Becoming a Legal Specialist - Bankruptcy Law
The North Carolina State Bar Board of Legal Specialization (NC Board) has 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 uses the exam written and administered by the ABC instead of writing its own exam. Grading and appeals are 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 maintains its own application procedures standards that must be met to be certified as a specialist by that organization.
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 to the NC Board:
i. The NC Board's application;
ii. The NC Board's application fee ($250);
iii. Exam fee of $150, 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 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 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:
To the NC Board:
i. The NC Board's application;
ii. The NC Board's application fee of $250;
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.
4. Exam Locations and Dates. The ABC administers the ABC examination at various sites across the country throughout the year, see www.abcworld.org/exam/ for details regarding locations. The NC Board administers the ABC exam in early November each year 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 www.abcworld.org/abchome.html