Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
12/05/2000
Opinion Number:
00-12
Title:
CERTIFICATION -- NCDUI
Opinion:
Pursuant to DR 2-l03(C) of the Iowa Code of Professional Responsibility for Lawyers the Iowa Supreme Court Board of Professional Ethics and Conduct, acting as a commission of the Iowa Supreme Court, may authorize participation and directory listing by Iowa Lawyers in an organization of lawyers engaged in a particular area of practice upon satisfaction of those conditions as set out therein. The Board has previously approved listing by Iowa Lawyers in the National Board of Trial Advocates (opinions 89-55 and 90-39) and the American Bankruptcy Institute (opinion 91-43) The Board has now been asked to approve listing by Iowa lawyers in the National College for DUI Defense, Inc.
Having examined the criteria for selection to membership in the National College for DUI Defense, Inc., and being satisfied that Iowa lawyers selected for membership must have complied with the requirements of DR 2-105; that participation is based upon meeting stated high standards of professionalism and competence in that area of practice; that the National College for DUI Defense, Inc. regularly conducts training or professional learning and exchange concerning that area of practice; that neither the National College for DUI Defense, Inc. nor anyone other than the Iowa lawyer member has any part in or share in the conduct or practice of law in that area of practice and does not participate in any way in fees charged by the Iowa member, Iowa lawyers may participate in and be listed in the directory of the National College of DUI Defense, Inc. provided its directory listing of Iowa lawyers carries the disclaimers required in DR 2-101(A)(C), and DR 2-105(A) of the Iowa Code of Professional Responsibility for Lawyers.
It is further the opinion of the Board that Iowa lawyers selected for membership in the National College of DUI Defense, Inc. may indicate such certification on letterheads, professional cards and in telephone directory advertising as follows: “Certified in DUI Defense by the National College of DUI Defense, Inc.,” if such indication also carries the following disclaimer in the same size type as the indication itself, as follows:
“The National College of DUI Defense, Inc. is a private organization not affiliated with or sanctioned by the state or federal government. Such certification does not mean that such lawyer is necessarily any more expert or competent than any other lawyer, nor does it imply a success rate in trials higher than other lawyers.”
"See new Formal Ethics Opinion 02-02, September 18, 2002."