Board Certified Bankruptcy Lawyers in Louisville, Kentucky | What Does Board Certified Mean?

Lawyer Advertising in Kentucky Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Kentucky'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, Kentucky has elected not to offer specialization programs to its members. However, Kentucky, 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 Kentucky 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:

SCR 3.130(7.40) Communication of fields of practice

A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer who concentrates in, limits his or her practice to, or wishes to announce a willingness to accept cases in a particular field may advertise or publicly state that information in any manner otherwise permitted by these Rules. Any such advertisement or statement shall be strictly factual and shall not contain any form of the words “certified”, “specialist”, “expert”, or “authority”, 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 Lawyer" or a substantially similar designation.

(2) A lawyer certified by an appropriate governmental agency in admiralty practice may use the designation "Admiralty", "Proctor in Admiralty", or a substantially similar designation.

(3) A lawyer may state or imply that he or she is “certified”, a “specialist”, an “expert” or “authority” in a particular field of law only if:

(a) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or by a national organization that the attorney demonstrates is qualified to grant such certification to attorneys who meet objective and consistently applied standards relevant to practice in a particular area of the law; and

(b) the name of the certifying organization is clearly identified in the communication; and

(c) if the lawyer is licensed to practice law in Kentucky, the communication must state that Kentucky does not certify specialties in legal fields. The communication may occur only for as long as the lawyer remains so certified and in good standing.

The Kentucky Bar has recognized that the following entity meets the certifying requirements sufficiently for its members to hold out that they have a specialization or certification in Bankruptcy Law:

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 a Louisville bankruptcy lawyer is certified you can simply ask them.


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