and other communities in the Borough of Anchorage.