I am often asked if it is important for attorneys to be Board Certified in Consumer Bankruptcy Law by the American Board of Certification. There is no requirement by any bankruptcy court that you be board certified to practice in that court. In fact, it is very likely that most attorneys that do practice bankruptcy law are not board certified by this organization. So, why is it important for your attorney to have this certification.
First of all, it demonstrates to you, the consumer, that the attorney has decided to take it upon his or her self to take an extra step to undergo a rigorous testing process to become initially certified. The American Board of Certification takes very seriously their responsibility to certify attorneys and the tests that they conduct are very rigorous. Also, to become certified, the candidate is required to prove to the selection committee that they have litigated a large number of cases in bankruptcy court within a certain time frame. Also, the candidate is required to be peer reviewed by fellow attorneys.
Secondly, and probably more importantly, the attorney that becomes certified is required, in order to maintain their certification, to complete a large number of continuing education courses within a certain time frame. Those courses must be in the area of consumer bankruptcy law. Also, continued peer review is required to be certain that the attorney is proficient and practicing regularly in the are of consumer bankruptcy law.
I would be remiss if I did not say that there are many, many attorneys that are not board certifed that are extremely competent and qualifed attorneys in the area of bankruptcy law. But, as a consumer, you are faced with a tough decision and often need a filter to help you decide. The board certification designation can assist you in making that determination.
John Rogers, Kentucky Bankruptcy Attorney
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