Health care attorney Gregory Frost went to work for the Louisiana Hospital Association in 1986 as its in-house lawyer and lobbyist. He got a call almost immediately from an organization then known as the Louisiana Medical Records Association.
“They said, ‘Hi, you’re our lobbyist too,’” Frost recalls.
Frost has been dealing with health information law ever since. Luckily, he enjoys it.
As Business Report details in a feature from the current issue, the growing complexity of American law is one reason why the legal profession is becoming more specialized, particularly among lawyers at large firms.
“Laws are never repealed; we just add layers and layers and layers,” says Frost, who now is a partner with Breazeale, Sachse & Wilson. “You’re much more likely to get a good result if you use somebody who specializes.”
The second big reason for increased specialization in the legal field is marketing. There are an awful lot of lawyers out there. Concentrating on particular aspects of the law is a way to stand out.
Frost doesn’t spend all day every day working on HIPAA-related issues; it’s less than 20% of his practice. But his expertise helps him sell himself, and he’s an important resource for colleagues who have questions about HIPAA.
From a business perspective, specialists usually charge more by the hour than generalists, Frost says. But the client might still end up saving money, because an expert might be able to resolve the client’s case more quickly. Frost says it’s important for young attorneys to find a niche, but he says they shouldn’t do so too early in their careers. He says a few years of experience can help them find their likes and dislikes.
William Corbett, interim co-dean and professor at the LSU Law Center, says LSU offers certificates in energy law and a diploma in comparative law. Other law schools offer more concentrations in specific areas. But Corbett is “somewhat skeptical” of the value of specialization for law students. He says few students know what kind of lawyer they want to be. When you ask them, usually “the answer depends on what kind of job they can get,” he says.
The Louisiana Board of Legal Specialization, established in 1993, recognizes six official specialties: business bankruptcy, consumer bankruptcy, estate planning and administration, family law, tax law, and appellate practice. Employment law and labor law will be added once the Louisiana Supreme Court approves the standards and exams.
Barbara Shafranski, the board’s executive director, expects to begin taking applications for the new specialties next year. Shafranski compares the process to a doctor becoming board certified in a particular area of medicine. Lawyers who call themselves specialists without proper certification risk sanctions—and even disbarment—if they continue to present themselves as such.
Beyond the board-recognized categories, there are many more areas of law that attorneys focus on as part of their practices. But Louisiana attorneys should not say they “specialize” in those areas, Shafranski says.
“They may practice a lot of immigration law [for example],” she says. “They may focus on immigration law. There are lots of other words they can use, but they cannot use the word ‘specialize’ or ‘an expert in.’”
Read the full story and see a list of local and regional law firms and their specializations. Send your comments to editors@businessreport.com.
