What is Board Certified in Bankruptcy Law & What are the Requirements?
Lawyer Advertising in Montana Regarding
"Specialization"
Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Montana'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, Montana has elected not to offer specialization programs to its members. However, Montana, 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 Montana 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 may also communicate that his/her practice is limited to or concentrated in a particular field of law, if such communication does not imply an unwarranted expertise in the field so as to be false or misleading under Rule 7.1.
(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.
The State Bar of Montana's Ethics Committee, upon request of the Bar's members who pose ethical questions to it, will answer questions. The answers are "non-binding". On the issue of specialization in advertising the State Bar of Montana issued the below:
QUESTION PRESENTED:
May an attorney list in the yellow pages of the telephone book his specialty, e.g., following name, address and telephone number, "practice limited to . . ." Secondly, what limitation is there, if any, on the number of specialties which may be listed?
ANSWER:
Two basic questions are presented by this inquiry:
(1) Whether the Montana Supreme Court recognizes or permits the recognition of specialization or concentration in specific areas of the law, and (2) whether publicity resulting from publication of a specialized in a telephone book is a form of advertising permitted by the Montana Supreme Court.
Disciplinary Rule DR 2-101 states in part::
"(A) A lawyer shall not prepare, cause to be prepared, use, or participate in the use of, any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients . . ."
"(B) A lawyer shall not publicize himself . . . as a lawyer . . . in city or telephone directories . . . except as permitted under DR 2-103."
DR 2-102 provides:
"(A) A lawyer or law firm shall not use . . . telephone directory listings . . . except that the following may be used if they are in dignified form: . . . (5) a listing of the office of a lawyer or law firm in the alphabetical and classified sections of the telephone directory or directories for the geographical area or areas in which the lawyer resides or maintains offices or in which a significant part of his clientele resides and in the city directory of the city in which his or the firm's office is located, but the listing may give only the name of the lawyer or law firm, the fact he is a lawyer, addresses, and telephone numbers . . . The listing in the classified section shall not be under a heading or classification other than the classified section shall not be under a heading or classification other than "Attorneys" or "Lawyers," except that additional heading or classifications descriptive of the types of practice referred to in DR 2-105 are permitted."
"(B) A lawyer shall not hold himself out publicly as a specialist or as limiting his practice, except as permitted under DR 2-102 (A)(6) (law lists--legal directories) or as follows:" (three exceptions pertaining to publication of patent, trademark and admiralty law, specialties on letterhead and office sign, listing in lawyer referral service offices, distribution to other lawyers, and publication in legal journals).
It is clear from the above canons, adopted by the Montana Supreme Court effective May 1, 1973, that a lawyer listing in a public telephone directory may contain only the name of the lawyer and/or firm, address and telephone number. References to specialties are permitted in lawyer referral service offices, legal journals, and to other lawyers, and in law lists or legal directories, with some limitations.
DR 2-105 as adopted by the American Bar Association contains a fourth subparagraph:
"(4) A lawyer who is certified as a specialist in a particular field of law or law practice by the authority having jurisdiction under state law over the subject of specialization by lawyers may hold himself out as such specialist but only in accordance with the rules prescribed by that authority."
Significantly, the foregoing provision was omitted by the Montana Supreme Court in adopting the Canons of Professional Ethics. Montana, therefore, does not at present, certify specialists, and although the court has plenary authority over the admission and practice of Montana attorneys, it has not, and by implication does not, favor adoption of rules regarding
specialization.
Although Goldfab vs. Virginia State Bar, 44 F.2d 572, 95 U.S. S. Ct., and its progeny have put the issue of legal advertising before the public, causing considerable debate within the profession, and although the U.S. Attorney General is focusing attention on the advertising prohibitions as an indicia of anti-competitive activity, public notice of specialization is at present clearly prohibited by the Canons of Professional Ethics.
In adopting the Canons of Professional Ethics, the Montana Supreme Court has stated: "For the guidance of the profession the Court will give consideration to the interpretations of the Canons promulgated by the American Bar Association."
A.B.A. Formal Opinion 53 (issued December 14, 1931) states that it is improper for a lawyer to have a listing in the classified telephone directory under various specialized areas of the law. Formal Opinion No. 284 (August, 1951) states that an attorney may not with propriety obtain any distinctive listing in a classified telephone directory which is different from the manner and method adopted therein for all other lawyers. Thus, he may not use a display advertisement, add a second line in which a specialty is claimed, use varied listings, or list entirely separate from the general classified listing for other attorneys.
If the listing of specialties is proscribed, the question with respect to the number of specialties which may be listed must also be answered in the negative.
Although the House of Delegates, A.B.A., recently amended DR 2-102 and other canons to permit lawyers to list specialties in the yellow pages, the Montana Supreme Court has not approved the amendments. Until such time as the Montana Court determines what constitutes and what may be advertised as a specialty, Montana lawyers will be governed by the existing canons quoted above.
THIS OPINION IS ADVISORY ONLY.
The Montana bar has a Bankruptcy Section. Since Montana does not offer itself a certification or specialization program it does permit its members to become Board Certified and hold themselves out to the public as such if they are 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.
Contact a Billings Debt Relief Lawyer Today.
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.
Serving clients throughout South-Central Montana, including Big Timber, Billings, Bozeman, Bridger, Broadview, Colstrip, Columbus, Hardin, Hysham, Joliet, Lame Deer, Lewistown, Livingston, Lodge Grass, Pryor, Red Lodge, Roberts, Roundup, Ryegate, Shepherd, Stanford, Three Forks, White Sulphur Springs, Winnett, areas in the vicinity of Billings Logan International Airport, and other communities in Yellowstone County.