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

The Utah Bar Association defines Bankruptcy law as: Individuals, businesses, or creditors seeking to have debts discharged or reorganized by the federal court. Most common bankruptcy petitions are: Chapter 7 (Individual Bankruptcy), Chapter 11 (Business Reorganization) and Chapter 13 (Wage Earner's Plan).

Lawyers often advertise their abilities. Because the state has an interest in making sure that lawyer advertising is not false, deceptive or misleading, it has developed rules on when a lawyer can and cannot hold themselves out as a specialist. The governing rule is found in Chapter 13 Rules of Professional Conduct Rule 7.4:

Rule 7.4. Communication of Fields of Practice.

(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 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.

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 approved by an appropriate state authority or accredited by the American Bar Association or another organization, such as a state bar association, that has been approved by the state authority to accredit organizations that certify lawyers as specialists. 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.

The Utah Bar Association Bankruptcy Section is not the same as specialization however, you may wish to check to see if the Salt Lake City bankruptcy lawyer you choose was ever a member of this committee.

In Utah and in the area of Bankruptcy, an entity that Salt Lake City 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.

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 Salt Lake City bankruptcy lawyer is certified you can simply ask them.

Provo debt relief lawyers are experienced attorneys who serve the entire Provo, Utah Area

Serving clients throughout the Salt Lake Valley of Utah, including Brigham City, Clearfield, Heber City, Layton, Logan, Magna, Ogden, Orem, Provo, Roy, Salt Lake City, Sandy, Santaquin, Smithfield, Spanish Fork, Springville, Tooele, Tremonton, West Jordan, West Valley City, areas in the vicinity of Salt Lake City International Airport and Provo Municipal Airport, and other communities in Carbon County, Duchesne County, Juab County, Salt Lake County, Sanpete County, Tooele County, Utah County, and Wasatch County.