§ Rule 6-16.4 Recertification

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-16 Standards > Rule 6-16.4

Rule 6-16.4. Recertification

    Recertification shall be pursuant to the following standards:

    (a) Substantial Involvement. The applicant must show continuous and substantial involvement in the field of business litigation law through 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 6-16.3(c).

    (b) Minimum Number of Matters. The applicant must have had substantial involvement in a minimum of 25 contested business litigation matters since certification or the last recertification. 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 5 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, as described in rule 6-16.3(b). If the applicant has not participated in 5 matters submitted to the trier of fact for resolution, the applicant may substitute completion of an advanced trial advocacy seminar for 1 of the 5 required 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 5 matters. On good cause shown, for satisfaction of any of these requirements, the
business litigation certification committee may consider involvement in protracted adversary proceedings, as defined in rule 6-16.3(b). 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 5 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 5 matters 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 5 submitted to the trier of fact.

    On special application for good cause shown, the business litigation certification committee may waive compliance with the evidentiary hearing criteria for an applicant who has been continuously certified as a business litigation lawyer for a period of 14 years or more.

    (c) Education. The applicant must have completed at least 50 hours of continuing legal education in the field of business litigation law since the filing of the last application for certification.

    (d) Peer Review. The applicant must satisfy the reference requirements set forth in rule 6-16.3(d).

    (e) Judges. On special application, for good cause shown, an applicant who is serving as a judge and applies for recertification shall be deemed to have met the requirements of rule 6-16.4. The business litigation certification committee may waive compliance with any portion of the recertification criteria for an applicant who is an officer of any judicial system as defined in the Code of Judicial Conduct and who performs or has performed judicial functions on a full-time basis during a substantial portion of the period since the last date of certification.