§ Rule 6-22.4 Recertification
Rule 6-22.4. Recertification
During the 5-year period immediately preceding application, an applicant must satisfy the following requirements for
recertification:
(a) Substantial Involvement. The applicant must show continuous and substantial involvement in the field of antitrust and trade regulation law. The demonstration of substantial involvement shall be made by showing that antitrust and trade regulation law comprises at least 30 percent of the applicant's practice, and that the applicant actively participated in client interviewing, counseling, evaluating, investigating, preparing pleadings, motions, and memoranda, participating in discovery, taking testimony, briefing issues, presenting evidence, negotiating settlement, drafting and preparing settlement agreements, and/or arguing, trying, or appealing cases involving antitrust or trade regulation law.
(b) Minimum Number of Matters. The applicant must have handled a minimum of 4 contested antitrust or trade regulation matters. All contested matters must have involved substantial legal or factual issues in the law of antitrust or trade regulation as determined by the certification committee. On good cause shown, for satisfaction in part of the 4 antitrust or trade regulation matters, the antitrust and trade regulation certification committee may consider involvement in protracted matters on the same basis as set forth in rule 6-22.3(a)(2).
(c) Peer Review. An applicant for recertification must submit the names and addresses of at least 3 lawyers and 1 federal or state judge or administrative law judge before whom the applicant has appeared as an advocate within the period since the last certification or recertification. Individuals used as references shall be sufficiently familiar with the applicant to attest to the applicant's special competence and substantial involvement in antitrust and trade regulation law, as well as the applicant's character, ethics, and reputation for professionalism. Lawyers who practiced law with the applicant during the recertification period and relatives may not be used as references. The antitrust and trade regulation certification committee may, at its option, send or authorize references to other attorneys, federal or state judges, or administrative law judges.
(d) Education. The applicant must demonstrate completion of at least 50 credit hours of approved continuing legal education for antitrust and trade regulation certification, in accordance with the standards set forth in rule 6-22.3(c).
(e) Waiver of Compliance. The antitrust and trade regulation certification committee may waive compliance with subdivisions (a)-(b) of this rule for:
(1) an applicant who has been continuously certified as an antitrust and trade regulation lawyer for a period of 14 years or more; or
(2) an applicant who, since the last certification or recertification, has become an officer of any judicial system (as defined in the Code of Judicial Conduct), including an officer such as a magistrate judge or administrative law judge, or who is a member of the Federal Trade Commission (or a member of its staff), or an assistant attorney general in the Antitrust Division of the Department of Justice (or a member of his or her staff), or an assistant attorney general in the Antitrust Division of a state attorney general's office on a full-time basis during the portion of the period since the last date of certification or recertification; or
(3) good cause shown.