Are You A Specialist?
“Are you a specialist?”
This question comes up fairly often as an attorney. The medical profession has an extensive established and well-defined structure for specialization. It is natural to assume and hope that a similar structure would be implemented in the legal profession. Unfortunately in Connecticut, there are some big gaps in legal specialization.
As of today, the Connecticut Bar has only completed recognition of five areas of law. These areas are:
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Civil Trial practice;
Criminal practice;
Business bankruptcy;
Consumer bankruptcy;
Worker’s Compensation.
Obviously, that only scratches the surface of the many areas that attorneys concentrate their careers in. You’ll notice Elder Law and Estate Planning are nowhere to be found on the list of recognized specializations.
Since the Connecticut Bar does not recognize many specializations, the question “are you an elder law or estate planning specialist?” becomes something of a loaded question. As defined by the Connecticut Bar, no I am not an estate planning or elder law specialist and neither is any other attorney in Connecticut.
From a client’s perspective it is natural to expect a yes or no answer to this simple question. It is also natural to seek out an attorney that can answer “yes” to the specialization question. Unfortunately, the Connecticut Bar has put many attorneys in the position of trying to explain to potential clients why they must answer “no” to this seemingly simple question and immediately create doubt in the potential client’s mind.
If you are reading this as a consumer of legal services, certainly ask this question to the attorney you are considering working with but I encourage you to take this information into account when you receive your answer. If an attorney is not a specialist because the Bar does not recognize a particular specialization, consider the attorneys experience and knowledge with your type of matter. If you now know the Bar does not recognize a particular specialization and an attorney does claim to be a specialist in that field, ask yourself if they are being candid with you.
For additional information on Connecticut’s recognized legal specializations, click here.
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