Can I Hire an Attorney Who Is a Specialist in Personal Injury Law?

A Vermont attorney is not allowed to claim that they are a specialist in personal injury law or most other areas of law, with a few exceptions.  A lawyer can only be a specialist in civil trial advocacy if they meet certain requirements and become Board Certified.  Board Certification involves taking a test, submitting writing samples and proving actual time spent in Court.  This allows the public to become knowledgeable about who they are hiring.

The right to claim to be a legal specialist has a long and complicated path.  The Supreme Court of Vermont, in response to Peel v. Attorney Registration & Disciplinary Commission, 496 U.S. 91 (1990), adopted ABA Model Rule 7.4 governing Communication of Fields of Practice thereby permitting attorneys certified by an ABA accredited agency to disclose their specialty certification without burden of disclaimer language.

Comment on Rule 7.4 reads, in part, that paragraph (c) of the rule “provides for certification as a specialist in a field of law.  In Vermont, because there is no appropriate regulatory authority that has a procedure of approving organizations granting certification, the rule requires that the lawyer clearly state such lack of procedure.  If, however, the named organization has been accredited by the American Bar Association to certify lawyers as specialists in a particular field of law, the communication need not contain such a statement” (emphasis added).

The National Board of Trial Advocacy (NBTA) has been recognized by both the ABA and the U.S. Supreme Court and this Board Certification process meets Vermont’s requirements.  Vermont’s adoption of the ABA model rule emphasizes the importance of the certified designation.

Pat Winburn has been Board Certified in civil trial advocacy by the NBTA for over 20 years. We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont.  If you have a personal injury problem feel free to contact us.