Can a lawyer advertise as 'certified,' a 'diplomate,' or a 'specialist' based on a National Board of Trial Advocacy certification?

Plain-English summary

On the facts presented, the committee was of the opinion that a lawyer could advertise himself as "certified as a criminal trial advocate by the National Board of Trial Advocacy." It drew a line at two other formulations. The committee was of the opinion that the term "diplomate" might be misleading or deceptive because that term did not appear in the certificate given to the lawyer.

The committee was further of the opinion that the other examples in the inquiry would be prohibited because they used the word "specialist," which would appear to violate RPC 7.4.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule on communicating fields of practice and specialization, then numbered RPC 7.4 and corresponding to Model Rule 7.4, has since been amended, and the constitutional limits on restricting truthful specialization claims have developed in later case law. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a lawyer state a certification from a private board like the NBTA in advertising?

A: Per the opinion, yes on these facts: the committee was of the opinion that a lawyer could advertise being "certified as a criminal trial advocate by the National Board of Trial Advocacy."

Q: Why did the committee object to the term "diplomate"?

A: The committee was of the opinion that "diplomate" might be misleading or deceptive because that term did not appear in the certificate the lawyer had received.

Q: Could the lawyer advertise as a "specialist"?

A: No. The committee was of the opinion that examples using the word "specialist" would be prohibited because they would appear to violate RPC 7.4.

Background and rules framework

The opinion applies Washington RPC 7.4 (communication of fields of practice and specialization), corresponding to Model Rule 7.4. The committee distinguished an accurate statement of a specific certifying board's certification, which it allowed, from the unqualified label "specialist" and from a term ("diplomate") not found in the lawyer's actual certificate, which it treated as misleading or prohibited.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.4 (communication of fields of practice and specialization), corresponding to Model Rule 7.4.

See also

• WSBA Ethics Op. 919: a letterhead implying a specialty and a potentially misleading firm name
• WSBA Ethics Op. 964: a business card identifying the lawyer as both attorney and real estate agent
• NY State Bar Op. 1031: using "specialist" in a nonlawyer job title
• Oklahoma Bar Op. 60: stating a specialty on an office door and professional card

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=186

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1075
Year Issued: 1987
RPC(s): RPC 7.4
Subject: Advertising; use of "certified," "diplomate," and "specialist"

The Committee was of the opinion that, based on the facts in your inquiry, a lawyer could advertise himself as "certified as a criminal trial advocate by the National Board of Trial Advocacy." The Committee was of the opinion that the term "diplomate" might be misleading or deceptive as that term does not appear in the certificate given to the lawyer. The Committee was further of the opinion that the other examples presented in your inquiry would be prohibited because they use the word "specialist" which would appear to violate RPC 7.4.