(Gregory Frost, partner at Breazeale, Sachse & Wilson. Photography by Don Kadair)
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. When the Health Insurance Portability and Accountability Act, or HIPAA, Privacy Rule was issued in 2000, he immersed himself in its intricacies and became one of the state’s foremost experts.
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“Laws are never repealed; we just add layers and layers and layers,” says Frost, who now is a partner with Breazeale, Sachse & Wilson.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 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.’”
Last summer, Seale & Ross established a commercial drone/unmanned aircraft system practice group. Three of the firm’s members are pilots, and it has relationships with several clients housed at Hammond Northshore Regional Airport, so the new niche complements the existing practice, says attorney Jennifer Lee.
“This differentiates our firm from any other firm,” Lee says.
Firm founder Jay Seale says building knowledge in a new, emerging area of the law helps the firm to develop business outside of the state.
“The legal profession is so significantly overpopulated right now,” he says, “that lawyers who want to excel are sometimes pulled into narrower and narrower areas.”
And some areas of the law are becoming so technical that it’s hard for a generalist to keep up, Seale adds. Ideally, as attorneys build their careers, they find practice areas for which they have both aptitude and passion.
Patty McMurray, a partner with Adams & Reese, joined the board of Children’s Charter, one of Baton Rouge’s first charter schools, shortly after it opened. The rules governing charters were new then, and she did a lot of pro bono work helping the school figure things out.
Today, south Louisiana has lots of charter schools, and McMurray helps with opening and operating many of those schools as team leader of her firm’s charter school practice. While she still works in other aspects of the law, including bankruptcy, forestry and real estate, about 60% of her time is spent on charter school issues.
“If you’re really lucky, you find something that you have a passion for,” she says. “And if you’re really lucky, you get to work with a wonderful group of clients that are on that same mission.”
Some of the niche practice areas of local and regional law firms include:
Adams and Reese: Has a charter school practice group that can assist in launching and operating privately managed public schools.
Breazeale, Sachse & Wilson: Attorney Saul Newsome focuses on international trade and foreign direct investment, with particular expertise regarding Cuba.
Jones Walker: Says it has the largest gaming (otherwise known as gambling) practice in the southeastern United States.
Kean Miller: The Louisiana Economic Development Team helps clients coming to the state to develop projects, such as Sasol in southwest Louisiana.
The Maughan Law Firm: The firm’s entertainment law team is licensed to practice in Louisiana and California.
Rowe Law Firm: Offers deep knowledge of adoption law.
The Scott Law Firm: Immigration law is one of this firm’s core practice areas.
Seale & Ross: Has a practice group that covers issues related to unmanned aircraft.
Stone Pigman: Its CornerStone Program caters to startups and emerging companies.
Taylor Porter: Three attorneys are well-versed in church property law.
Watson, Blanche, Wilson & Posner: Touts knowledge of mental health commitment and interdiction proceedings.
Whitehead Law Firm: Practice areas include franchise law, and the firm says it has created and enforced agreements for national franchisors.
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