§ Rule 6-11.3 Minimum Standards

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-11 Standards > Rule 6-11.3

Rule 6-11.3. Minimum Standards

    (a) Substantial Involvement.To become certified as a workers' compensation lawyer, a lawyer must demonstrate substantial involvement in workers' compensation law. Substantial involvement shall include the following:

        (1) At least 5 years of the actual practice of law of which at least 30 percent has been spent in active participation in workers' compensation law. At least 3 years of this practice shall be immediately preceding application or, during those 3 years, the applicant may have served as a judge of compensation claims adjudicating workers' compensation matters.

        (2) The trial of a minimum of 25 contested workers' compensation cases. All such cases must have involved substantial legal or factual issues. 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. As partial satisfaction of the requirement of 25 contested workers' compensation cases, the workers' compensation certification committee may substitute for “trials” their “substantial equivalent” appeals or cases involving protracted litigation of contested workers' compensation cases involving substantial legal or factual issues. Successful completion of a trial advocacy seminar, approved by the committee, that includes as a part of its curriculum active participation by the applicant in simulated courtroom proceedings may substitute as 1 contested workers' compensation case. The total number of cases that may be substituted for the minimum of 25 contested cases, including the successful completion of a trial advocacy seminar, cases of “substantial equivalent,” appeals and cases of “protracted litigation” shall not exceed a total of 10, of which the cases of “protracted litigation” and/or appeals shall not exceed a total of 5 cases, and cases of “substantial equivalent” shall not exceed a total of 5 cases.

        (3) Within the 3 years immediately preceding application, the applicant shall have substantial involvement in contested workers' compensation cases sufficient to demonstrate special competence as a workers' compensation lawyer. Substantial involvement includes investigation, evaluation, pleadings, discovery, taking of testimony, presentation of evidence and argument, and trial of workers' compensation cases. Substantial involvement also includes active participation in the appeal of workers' compensation cases. For good cause shown, the workers' compensation certification committee may waive up to 2 of the 3 years' substantial involvement for individuals who have served as judges of compensation claims adjudicating workers' compensation matters.

    (b) Peer Review.The applicant shall select and submit names and addresses of 5 lawyers, not associates or partners, as references to attest to the applicant's special competence and substantial involvement in workers' compensation practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers themselves shall be involved in workers' compensation law and shall be familiar with the applicant's practice. No less than 1 shall be a judge of compensation claims before whom the applicant has appeared as an advocate in the trial of a workers' compensation case in the 2 years immediately preceding the application. In addition, the workers' compensation certification committee may, at its option, send reference forms to other attorneys and judges of compensation claims.

    (c) Education.The applicant shall make a satisfactory showing that, within the 3 years immediately preceding application, the applicant has accumulated at least 45 hours of approved continuing legal education in the field of workers' compensation law.

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