State Rules Regarding Disclosure of NBTA Certification
Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281 (1990), disallows any state from prohibiting disclosure of NBTA certification. However, each state can establish its own rules for the regulation of disclosure. The regulations are listed below along with a contact for further information.
State & Contact / Address & Phone / Current RegulationsAlabama
Angela Parks
/ Alabama State Bar
415 Dexter Avenue
PO Box 671
Montgomery, AL 36101
P: 334-269-1515
F: 334- 261 6310 / Alabama 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 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 or authority, but only if such certification is granted by an organization previously approved by the Alabama State Bar Board of Legal Certification to grant such certifications.
COMMENT
This rule permits a lawyer to indicate areas of practice in communications about the lawyer's services, for example, in a telephone directory or other advertising. If a lawyer practices only in certain fields, or will not accept matters except in such fields, the lawyer is permitted so to indicate. However, stating that the lawyer is a "specialist," practices a "specialty," or "specializes in" a particular field is not permitted unless in accordance with rule 7.4(c). These terms have acquired a secondary meaning implying formal recognition as a specialist. Hence, use of these terms may be misleading.
Recognition of specialization in patent matters is a matter of long-established policy of the Patent and Trademark Office. Designation of admiralty practice has a long historical tradition associated with maritime commerce and the federal courts.
Paragraph (c) provides for certification as a specialist in a field of law where the Alabama State Bar Board of Legal Specialization has granted an organization the right to grant certification. Certification procedures imply that an objective entity has recognized a lawyer's higher degree of specialized ability than is suggested by general licensure to practice law. Those objective entities may be expected to apply standards of competence, experience, and knowledge 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 or agency must be included in any communication regarding certification.
COMPARISON WITH FORMER ALABAMA CODE OF PROFESSIONAL RESPONSIBILITY
Original Rule 7.4 is a direct counterpart to Temporary DR 2-104, which was substantially adopted from original Model Rule 7.4. On August 31, 1993, § (c) of Rule 7.4 was amended in conformity with the August 12, 1992, amendments of Model Rule 7.4 to allow the advertisement of specialists, with the exception that Model Rule 7.4(c)(2) was not adopted. Model Rule 7.4(c)(2) would have allowed the advertisement of a specialty designated by a nonapproved organization if the appropriate disclaimer was included. To allow this type of advertisement would cause confusion and would be misleading to the public.
Deletion of "limited to" or "concentrated in" particular fields conforms to the 1989 amendment of Model Rule 7.4 deleting the same language.
Our Civil, Criminal and Family applications were approved in 1999.
Our Social Security Disability application was approved in 2006.
Alaska
Stephen Van Goor
/ Alaska Bar Association
PO Box 100279
Anchorage, AK 99510-0279
Street Address:
550 W 7th Avenue
Suite 1900
Anchorage, AK 99501-3571
P: 907-272-7469
F: 907-272-2932 / Rule 7.4(b) "a lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization or authority, but only if that certification is granted by an organization or authority whose specialty certification program is accredited by the American Bar Association" (Rules of Professional Conduct, amended effective April 15, 2000, rescinded and repromulgated effective April 15, 2009).
Arizona
Penny Lewis
/ Board of Legal Specialization State Bar of Arizona
4201 North 24th Street
Suite 200
Phoenix, AZ 85016-6288
P: 602-340-7326
F: 602-271-4930 / Rule 42, ER 7.4, Ariz.R.S.Ct.:
(3) a lawyer certified by the Arizona Board of Legal Specialization or by a national entity that has standards for certification substantially the same as those established by the board may state the area or areas of specialization in which the lawyers is certified. Prior to stating that the lawyer is a specialist certified by a national entity, the entity must be recognized by the board as having standards for certification substantially the same as those established by the board. If the national entity has not been recognized by the board, it may make application for recognition by completing an application form provided by the board.
NBTA (National Board of Trial Advocacy), ABC (American Board of Certification), & NELF (National Elder Law Foundation) are currently recognized providers. Civil, Criminal and Family were reaccredited 4/15/10-4/15/15.
Arkansas
Stark Ligon
/ Office of Professional Conduct
Justice Building - Room 110
625 Marshall Street
Little Rock, AR 72201-1054
P: 501-376-0313
F: 501-376-3438 / Rule 7.4 (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) 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.
California
Phyllis Culp
Or
Kimberly Knealing
/ The Office of Special Admissions and Specialization
180 Howard Street
San Francisco, CA 94105
P: 415-538-2118
F: 415-538-2180 / December 22, 1997: NBTA received official approval of civil and criminal applications for accreditation. June 29, 1999, NBTA's family law program accredited. May 11, 2007: NBLSC’s Social Security Disability program accredited. Rule of Professional Conduct 1-400 (D)(6) (effective June 1, 1997) Advertising and Solicitation (D) A communication or a solicitation (as defined herein) shall not: (6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification. No changes/amendments are currently under consideration.
Our Social Security Disability application was approved May 11, 2007.
Colorado
John S. Gleason / Colorado Supreme Court
Office of Attorney Regulation
1560 Broadway, Suite 1800
Denver, CO 80202
P: 303-866-6400 / Requires disclaimer language "Colorado does not certify attorneys as specialists in any field' on ads only. Disclaimer not required in a "law list, law directory, or a publication intended primarily for use of the legal profession." There is no indication of a rule change in the near future.
Connecticut
Salvatore DePiano
Or
Joe DelCiampo
/ Connecticut Legal Specialization Screening Committee
Depiano, Gentile, Czepiga & Soares PC
56 Lyon Terrace
Bridgeport, CT 06604-4022
P: 203-335-3187 (Salvatore)
P: 860-706-5120 (Joseph) / 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 a substantially similar designation. (d) A lawyer shall not state or imply that the lawyer is a specialist in a particular field of law except as provided herein and in Rule 7.4A. (P.B. 1978-1997, Rule 7.4.) (Amended June 30, 2008, to take effect Jan. 1, 2009.)
Recognized by the Rules Committee of the Connecticut Superior Court as a certifier in the specialties of civil trial practice and criminal law fields of law. NBTA must petition the Rules Committee of the Connecticut Superior Court for recognition of the family law trial specialty prior to consideration of our application. (petition in the works as of late 1999...)
January 2, 2009 we were reaccredited in Civil and Criminal until February 22, 2014.
Delaware
Michael McGinniss / Chief Counsel
Office of Disciplinary Counsel
Delaware Supreme Court
Carvel State Office Building
820 North French Street
11th Floor
Wilmington, DE 19801
P: 302-577-7042
F: 302-577-7048 / Recognized by virtue of ABA accreditation under DLRPC 7.4 (d).
District of Columbia
Hope C. Todd
/ Assistant Director for Legal Ethics, Regulation Counsel
District of Columbia Bar
1101 K Street NW, Second Floor
Washington DC 20005
(202) 737-4700 ext. 3231 / Rule 7.1(a) "A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it: (1) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; or (2) contains an assertion about the lawyer or the lawyer's services that cannot be substantiated." An advisory Legal Ethics Committee Opinion 249 (1994) allows disclosure of certifications.
Florida
Jennifer S. Wilson
Certification Specialist & National Accreditation Coordinator
Copy on emails:
Dawna Bicknell
/ The Florida Bar
651 East Jefferson St.
Tallahassee, FL 32399
P: 850-561-5697
F: 850-561-5660
http://www.floridabar.org/certification / Rule 4-7.2(c)(3)(B): A lawyer certified by an organization other than The Florida Bar or another state bar may inform the public and other lawyers of the lawyer's certified area(s) of legal practice by stating that the lawyer is "certified", "board certified," or "specialist in (area of certification)" if:
i. the organization's program has been accredited by The Florida Bar as provided elsewhere in these Rules Regulating The Florida Bar; and, ii. the member includes the full name of the organization in all communications pertaining to such certification.
In 2006, we submitted applications to be accredited in Civil, Criminal, Family and SSD. We are still working out the details with the Florida Bar.
Georgia
John J Shiptenko
Or Deloise Mathews
/ Office of General Counsel
State Bar of Georgia
104 Marietta Street, NW
Suite 100
Atlanta, GA 30303
P: 404-527-8720 or 404-526-8627
F: 404-527-8744 / Rule 7.4 "A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer who is a specialist in a particular field of law by experience, specialized training or education, or is certified by a recognized and bona fide professional entity, may communicate such specialty or certification so long as the statement is not false or misleading" (Georgia Rules of Professional Conduct). A rule change is not anticipated in the near future.
Hawaii
Charles H. Hito / Office of Disciplinary Counsel
1132 Bishop Street
Suite 300
Honolulu, HI 96813
P: 808-521-4591
F: 808-545-2719 / HRPC 7.4(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 Hawai'i grants Hawai'i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association." (Hawaii Rules of Professional Conduct, effective July 1999).
Idaho
Bradley G. Andrews
/ State Bar
PO Box 895
Boise, ID 83701-0895
P: 208-334-4500
F: 208-334-2764 / Recognized by the Idaho State Bar by virtue of NBTA application to the Bar and by virtue of ABA accreditation (Family Law approved 8/99). Civil and Criminal Trial Advocacy approved.
Illinois
Mary T. Robinson / Attorney Registration and Disciplinary Commission
130 East Randolph Drive Suite 1500
Chicago, IL 60601-6219
P: 312-565-2600
F: 312-565-2320 / Rule 7.4 (c) "Except when identifying certificates, awards or recognitions issued to him or her by an agency or organization, a lawyer may not use the terms "certified," "specialist," "expert," or any other, similar terms to describe his qualifications as a lawyer or his qualifications in any subspecialty of the law. If such terms are used to identify any certificates awards or recognitions issued by any agency, governmental or private, or by any group, organization or association, the reference must meet the following requirements: (1) the reference must be truthful and verifiable and may not be misleading in violation of Rule 7.1; (2) the reference must state that the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois." (Illinois Rules of Professional Conduct)
RULE 7.4: COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION Adopted July 1, 2009, effective January 1, 2010. Below
(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.
(b) The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law, nor does it recognize certifications of expertise in any phase of the practice of law by any agency, governmental or private, or by any group, organization or association. 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.