Dual or Dueling Expertise?

The practice of law is tough. Law school, licensure, building expertise in a field…these things take devotion, lots of studying, and, most of all, time. In days gone by, an attorney could take care of all his client’s legal needs whether they related to criminal, family, real estate, business, or some other field of practice. In fact, most lawyers (or, advocates, as they were originally called) practiced law as a second profession.

As the legal field has grown in complexity, attorneys have been forced to narrow their area of practice to maintain competency. So does it make sense for an attorney to practice in two separate areas? And if so, under what circumstance? In typical lawyerly fashion the answer is, “It depends.”

There are many instances in which a client may need assistance with multiple specialties related to the same issue. For example, a school district interested in the construction of a new high school could need attorneys well versed in such varied topics as real estate, construction, contract, and school law. Unfortunately, in today’s legal environment, it is virtually impossible for a single attorney to possess expertise in all of these practice areas. The more practical solution would be for the client to hire a firm with attorneys practicing in each of these fields.

Many clients cannot afford an entire legal team. Plus there are several areas of practice that tend to naturally overlap. For example, estate planning frequently overlaps with tax or business law when it comes to large estates or the inheritance of a family business. Thus, it's not uncommon to find an attorney who practices in both of these areas. And attorneys who regularly practice civil trial or appellate law will almost always end up gravitating toward a specialty like medical malpractice, first amendment law, or personal injury.

Likewise, many divorce clients can benefit from hiring a family and criminal lawyer. Seeking restraining or protective orders are a common strategy for many family law attorneys, but such motions require an understanding of criminal law that many family attorneys just don’t have. All family law attorneys benefit from knowing how to obtain and utilize the opposing party’s criminal history.

Contested divorces frequently stem from incidents involving criminal charges such as domestic abuse. Having a single attorney handle these criminal matters that are deeply integrated into a family law proceeding just makes good sense for the client, particularly on the defense. Conversely, requiring multiple attorneys to be up to speed on the ins and outs of such cases can result in a costly and unfavorable outcome for everyone involved. If you currently practice family law, it is likely a wise move to learn at least some areas of criminal law as well.

Other than the examples mentioned above, how do you decide whether dual areas of expertise make sense for you? Look at your most common practice area. Are you a tax attorney? It may make perfect sense for you to become a CPA. Do you practice Mergers and Acquisitions? You may consider building your expertise in any one of many areas such as real estate, tax, or antitrust law. Do you handle habeas cases? Having expertise in both criminal and appellate law is almost a must. If you’re a family law attorney, having dual specializations in criminal law and estate planning can result in exceptional outcomes for both you and your client.

But on the flip side, picking two areas that don’t naturally fit well together, or that are both extraordinarily complex, may result in disaster. The family law attorney who agrees to draft a will for his client may find himself in trouble if she doesn’t know the nuances of her jurisdiction's probate code. Or a tax attorney who dabbles in medical malpractice may find himself in deep water if his lack of expertise results in a lost lawsuit.

Remember that virtually every bar in America has rules preventing attorneys from practicing in fields where they don’t possess sufficient expertise to do so effectively. Thus, tackling multiple fields without expertise can land you in hot water with both your client and your state bar.

A good rule of thumb is to stick to what you know, but if you routinely come across situations in which your client needs expertise in a different field, start to pick it up. Consult with your state bar to help you find a mentor in the field that can guide you through the ins and outs of the practice area until you gain the competence and confidence to take on such dual practice cases on your own.

If your jurisdiction offers it, consider specialization in both fields. Dual specializations give you the confidence and credentials to handle dual representation efficiently and effectively, benefiting your client, and giving you the opportunity to advertise as–and charge a rate commensurate with–a true expert in the field…a win-win for both you and your clients.

In the end, whether you want to focus on or specialize in one or more areas of law is going to be a personal decision based on your comfort with forging into new areas of law, the time you are willing to commit to continuing legal education, and–most importantly–the areas of law you are interested in practicing. Either way, there is a place for you in the legal field, as long as you don’t try to take on too much, but stick to areas in which you can effectively represent your client.