Ezel / Ethics Opinions / NYSBA
NYSBA July 12, 2016

Can a New York lawyer use the 'Accredited Estate Planner' (AEP) designation on a website or business cards?

Short answer: No. Because the National Association of Estate Planners & Councils' AEP program has not been approved by the ABA, the opinion concludes that putting 'Accredited Estate Planner' on a website or business cards violates Rule 7.4.

Apply this to your situation

This page answers the general question as of 2016. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2016
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquirer was pursuing the "Accredited Estate Planner®" (AEP) designation through the National Association of Estate Planners & Councils (NAEPC), a credential open to both lawyers and non-lawyers such as life underwriters and CPAs. He said he would not hold himself out as a "specialist" but wanted the designation on his website and business cards.

The opinion treats the question as one about claiming certification as a specialist, governed by Rule 7.4. Rule 7.4(a) bars a lawyer from stating that the lawyer is a specialist except as Rule 7.4(c) allows, and Rule 7.4(c) permits a specialist claim only when the certifying body is (i) a private organization approved by the ABA for that purpose, or (ii) an authority with jurisdiction over specialization in another state or territory. The committee rejected the argument that "Accredited Estate Planner" does not connote specialization, reasoning that "accredited" and "certified" imply expertise and, used with an area of law, "accredited" is a synonym for "specialist" (¶ 4).

The committee noted that NAEPC administers two programs: the Estate Planning Law Specialist (EPLS) program, which the ABA has approved, and the AEP program, which the ABA has not approved (¶ 5, ¶ 7). Because the AEP program met neither Rule 7.4(c) path, the lawyer could not use the AEP designation in those materials (¶ 8). The opinion declined to decide whether enforcing Rule 7.4 would survive constitutional challenge, calling that a question of law outside its jurisdiction, while citing Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91 (1990) (¶ 6).

In practice

Under the New York rule as it stood at the time of the opinion, the analysis turned on whether the credential's issuing program had been approved by the ABA (or by a sister-state specialization authority). The committee found the AEP program had neither approval, so the AEP title could not appear on the lawyer's website or business cards. The opinion drew a line between the two NAEPC programs: the ABA-approved EPLS program would satisfy Rule 7.4(c)(1), while the AEP program would not.

Common questions

Q: Why can't a New York lawyer advertise the "Accredited Estate Planner" credential?

A: Because Rule 7.4(c) lets a lawyer claim specialist certification only if the certifying organization is ABA-approved for that purpose or is a specialization authority in another state, and the opinion found the AEP program was neither (¶ 7, ¶ 8).

Q: Does it matter that the same organization runs an ABA-approved program?

A: No. The committee noted that NAEPC's separate Estate Planning Law Specialist program is ABA-approved, but the AEP program specifically is not, and only the approval of the program issuing the claimed credential counts (¶ 5).

Q: Does calling something an "accreditation" rather than a "specialty" avoid Rule 7.4?

A: No. The opinion concluded that "accredited," used in connection with an area of law, is a synonym for "specialist," so the designation falls within Rule 7.4 regardless of the label (¶ 4).

Background and rules framework

The opinion interprets New York Rule of Professional Conduct 7.4 (identification of practice areas and specialization), which corresponds to ABA Model Rule 7.4. Rule 7.4(a) prohibits stating that a lawyer is a specialist except as Rule 7.4(c) provides; Rule 7.4(c) sets the two approval pathways (ABA-approved private certifier, or another state's specialization authority) and requires a prominent disclaimer that the certification is not granted by any governmental authority.

Citations and references

Rules of Professional Conduct:

  • MR 7.4 / NY RPC 7.4(a), 7.4(c) (communication of fields of practice and specialization)

Cases:

  • Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91 (1990), on state regulation of certification and specialization claims

Other opinions cited:

  • N.Y. State 1021, N.Y. State 757, N.Y. State 722: a lawyer may not claim to be an "expert" except as Rule 7.4(c) allows

See also

Source

Get today's answer for your situation

You just read a 2016 opinion on this question. Ezel checks the current New York Rules of Professional Conduct and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.