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

Board Certified Bankruptcy Lawyer & Bankruptcy Attorneys

In the state of California, there were over 172,000 active members of the State Bar of California. Since the practice of law has been becoming more and more specialized, lawyers tend to practice a select type, or area, of law. Throughout the years, there has been a continued discussion on what a lawyer can say in brochures, web site advertising, television ads and other advertising mediums regarding whether they are a "Specialist", "Certified", "Specializing", etc. The state of California has a legitimate interest in making sure that attorneys' advertising is not false, deceptive or misleading.

When is an attorney a Specialist in Oakland, California?

An attorney may handle one very serious complex case in a given area of law, e.g., Bankruptcy, but does handling that one very complex case make them a "Specialist"? Probably not but what level of experience could a lawyer hold themselves out as a Specialist?

Some states have responded to this dilenma by creating their own specialization or certification program. However, by far, the majority of states do not have a organized legal specialty program. These states generally "handle" this issue by adopting lawyer advertising rules that basically defer to outside entities. Specifically, there are a number of organizations that have been recognized by organizations such as the American Bar Association (ABA). The ABA has adopted certain rules and standards it will follow in determining whether a particular certification program will get the ABA seal of approval.

California has a Robust Certification and Specialization Program

As stated above, California has elected to offer specialization programs to its members.

California attorneys, through the California Board of Legal Specialization, may become "Specialists" in the following areas:

California's Standard and Requirements to Become Certified or Specialized in Bankruptcy.

California has general rules regarding all of their certification programs and these rules must first be met before an applicant can become specialized in any offered area. Once the applicant demonstrates that it meets the general requirements, then the applicant must also meet the California specific bankruptcy specialization requirements. The California Bar has also given the public and its members a Packet and Sample Bankruptcy Test Questions.

What is the The American Board Certification company?

Additionally, California recognizes that there are organizations that do offer programs that offer a specialization recognition. If a lawyer licensed in California 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 1-400 Advertising and Solicitation:

A communication or a solicitation (as defined herein) shall not:
(1) Contain any untrue statement; or
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

If California allows outside its Bankruptcy lawyers to become specialized in Bankruptcy by outside companies, what companies have been approved by the ABA and the state of California?

Currently, there is only one entity approved by the California Board of Legal Specialization 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 Los Angeles bankruptcy lawyer is certified you can simply ask them.

El Monte Injury Attorneys May Choose to Become Board Certified in El Monte, CA.

Serving clients throughout Southern California, including Alhambra, Altadena, Avocado Heights, Azusa, Baldwin Park, Burbank, Chino, Chino Hills, Claremont, Covina, Diamond Bar, Downey, East Los Angeles, El Monte, Flintridge, Hacienda Heights, La Canada, Los Angeles, Montebello, Norwalk, Ontario, Pasadena, Pomona, Roland Heights, San Gabriel, South Whitter, Walnut, West Covina, Whitter, and other communities in Los Angeles County.