We are asked this question often and have found that certification and non-certification has created some confusion for our clients. Here is a short explanation.

All licensed lawyers can practice law. Many lawyers started practicing law long before the certification process was established and have opted to let their experience speak for them rather than the certification.

Certifying lawyers is an attempt by the Texas State Bar to give consumers a way to measure a lawyers experience in a given area. However,
non-certification does not indicate a lack of experience.

Lawyers in Texas become certified by voluntarily taking a test and following other procedures to become certified in a particular area of law. This certification lets the consumer know the lawyer has gone through this process.

When shopping for a lawyer, you should ask them about their experience in a given area.

Rule 7.04(b)(3) of the Texas Disciplinary Rules of Professional Conduct requires that any lawyer who advertises any area of practice in which he or she is not board certified must include the disclaimer statement in the ad stating that he or she is not certified in that area of the law. The disclaimer must contain no changes, abbreviations or additions. It must be displayed conspicuously and be separate and apart from other text. Currently, this disclaimer requirement is still a part of the Texas Disciplinary Rules of Professional Conduct, and all advertisements must comply with Rule 7.04(b)(3).