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

Lawyer Advertising in Minnesota Regarding
"Specialization"

Many successful lawyers seek to distinguish themselves by becoming board certified in various areas of law. The State of Minnesota'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, Minnesota has elected not to offer specialization programs to its members. However, Minnesota, 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 Minnesota 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) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.

(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) In any communication subject to Rules 7.2, 7.3, or 7.5, a lawyer shall not state or imply that a lawyer is a specialist or certified as a specialist in a particular field of law except as follows:

(1) the communication shall clearly identify the name of the certifying organization, if any, in the communication; and

(2) if the attorney is not certified as a specialist or if the certifying organization is not accredited by the Minnesota Board of Legal Certification, the communication shall clearly state that the attorney is not certified by any organization accredited by the Board, and in any advertising subject to Rule 7.2, 108 this statement shall appear in the same sentence that communicates the certification.

Comment:

[1] Paragraph (a) of this rule permits a lawyer to indicate areas of practice in communications about the lawyer’s services. If a lawyer practices only in certain fields, or will not accept matters except in a specified field or fields, the lawyer is permitted to so indicate. A lawyer is generally permitted to state that the lawyer is a “specialist,” practices a “specialty,” or “specializes in” particular fields, but such communications are subject to the “false and misleading” standard applied in Rule 7.1 to communications concerning a lawyer’s services.

[2] Paragraph (b) recognizes the long-established policy of the Patent and Trademark Office for the designation of lawyers practicing before the Office. Paragraph (c) recognizes that designation of Admiralty practice has a long historical tradition associated with maritime commerce and the federal courts.

[3] Paragraph (d) permits a lawyer to state that the lawyer is certified as a specialist in a field of law if such certification is granted by an organization that has been accredited by the Board of Legal Certification. Certification signifies that an objective entity has recognized an advanced degree of knowledge and experience in the specialty area greater than is suggested by general licensure to practice law. Certifying organizations may be expected to apply standards of experience, knowledge and proficiency to insure that a lawyer’s recognition as a specialist is meaningful and reliable. In order to insure that consumers can obtain access to useful information about an organization granting certification, the name of the certifying organization must be included in any communication regarding the certification.

[4] Lawyers may also be certified as specialists by organizations that either have not yet been accredited to grant such certification or have been disapproved. In such instances, the consumer may be misled as to the significance of the lawyer’s status as a certified specialist. The rule therefore requires that a lawyer who chooses to communicate recognition by such an organization also clearly state the absence or denial of the organization’s authority to grant such certification. Because lawyer advertising through public media and written or recorded communications invites the greatest danger of misleading consumers, the absence or denial of the organization’s authority to grant certification must be clearly stated in such advertising in the same sentence that communicates the certification.

In Minnesota and in the area of Bankruptcy, an entity that Minnesota 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.

Serving clients throughout Southeastern Minnesota, including Andover, Apple Valley, Austin, Blaine, Bloomington, Brooklyn Park, Burnsville, Cambridge, Champlin, Chanhassen, Coon Rapids, Cottage Grove, Duluth, Eagan, Eden Praire, Edina, Faribault, Hastings, Hutchinson, Inver Grove Heights, Lakeville, Little Falls, Mankato, Maple Grove, Maplewood, Minneapolis, Minnetonka, Monticello, New Prague, New Ulm, Northville, Oakdale, Ostego, Pine City, Plymouth, Ramsay, Redwood Falls, Rochester, Roseville, Shakopp Savage, St. Anthony, St. Cloud, St. Michael, St. Paul, St. Paul Park, White Bear Lake, Willmar, Woodbury, areas in the vicinity of Minneapolis-St. Paul International Airport, and other communities in Hennepin County.