This section contains the nature of the case and procedural background.

NBTA developed standards and procedures for certification of lawyers with experience and competence in trial work. Those standards were approved by a board of judges, scholars, and practitioners and are objective and demanding. D practiced law in Illinois and was issued a Certificate in Civil Trial Advocacy in 1981, and it was renewed in 1986 and listed him in its Directory of Certified Specialists and Board Members. Since 1983, D's professional letterhead contained statements regarding his certification. D was then brought up on charges that this violated Rule 2-105(a)(3) in that no one could claim certification and Rule 2-101(b) which required that public communications not be misleading. The case made it to the Supreme Court.

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