Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
09/18/2002
Opinion Number:
02-02
Title:
RESCISSION OF PRIOR OPINIONS REQUIRING DISCLAIMERS
Opinion:
Pursuant to DR 2-103(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 set out therein. In furtherance of that authority the Board has in prior Opinion 90-39 authorized Iowa lawyers to indicate on their letterhead and elsewhere, “Certified in Civil Trial Advocacy by the National Board of Trial Advocacy,” in prior Opinion 91-43, “Certified in Bankruptcy by the American Bankruptcy Institute Board,” and in prior Opinion 00-12, “Certified in DUI Defense by the National College of DUI Defense, Inc.” However, in each instance the Board has required inclusion of a disclaimer with each such indication similar to the disclaimer required when indicating certification by the National Board of Trial Advocacy.
“The National Board of Trial Advocacy 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.”
To be consistent with the DR 2-101 and DR 2-105 advertising rules amendments effective February 15, 2002, eliminating the previous DR 2-101(A), DR 2-101(C), and DR 2-105(A) disclaimers, it is the opinion of the Board that the disclaimers required by its prior Opinions 90-39, 91-43, and 00-12 be eliminated. Except for the elimination of those disclaimer requirements those prior opinions shall remain in effect and hereinafter Iowa lawyers so certified may continue to indicate the following certifications on their letterhead and elsewhere without an accompanying disclaimer:
“Certified in Civil Trial Advocacy by National Board of Trial Advocacy”
“Certified in Bankruptcy by the American Bankruptcy Institute Board”
“Certified in DUI Defense by the National College of DUI Defense, Inc.”