What is Board Certified in Bankruptcy Law & What are the Requirements?
Lawyer Advertising in Hawaii Regarding
"Specialization"
Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Hawaii'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, Hawaii has elected not to offer specialization programs to its members. However, Hawaii, 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 Hawaii 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 Certification.
A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. If a lawyer practices only in certain fields, or will not accept matters except in such fields, the lawyer is permitted so to indicate. A lawyer shall not state or imply that the lawyer is a specialist 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.
(b) A lawyer engaged in admiralty practice may use the designation “admiralty”, “proctor in admiralty” or a substantially similar designation.
(c) A lawyer may communicate the fact that the lawyer is certified as a specialist in a field of law by a named organization, provided that the communication
(i) is not false or misleading within the meaning of Rule 7.1,;
(ii) clearly states the name of the certifying organization, and;
(iii) is accompanied by a statement that "The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association."
In Hawaii and in the area of Bankruptcy, an entity that Honolulu 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.
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.
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