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

Lawyer Advertising in North Dakota Regarding
"Specialization"

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

A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer shall not state or imply that the lawyer is a specialist in a particular field of law 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; or

(c) a lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization, provided that the communication clearly states the name of the certifying organization and that there is no procedure in this jurisdiction for approving certifying organizations. The communication need not contain such a statement if the named organization has been accredited by the American Bar Association or the lawyer has successfully completed a certification program sponsored by a state bar association.

Comment:

[1] 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 such fields, the lawyer is permitted to so indicate. The 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] However, a lawyer may not communicate that the lawyer has been recognized or certified as a specialist in a particular field of law, except as provided by this Rule. Recognition of specialization in patent matters is a matter of long-established policy of the Patent and Trademark Office, as reflected in paragraph (a). Paragraph (b) recognizes that designation of admiralty practice has a long historical tradition associated with maritime commerce and the federal courts.

[3] 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 ensure that a lawyer's recognition as a specialist is meaningful and reliable. In order to ensure 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 certification.

In North Dakota and in the area of Bankruptcy, an entity that Bismarck 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 Southwestern North Dakota, including Amidon, Ashley, Bismarck, Bowman, Carson, Center, Dickinson, Ellendale, Hettinger, Jamestown, Linton, Mandan, Manning, Medora, Mott, Napoleon, Steele, and other communities in Burleigh County.