Specialists
Chefs must constantly train and study to become specialists. Lawyers are no different.
A specialist is defined as, “"A person highly skilled in a specific and restricted field.”
Lawyers are prohibited from calling themselves specialists. The supposed reason for prohibiting use of the word specialists is to prevent lawyers from misleading the public. But that’s not really the reason, because lawyers are permitted to mislead the public all the time. There is no rule barring a lawyer from claiming they “do immigration” one day and that they “practice oil and gas law” the very next day, with zero training, education, or experience in either area. But if a true subject matter expert uses the word “specialist,” they could get into real trouble. The real reason for the prohibition against using the word specialist is to protect old general practitioners and prevent actual specialists from obtaining long-term practical and professional business advantages.
Although attorneys may not call themselves specialists, if you have a specific problem, such as a criminal charge, divorce, or an injury, of course you are looking for a specialist. And if an attorney chooses to focus on a specific field or area of law, they’d better be a specialist.
How does a lawyer become a specialist in an area they care about in a profession that prohibits them from calling themselves a specialist even if they really are one?
First, through continuing education and training. In law school, law students really only do one thing: read old appellate cases. That’s it. So a lawyer who wants to practice in a specific area must find education and training outside of law school. As trial lawyers and family law practitioners, we obtain specific training and education through the National Family Law Trial Institute, the National Institute of Trial Advocacy, and the American Academy of Matrimonial Lawyers, among others. These are highly-focused, specialized institutions that train lawyers, and yes, it costs as much or more money to train there as law school costs to read old appellate cases.
Second, to become a specialist, a lawyer must acquire a library. This means reading regular publications, print and email, from legitimate sources about the specific area of law. There are thousands of books on various topics, many of which cross over into multiple specialized areas. For example, in our law firm library we have ‘The Dark Side of Valuation’ by Aswath Damodaran. It is about the struggles associated with valuing young, distressed, and complex businesses. It was not written specifically for lawyers, nor was it written specifically for business valuators who value businesses for divorce purposes. Yet it has tremendous value for both of those audiences. We have acquired a bespoke private library full of expert treatises to inform our work.
Third, and finally, the other way a lawyer may become a specialist is to constantly handle cases in a particular area of law and achieve successful outcomes. This will lead to recognition by legitimate, private peer review organizations such as The Best Lawyers in America, Chambers and Partners, Spear’s, and Lawdragon for work in a specific field.
So, although lawyers may not call themselves specialists, knowing what would make a lawyer a specialist can help you find one in the area you need.
