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New York

Type: Recognizes ABA Accredited Private Certification Programs

State Programs: None

Regulatory Scheme: New York Rule 7.4(c) says that "A lawyer may state that the lawyer has been recognized or certified as a specialist only as follows:(1)A lawyer who is certified as a specialist in a particular area of law or law practice by a private organization approved for that purpose by the American Bar Association may state the fact of certification if, in conjunction there with, the certifying organization is identified and the following statement is prominently made: “The [name of the private certifying organization] is not affiliated with any governmental authority.” (2) A lawyer who is certified as a specialist in a particular area of law or law practice by the authority having jurisdiction over specialization under the laws of another state or territory may state the fact of certification if, in conjunction there with, the certifying state or territory is identified and the following statement is prominently made: “Certification granted by the [identify state or territory] is not recognized by any governmental authority within the State of New York.” (3) A statement is prominently made if: (i) when written, it is clearly legible and capable of being read by the average person, and is in a font size at least two font sizes larger than the largest text used to state the fact of certification; and (ii) when spoken aloud, it is intelligible to the average person, and is at a cadence no faster, and a level of audibility no lower, than the cadence and level of audibility used to state the fact of certification." 

The 2d Circuit Court of Appeals has held the requirement of publishing some of the content of this disclaimer unconstitutional in Hayes v. NY Attorney Grievance Committee.

Contact:
Counsel
New York State Bar Association
One Elk Street
Albany, NY 12207
518/463-3200
Email
Website

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