LEGAL VIEW / JEFFREY S. KLEIN and LOUIS M. BROWN : State Guide Lists Legal Specialists

The State Bar has a new publication: “California Certified Legal Specialists 1991.” This directory of about 2,100 state lawyers is a resource for those seeking specialized legal assistance in six subject areas: criminal law; family law; immigration and nationality law; probate, estate planning and trust law; taxation law, and worker’s compensation law.

So far, so good. But what about people who don’t know enough about the law to pick the right specialty? Many consumers may need to know more about the substance of the work done in each of the fields.

Suppose you were named as a defendant in a tax fraud case. Do you hire a criminal-law specialist or a tax lawyer? Will an estate-planning lawyer serve your needs if you are a foreign national who needs a will, or do you need an immigration lawyer too?

The directory fails to mention that a lawyer need not be a certified specialist to practice law in one of these areas or to focus his or her practice solely in that area. There are no doubt many competent lawyers who, for one reason or another, have not taken the written exam and met the other requirements to become a certified specialist.

To help in your quest for legal services, here’s a brief rundown of the six specialties recognized by the State Bar:

* Criminal law. If you are, or think you are about to become, a defendant in a case alleging that you committed a crime, you need such a lawyer. You can also consult such a lawyer about whether a proposed course of conduct is lawful.

* Family law. Divorce is the main component of this arena, although such lawyers also draft prenuptial contracts and deal with child custody issues and related subjects. The allocation of pension benefits and life insurance is tricky. If you need a new will after the divorce, this might be not the best person to draft it, although a divorce lawyer may have a good referral.

* Immigration and nationality law. These specialists can guide you or your employees in obtaining citizenship. Deportation comes within this field. An employer seeking to hire a foreign visitor may consult this expert about legal requirements.

* Probate, estate planning and trust law. Estate planning occurs during life. Probate occurs after death. If you need guidance concerning the succession of your property, or in handling your assets, try this specialist.

* Taxation law. This may overlap with estate planning. A tax specialist is generally concerned with income tax law; the estate-planning lawyer deals with estate taxes. But in terms of legal counsel, there is not always a clear dividing line in complex financial transactions. The procedures handled by such a lawyer vary from determining the tax consequences of a transaction such as a purchase of property to court proceedings.

* Worker’s compensation law. If you are injured in the course and scope of your employment, this specialist will help protect your interests and collect appropriate damages. Insurance agents are also a good source of information on this subject, especially from the employer’s perspective.

The directory gives names, addresses and phone numbers of the lawyers, who are listed by county. To order a copy, send a check for $10 to the Board of Legal Specialization, State Bar, 100 Van Ness Ave. 28th floor, San Francisco, Calif. 94102. Checks should be made payable to the board.

Klein is an attorney and president of The Times Valley and Ventura County editions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.