§ Rule 6-16.3 Minimum Standards
Rule 6-16.3. Minimum Standards
(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 30 percent has been spent in active participation in business litigation law.
(b) Minimum Number of Matters. The applicant must have had substantial involvement in a minimum of 25 contested business litigation matters during the 5 years immediately preceding application. All such matters must have proceeded at least to the filing of a complaint or similar pleading and involve substantial legal or factual issues. At least 8 of the 25 matters must have been submitted to the trier of fact for resolution of 1 or more contested factual issues through the presentation of live testimony or other evidence at a hearing. The trier of fact shall include any judge or jury of a court of general jurisdiction, an arbitration panel, administrative agency, bankruptcy court, or other similar body. Courts of “general jurisdiction” include state circuit courts, federal district courts, and courts of similar jurisdiction in other state\ s, but not county courts. At least 1 of the matters shall have been tried before a jury during the 10 years immediately preceding application. “Submission to the trier of fact” and trial before a jury shall require completion of the case in chief of the plaintiff, petitioner, or claimant. If the applicant has not participated in 8 matters submitted to the trier of fact for resolution, the applicant may substitute completion of an advanced trial advocacy seminar for 1 of the 8 matters, either by teaching, attendance, or a combination thereof. Any such seminar must be 3 full days, approved by the business litigation certification committee, and include as part of its curriculum active participation by the applicant in simulated courtroom proceedings. All course materials for the seminar must be submitted to the business litigation certification committee to be considered for substitute credit toward 1 of the 8 matters. On good cause shown, for satisfaction of any of these requirements, the business litigation certification committee may consider involvement in protracted adversary proceedings. A “protracted adversary proceeding” is a “business litigation” matter which, by its very nature, is so time consuming as to preclude the applicant from meeting the requirements of this subdivision. In order to demonstrate compliance with the requirements of this section, the following criteria will be applicable:
(1) summary judgments will not count as 1 of the 8 matters submitted to the trier of fact.
(2) submission to the trier of fact and trial before a jury shall require completion of the case in chief of the plaintiff, petitioner, or claimant;
(3) each preliminary injunction or other evidentiary hearing will count as 1 of the 8 submitted to the trier of fact;
(4) each matter in which the applicant supervises an associate will qualify the matter as 1 of the 25 but not as 1 of the 8 submitted to the trier of fact.
(c) Substantial Involvement. The applicant shall have substantial involvement in contested business litigation cases sufficient to demonstrate special competence as a business litigation lawyer. Substantial involvement includes active participation in client interviewing, counseling and investigating, preparation of pleadings, participation in discovery, taking of testimony, presentation of evidence, negotiation of settlement, drafting and preparation of business litigation settlement agreements, and argument and trial of business law cases.
(d) 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 business litigation law, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers themselves shall be substantially involved in business litigation law and shall be familiar with the applicant's practice. No less than 1 shall be a judge or presiding officer of a court or other tribunal before whom the applicant has appeared as an advocate in a business litigation law matter in the 2 years immediately preceding the application. In addition, the business litigation certification committee may, at its option, send reference forms to other attorneys, judges, or officers and conduct such other investigation as necessary.
(e) Education. The applicant shall demonstrate completion of at least 50 hours of approved continuing legal education in business litigation law within the 3 years immediately preceding the date of application. Such education shall be approved by The Florida Bar and may include such activities as:
(1) teaching a course in business litigation law (teaching credit shall be calculated at the rate of 4 times the quarter hour or 5 times the semester hour);
(2) participation as a panelist or speaker in a symposium or similar program in business litigation law (lecturing at basic seminars shall entitle an attorney to receive 3 hours of credit for each CLE hour of lecture time; lecturing at an intermediate seminar shall entitle an attorney to receive 5 hours of credit for each CLE hour of lecture time; lecturing at an advanced seminar shall entitle an attorney to receive 7.5 hours of credit for each CLE hour of lecture time; and additional credit for extraordinary effort may be granted by the committee at its discretion);
(3) attendance at a lecture series or similar program concerning business litigation law, sponsored by a qualified educational institution or bar group;
(4) authorship of a book or article on business litigation law, may be granted only after publication in a professional publication or journal (up to 10 hours of credit may be awarded for each article or chapter in a book; in no event may the amount of credit awarded exceed 50% of the total hours required for certification or recertification,);
(5) a course dealing with trial practice procedures but in the areas of law for which that same type of trial is not accepted (i.e. criminal personal injury, family law, workers' compensation) shall be given 50% of the maximum number of credit hours available to the course;
(6) seminars dealing with mediation and/or arbitration procedures and techniques will be granted 40% of the maximum CLE hours available to the course;
(7) a “trial advocacy” workshop leader if the attorney participates in or attends the entire program (a maximum of 10 hours of credit will be awarded if the attorney only participates in a portion of the program, otherwise, an attorney will be eligible to receive the maximum credit allowed for the course); or
(8) such other educational activities as the business litigation certification committee shall approve.
Credit shall not be awarded for any of the following: service on the Rules of Civil Procedure Committee; service on the Standard Jury Instructions Committee; research, analysis and/or preparation of bar entrance examination questions; courses dealing with law office economics and/or management; graduate non-law and undergraduate courses.
(f) Examination. The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, skills and proficiency in business litigation law to justify representation of special competence to the legal professionand to the public.
(g) Exemption. Notwithstanding any other provision hereof, any applicant who as of the effective date of these standards for certification as a business litigation lawyer: (i) is a member in good standing of The Florida Bar; (ii) holds a valid certificate issued by The Florida Bar certifying the applicant as a Board Certified Trial Lawyer; and, (iii) demonstrates substantial involvement in business litigation law in accordance with the minimum standards prescribed in subdivisions (a), (b) and (c) shall be exempt from the peer review, education and examination requirements set forth in subdivisions (d), (e) and (f). This exemption shall be applicable with respect to any applicant meeting the aforesaid requirements whose application is submitted on or before October 31, 1997. Certification under this exemption shall be effective for the duration of the remaining period of the applicant's certification as a civil trial lawyer. For purposes of recertification as a business litigation lawyer, the period during which the applicant must have handled the minimum number of contested business litigation law matters and satisfied the education requirements pursuant to rule 6-16.4(c), shall be construed to be the period since certification, or the last recertification, of the applicant as a civil trial lawyer.