National Board of Trial Advocacy

General Principles for Certification of Family Law Trial Advocates

1. No standards shall in any way limit the right of a certified family law trial advocate to practice law in all fields.

2. No lawyer shall be required to obtain a certificate in family law trial advocacy before he or she can practice in this field.

3. Certification is individual and voluntary. Certification is open to all who qualify.

4. A lawyer may have more than one certification from other divisions of the National Board of the National Board of Legal Specialty Certification.

5. Certification shall be for five years, after which time the certificate cannot be used unless the lawyer is recertified. Certification may be revoked at any time for violations of the General Principles or Standards of the National Board of Trial Advocacy.

6. Application will be made to the National Board of Trial Advocacy, on the forms supplied by the Board, and accompanied by the appropriate fee.

7. Applicant must complete all requirements, including the examination, within two years of application. If the certification process is not satisfactorily completed within the two year period, the applicant will need to reapply and re-submit all required fees. An application can be denied at any time within the two year application period for failure to successfully meet the requirements for certification.

8. A certificate will be issued upon a showing by the applicant, and by the Board's own investigation, that the applicant complies with the standards and regulations for certification.

9. All applications and other information submitted to the National Board of Trial Advocacy shall be privileged and confidential, except as compelled by law and, except that the Board may reveal the fact of an application for the purpose of verifying information submitted by the applicant, and for the purpose of making such inquiries with respect to the character and professional reputation of the applicant as may be authorized by its rules.

10. The National Board of Trial Advocacy does not discriminate against any lawyer seeking certification on the basis of race, religion, gender, sexual orientation, disability, or age.

11. The National Board of Trial Advocacy is dedicated to the identification of lawyers who possess an enhanced level of skill and expertise in family law trial advocacy, and have demonstrated integrity and dedication to the interests of their clients and their clients' children, thereby improving the professional competence of lawyers.

Standards for Family Law Certification - rev.2/07

1. Good Standing and Period of Practice

   1. The applicant shall furnish evidence of his or her good standing in the state of his or her admission, or if admitted in more than one state, in the state of his or her principal practice.

   2. Immediately preceding application, the applicant must have spent five (5) years in the actual practice of family law.

2. Substantial Involvement

   1. The applicant must make a satisfactory showing of substantial involvement in family law practice, with at least thirty (30) percent of his or her time spent practicing family law litigation, during the three (3) years preceding the filing of the application.

   2. Within the applicant's career, the applicant must make a satisfactory showing of substantial involvement by personal participation that he or she has appeared as lead counsel for a party or parties in family law trial advocacy, in not less than fifteen (15) trials of family law matters to verdict or judgment, including not less than 30 days of trial (a "day" of trial is not less than six hours).

   3. Within the applicant's career, the applicant shall also have actively participated in twenty (20) additional contested matters. This may include trials (jury or non-jury); evidentiary hearings or depositions; and motions heard before or after trial.

   4. Within the applicant's substantial involvement and contested matters, one of the following four conditions must be met three years prior to application:

      1. eight (8) days of trial; or

      2. active personal participation in ten (10) litigated matters, either directly handled to conclusion as lead counsel or in a supervisory capacity to lead counsel, or

      3. participation in eighteen (18) performances (evidentiary hearings or depositions which either oral argument was made or testimony was taken, or motions heard before or after trial), or

      4. a combination of trial days, participation in litigated matters or performances which demonstrates substantial involvement in the specialty equivalent to one of the three subsections above as approved by the Standards Committee.

3. Educational Experience

   1. The applicant must demonstrate substantial participation in continuing legal education and the development of the law relevant to the field of family law, in the three year period immediately preceding application either:

      1. By attendance and/or electronic participation at not less than forty-five hours in programs of continuing legal education relevant to family law practice, approved by the Standards Committee. (20%) Twenty percent of the continuing legal education may be in ethics.

      2. By equivalent participation through, but not limited to, the following means, approved by the Standards Committee:

         1. Teaching courses or seminars in family law or ethics;

         2. Participation as panelist, speaker, or workshop leader, at educational or professional conferences in family law or ethics;

         3. Authorship of books, or of articles published in professional journals, on family law or ethics;

         4. By combination of the three subsections above.

4. Peer Review

   1. The applicant shall submit the names of ten to twelve references, not present partners, associates, or relatives of the applicant. These references shall be substantially involved in family law trial advocacy, and familiar with the applicant's practice in that field. References satisfactory to the NBTA must be received from at least three judges before whom the applicant has tried a matter in the field of family law, not more than three years before application; and at least three shall be lawyers with whom, or against whom, the applicant has tried a matter in family law within three years of application.

   2. NBTA will solicit confidential statements from all persons listed as references and may solicit confidential statements of reference from other persons, familiar with the applicant's practice, not specifically named by the applicant. All reference statements received will be reviewed by the NBTA to assess whether the applicant has demonstrated an enhanced level of skill and expertise in the family law trial practice area, integrity and consideration for the interests of clients and their clients' children.

5. Examination
   The applicant must pass a written examination to test his or her proficiency, knowledge, and experience in family trial law, so that the applicant may justify his or her representation of specialization to the public.

6. Legal Writing Document
   The applicant shall submit a copy of a legal writing document, no more than three (3) years before the date of application which he or she has prepared and submitted, but not published. This will be a substantial document in family law, containing concise and accurate writing, stating facts (either actual or hypothetical), stating applicable law, analysis of how the law applies to the facts, written in an appropriately argumentative manner and well constructed (i.e. organized, grammatical, demonstrative of good syntax and usage). The quality of the legal document will be evaluated on those criteria and will determine whether the applicant is qualified for certification.

7. Disclosure of Conduct

   1. In order to assist the evaluation of whether the applicant possesses an enhanced level of skill and expertise in family law trial advocacy and has demonstrated integrity and dedication to the interest of clients and their clients' children, the applicant shall, to the extent known, disclose to the National Board of Trial Advocacy as soon as permitted by law:

      1. The filing of any criminal charges against the applicant together with all details called for by the Disclosure of Conduct Form;

      2. The filing or submission of any allegation of unethical or inappropriate professional conduct with any court, grievance committee or disciplinary board or body together with all details called for by the Disclosure of Conduct Form.

      3. The assertion of any claim of professional negligence or professional liability, whether or not suit has been filed, which is based in any part on alleged acts or omissions of the applicant or member or on the acts or omissions of any other attorney over whom the applicant or member had any responsibility together with all details called for by the Disclosure of Conduct Form.

   2. The National Board of Trial Advocacy shall determine, in accordance with its standards and procedures whether the conduct is such that certification should be granted, denied, suspended or revoked, or whether action should be deferred pending receipt of additional information. The NBTA will take into consideration any findings made by other bodies concerning such conduct, but is not bound by any such findings and will make its own independent assessment concerning how such conduct bears on whether an attorney is qualified to obtain or maintain certification.

   3. The failure of an applicant to disclose such conduct is a material misrepresentation and may be cause for rejecting an application or refusing to grant certification, or for suspending or revoking a certificate. The applicant shall have a continuing duty to disclose such matters to the board.

Recertification Standards

1. Good Standing
   The applicant shall furnish satisfactory evidence of good standing in the state of his or her admission or, if admitted in more than one state, in the state of his or her principal practice.

2. Substantial Involvement

   1. The applicant must make a satisfactory showing of substantial involvement in the specialty with at least thirty percent of his or her time spent practicing family law trial litigation during the five years preceding recertification.

   2. The applicant must further demonstrate substantial involvement in family law trial practice during the five years preceding recertification by showing that he or she has appeared as lead counsel for a party or parties:

      1. In family law trial advocacy, not less than 15 trial days of family law matters.

      2. As an alternative, in place of the trial day requirement, one of the following:

         1. participation in 30 family law litigated matters, either directly handled to conclusion as lead counsel or in a supervisory capacity to lead counsel or,

         2. participation in 45 family law performances which would include depositions or hearings as which either oral argument was made or testimony was taken or,

         3. a combination of trial days, participation in litigated matters or performances which demonstrates substantial involvement in family law equivalent to one of the two subsections above as approved by the Standards Committee of the Board of Directors.

3. Educational Experience
   The applicant must show that he or she participated in and completed at least forty-five hours of educational activity, as set forth in Part C of the Certification Standards, during the five years preceding recertification.

4. Peer Review

   1. The applicant shall submit, the names of six references, not present partners, associates, or relatives of the applicant. Such references shall be substantially involved in the field of family trial law, and should be familiar with the applicant's practice in that field. At least two shall be judges before whom the applicant has appeared as an advocate in the field of family trial law not more than three years before application; and at least two shall be lawyers with whom, or against whom, the applicant has appeared as an advocate in that field within three years of application.

   2. NBTA will solicit confidential statements from the references named by the applicant and may solicit confidential statements of reference from other persons, familiar with the applicant's family law practice, not specifically named by the applicant. References satisfactory to the NBTA must be received from at least one judge and from at least two attorneys. All reference statements received will be reviewed by the NBTA to assess whether the applicant has maintained the enhanced level of skill and expertise in the practice area and the integrity and consideration for the interests of clients necessary to merit recertification.

5. Disclosure of Conduct
   The applicant shall comply with Part G of the Certification Standards in the same manner as an applicant for certification.

Annual Reporting

Annually, members will be required to submit a Disclosure of Conduct/Liability and annual dues. The applicant's annual dues and Disclosure of Conduct (Part G of the Certification Standards) must be current before an application for recertification will be granted. Disclosures of Conduct/Liability shall be submitted to the Standards Committee to determine if certification should be continued.

Denial or Revocation of Certification

1. An application for certification may be denied for failure to comply with any of the requirements relating to good standing, substantial involvement, educational experience, peer review, examination, legal writing, disclosure of conduct, financial responsibility or any other failure to demonstrate possession of an enhanced level of skill and expertise in family law trial advocacy and demonstrated integrity and dedication to the interests of clients and their clients' children.

2. An application for recertification may be denied for failure to comply with any of the requirements relating to good standing, substantial involvement, educational experience, peer review, disclosures of conduct, financial responsibility or any other failure to demonstrate possession of an enhanced level of skill and expertise in family law trial advocacy and integrity and dedication to the interests of clients and their clients' children.

3. An existing certification may be revoked for failure to demonstrate maintenance of an enhanced level of skill and experience in family law trial advocacy and integrity and dedication to the interests of clients and their clients' children as required for certification.

4. Decisions of the Examination Committee and the Brief Review Committee are final and not subject to further review or appeal. An attorney who is refused certification for any other reason, or who is refused recertification or whose certification is revoked may pursue review under the Appeal Procedures of the NBTA. Exhaustion of this right shall be a condition precedent to judicial review.

5. A lawyer who is refused certification or recertification, or whose certification is revoked, may not apply for certification until one year after the date of such refusal, denial or revocation.

6. Suspension of the license to practice law shall operate as an automatic revocation of certification.

7. A lawyer who publicizes a certification or application for certification prior to its being granted, or continues to publish a certification after it has been revoked or suspended, may be barred from certification.