On April 29, 2003, the Tennessee Supreme Court filed an order amending Rule
7.4 of the Rules of Professional Conduct ( RPC ) which eliminated the prior
requirement for a lawyer to state whether the lawyer was certified as a
specialist within areas of law listed in the lawyer's advertisements, or
whether certification was available within listed areas of law. This amendment
became effective on June 1, 2003 and changes the disclosure requirements of the
past 10 years which were based on DR 2- 101(C) of the prior Code of
Professional Responsibility.
However, RPC 7.4(b) does not allow a lawyer to communicate that the lawyer is
a “specialist”, practices a “specialty”, specializes in a particular field or
that the lawyer has been recognized or certified as a specialist in a
particular field of law except that the lawyer may state that he or she has
been certified as a specialist by the Tennessee Commission on Continuing Legal
Education and Specialization, or that the lawyer is certified as a specialist
in that field of law by an organization recognized or accredited by the
Tennessee Commission on Continuing Legal Education and Specialization, in
accordance with RPC 7.4(d).
The Supreme Court also concluded in RPC 7.4(c) that recognition of
specialization in patent matters is a matter of long-standing policy of the US
Patent and Trademark Office (USPTO), and that lawyers who are admitted to
practice before the USPTO may use the designation “patent attorney” or a
substantially similar designation.
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