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Becoming a Legal Specialist

The North Carolina State Bar Board of Legal Specialization (NC Board) is pleased to announce that it has launched an alliance with The American Board of Certification (ABC) to allow qualifying lawyers to take one examination in seeking certification by both organizations.

The NC Board certifies North Carolina lawyers as bankruptcy specialists. The ABC certifies bankruptcy specialists on a nation-wide basis. Each program has its own experience, education, peer review and examination requirements.

Prior to January 2006, each organization wrote and administered its own examination. Under the old rules, lawyers seeking certification by both organizations had to pass both the NC Board exam and the ABC exam. Under the new rules, the NC Board will use the exam written and administered by the ABC instead of writing its own exam. Grading and appeals will also be handled by the ABC.

As a result, North Carolina bankruptcy lawyers may be certified as specialists by both organizations after passing only the ABC exam and meeting the other specialization requirements of each program. Each organization will maintain its own application procedures and experience, education, and peer review standards that must be met to be certified as a specialist by that organization.

There are also grandfathering rules that will allow a specialist certified by the NC Board or the ABC prior to March 31, 2007, to become certified by the other organization by filing an application with the appropriate program (i.e., the program for which the lawyer seeks additional certification) by March 31, 2007.

Below is an explanation of the alternatives for a lawyer who is not currently certified by either program:

1. Seeking certification by the NC Board only. A lawyer seeking certification by the NC Board, but not applying for certification by ABC, must submit:

a. To the NC Board:

i. The NC Board's application;

ii. The NC Board's application fee ($250);

iii. Exam fee of $125, which is due in October following approval to sit for the exam.

Applicants are encouraged to take the exam at the NC Board's examination date in early November, however an applicant may also select an alternative test date from the ABC website. The applicant must notify the NC Board's staff prior to registering for an alternative exam date. If an applicant chooses an alternative test date, the applicant must pay the exam fee directly to ABC.

ABC examination scores are valid in North Carolina for two calendar years; therefore an applicant to the NC Board must meet the other NC Board requirements no later than December 31 of the next calendar year after the calendar year in which the applicant passes the ABC exam.

A lawyer initially seeking certification by only the NC Board may subsequently use the examination results to seek certification by ABC by applying to ABC within two years of passing the ABC exam.

Information relating to the ABC exam can be found at http://www.abcworld.org.

2. Seeking certification by ABC only. A North Carolina lawyer seeking certification by ABC and not by the NC Board must apply to the ABC and meet the ABC requirements. Go to http://www.abcworld.org for information regarding these requirements.

3. Certification by Both Organizations. Other than passing the ABC exam, a lawyer must pass the requirements set by each organization to be certified by that organization. The lawyer must submit the following to each organization:

a. To the NC Board:

i. The NC Board's application;

ii. The NC Board's application fee of $250;

b. To the ABC:

i. The ABC Long-Form Application;

ii. The ABC application fee;

iii. The Exam Registration Form; and

iv. The ABC Examination Fee.

All applications and fees must be submitted on time based upon the separate requirements of each organization. All education requirements, peer review, and experience requirements of each organization must be met in order to obtain certification by that organization.

ABC rules, procedures and fees apply to an applicant seeking ABC certification in the same manner as other ABC applicants.

ABC examination scores are valid in North Carolina for two calendar years; therefore, an applicant to the NC Board must meet the other NC Board requirements no later than December 31 of the calendar year after the calendar year in which the applicant passed the ABC examination.

If a lawyer passes the ABC exam, but fails to meet the other certification requirements of either organization, (s)he may be certified by only the organization whose requirements have been met. Other than the exam, the certification requirements of each organization apply independently.

5. Grandfathering (ABC to NC). An applicant who passed the ABC examination prior to December 31, 2005, may apply for certification to the NC Board without taking an additional examination if the applicant applies to the NC Board prior to December 31, 2006, by submitting the following:

i. The NC Board's application;

ii. The NC Board's application fee of $250;

ABC Business Bankruptcy Specialists are eligible to become North Carolina Business Bankruptcy Specialists.

ABC Consumer Bankruptcy Specialists are eligible to become North Carolina Consumer Bankruptcy Specialists.

ABC Creditor's Rights Specialists are not eligible for “grandfathering” because there is no corresponding North Carolina specialization.

Applications by ABC Specialists to “grandfather” into North Carolina certification must be received by the NC Board on or before December 31, 2006. All applicants for North Carolina certification after December 31, 2006 will be required to pass the ABC examination.

6. Grandfathering (NC to ABC). An applicant who has passed the NC Board examination prior to December 31, 2005, may apply for certification to ABC without taking an additional examination if the applicant applies to ABC prior to March 31, 2007, by submitting the following:

To the ABC:

i. ABC/NC Form 3, Request for Acceptance of North Carolina Examination Scores;

ii. ABC Short Form Application;

iii. ABC Long Form Application;

iv. ABC Application Fee;

v. Proof of North Carolina certification. (Proof of North Carolina Certification may be obtained by contacting the NC Board staff at 919-828-4620 or emailing amine@ncbar.com).

North Carolina Business Bankruptcy Specialists are eligible to become ABC Business Bankruptcy Specialists.

North Carolina Consumer Bankruptcy Specialists are eligible to become ABC Consumer Bankruptcy Specialists.

Applications by North Carolina specialists to “grandfather” into ABC certification must be received by the ABC on or before March 31, 2007. After March 31, 2007, North Carolina specialists will be required to pass the ABC examination.

7. Exam Locations and Dates.

The ABC administers the ABC examination at various sites across the country throughout the year. In 2006, it is scheduled to give the exam on July 6, 2006 in Asheville, in conjunction with the Commercial Law League convention. The NC Board will administer the ABC exam on November 1 and 2 in Raleigh. The ABC rules also offer the added flexibility of having the exam held at your convenience in your office by paying an additional fee to have an independent proctor present.

For more information about ABC specialization requirements, see http://www.abcworld.org/abchome.html