§ Rule 6-6.3 Minimum Standards For Lawyer Applicants

Rule 6-6.3. Minimum Standards For Lawyer Applicants

(a) Minimum Period of Practice. The applicant must have at least 5 years of the actual practice of law immediately preceding application, of which at least 50 percent has been spent in active participation in marital and family law.

(b) Minimum Number of Cases. The applicant must demonstrate in the application trial experience and substantial involvement as set forth in subdivisions (1) and (2) below, in a minimum of 25 contested marital and family law cases in circuit courts during the 5-year period immediately preceding the date of application. All such cases must have involved substantial legal or factual issues other than the dissolution of marriage. In each of these 25 cases the applicant shall have been responsible for all or a majority of the presentation of evidence and representation of the client.

(1) At least 7 of the 25 cases must have been trials as defined in rule 6-6.2(d). An advanced trial advocacy seminar approved by the marital and family law certification committee, completed either by teaching, attendance, or a combination thereof, shall qualify as 1 of the 7 trials.

(2) The applicant shall have substantial involvement, as defined in rule 6-6.2(e), in at least 18 contested marital and family law cases sufficient to demonstrate special competence as a marital and family lawyer. Any trials in excess of the 7 trials meeting the criteria of subdivision (b)(1) of this rule shall automatically quality as substantial involvement cases.

(3) The determination of whether the applicant has sufficiently demonstrated substantial involvement in each case submitted shall be made on a qualitative basis by the marital and family law certification committee using the information provided by the applicant. The marital and family law certification committee reserves the right to seek additional information from the applicant as it deems necessary to make its determination that the minimum number of cases requirement has been met.

(1) The applicant shall submit names and addresses of 6 lawyers, who are neither current nor former associates or partners of the applicant within the 5-year period immediately preceding the date of application, as references to attest to the applicant's substantial competence and active involvement in the practice of marital and family law as well as the applicant's character, ethics, and reputation for professionalism. At least 3 of the lawyers shall be members of The Florida Bar, with their principal office located in the state of Florida. Such lawyers need not be Florida Bar board certified in marital and family law, however, they should be substantially involved in marital and family law and familiar with the applicant's practice. In addition, all lawyer references must have participated with the applicant, during the 5-year period immediately preceding the date of application, as either opposing or co-counsel in a marital and family law or juvenile dependency proceeding, involving some combination of discovery beyond mandatory disclosure, settlement negotiations, evidentiary hearings in excess of 3 hours, trials, and/or alternative dispute resolution mechanism such as collaborative law, mediation or arbitration. This requirement is to ensure meaningful comment on the applicant's most recent special knowledge, skills, proficiency, character, and reputation for professionalism in the practice of marital and family law, including the consideration of the needs of children and the family unit affected by the applicant's representation.

(2) The applicant shall submit the names and addresses of 3 judicial officers who have presided in circuit courts in the state of Florida and before whom the applicant has appeared as an advocate in a trial or an evidentiary hearing of at least 3 hours in length for a marital and family law and/or juvenile dependency case during the 5-year period immediately preceding the date of application.

(3) The marital and family law certification committee may, at its option, send reference forms to other attorneys and judicial officers, and make such other investigation as necessary to ensure that the applicant's special knowledge, skills, proficiency, character, and reputation for professionalism in the practice of marital and family law, including the consideration of the needs of children and the family, are befitting board certification in marital and family law.

(d) Education. The applicant must demonstrate completion of at least 75 credit hours of approved continuing legal education in the field of marital and family law during the 5-year period immediately preceding the date of application. At least 5 of the 75 credit hours must be in ethics, dispute resolution, collaborative law and/or mental health continuing legal education. Accreditation of educational hours is subject to policies established by the marital and family law certification committee or the board of legal specialization and education and may include such activity as:

(1) teaching a course in marital and family law;

(2) completion of a course in marital and family law;

(3) participation as a panelist or speaker in a symposium or similar program in marital and family law;

(4) attendance at a lecture series or similar program concerning marital and family law, sponsored by a qualified educational institution or bar group;

(5) authorship of a book or article on marital and family law, published in a professional publication or journal; and

(6) such other educational experience as the marital and family law certification committee or the board of legal specialization and education shall approve.

(e) Examination. The applicant must pass an examination applied uniformly to all applicants, to demonstrate sufficient knowledge, proficiency, experience, and professionalism in marital and family law to justify the representation of special competence to the legal profession and the public.