§ Rule 6-4.4 Recertification
Rule 6-4.4. Recertification
To be eligible for recertification, an applicant must meet the following requirements:
(a) Substantial Involvement and Competence. The applicant must demonstrate continuous substantial involvement and competence in the practice of law, of which 50 percent has been spent in active participation in civil trial law throughout the period since the last date of certification. The demonstration of substantial involvement shall be made in accordance with the standards set forth in rule 6-4.3(a)(3).
(b) Minimum Number of Matters. The applicant must have handled the trial of:
(1) two contested civil cases in courts of general jurisdiction (circuit court, federal district court, or a court of similar jurisdiction in other states), of which at least 1 was a jury case conducted by the applicant as lead counsel. Matters deemed unacceptable are defined in rule 6-4.3(a)(2), however, the non-jury matter may include an evidentiary hearing or preliminary injunction as defined in rule 6-4.3(a)(2); or
(2) one jury trial as lead counsel lasting a minimum of 10 days. (For purposes of this rule, a day shall be defined as a minimum of 6 hours.)
(c) Trial Substitution. If the applicant has not participated as lead counsel in a jury trial, the applicant may substitute completion of an advanced trial advocacy seminar, either through teaching or attendance. The advanced trial advocacy seminar must be approved by the civil trial certification committee and include as part of its curriculum active participation by the applicant in simulated courtroom proceedings.
(d) Peer Review. The applicant shall submit the names and addresses of 3 lawyers, 1 of whom is currently board certified in the area of civil trial law, and 1 judge of a court of general jurisdiction (circuit court, federal district court, or a court of similar jurisdiction in another state), before whom the applicant has appeared as an advocate within the 2 years preceding application. Individuals submitted as references shall be sufficiently familiar with the applicant to attest to the applicant's special competence and substantial involvement in civil trial law, as well as the applicant's character, ethics, and reputation for professionalism, throughout the period since the last date of certification. The names of lawyers who currently practice in the applicant's law firm may not be submitted as references. The civil trial certification committee may, at its option, send reference forms to other attorneys and judges or authorize reference forms from other attorneys and judges. Peer review received on behalf of the applicant must be sufficient to demonstrate the applicant's competence, ethics, and professionalism in civil trial law.
(e) Education. The applicant must complete at least 50 hours of approved continuing legal education since the filing of the last application for certification. This requirement shall be satisfied by the applicant's participation in continuing legal education approved by The Florida Bar pursuant to rule 6-4.3(c)(1) through (6).
(f) Waiver of Compliance.
(1) On special application, for good cause shown, the civil trial certification committee may waive compliance with the substantial involvement criteria provided all other requirements of this rule have been complied with.
(2) On special application, for good cause shown, the civil trial certification committee may waive compliance with any portion of the trial and peer review criteria for an applicant who is an officer of any judicial system (as defined in the Code of Judicial Conduct), including an officer such as a bankruptcy judge, special master, court commissioner, or magistrate, performing judicial functions on a full-time basis during any portion of the period since the last date of certification.
(3) On special application, for good cause shown, the civil trial certification committee may waive compliance with the trial criteria for an applicant who has been continuously certified as a civil trial lawyer for a period of 14 years or more.