Wednesday, September 1, 2010

"Specializing In" or One of Many Practice Areas: Selecting an Attorney

When you see an attorney advertising on TV or Billboards, what do you think?

Advertising has been a special problem for attorneys for decades. The First Amendment guarantees "Free Speech" but Bar Associations such as The Florida Bar place significant restrictions on what an attorney can say, when and to whom.

One area of concern to the bar is the "Specialist" or advertising an area of practice with "Specializing In" stated. For an attorney, becoming a "Specialist" means being Certified by the Florida Bar. To be certified, an attorney must devote more than 50% of practice for the previous 5 years to the given area. In Family Law, to advertise as Specializing in Family Law, the attorney must devote the Majority of practice to family law, pass a separate test in Family law, and must have at least two major hearings or trials per year to maintain proficiency.

To advertize "Specializing in Elder Law", one must be "Certified in Practice", devote the Majority of Practice to Elder Law, Pass a difficult test in addition to the Bar Exam, and devote many hours to continuing Legal Education in the area of Elder Law.

From reading this you see how it is virtually impossible to be a specialist in Family law and Elder Law at the same time.

My Practice focuses on both Family Law and Elder Law, but I am not a "Specialist." I devote about 1/2 my practice to each area, but cannot sit for either exam due to my significant practice in both areas. Additionally, Mediation and settlement of most Family Law matters prevents me from going to Trial in the requisite number of cases each year.

My practice is all about helping people and I enjoy my practice. While I'd like to be a "Specialist", for now, I will have to be happy serving my clients needs to the best of my abilities and let their referrals indicate whether I am fulfilling my calling.

If you need help with a family law matter or elder law matter, visit my website at http://www.aubreylaw.com/ or call me at 407-645-3297. I will be happy to assist you. Aubrey

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