§ 3.04 Minimum Standards for Lawyer Certification

Codes > Florida Statutes > Rules Regulating > Standing Policies : 300 > 3.04

3.04 Minimum Standards for Lawyer Certification

    (a) [FN1] Applicant shall require lawyers to satisfy and maintain standards comparable to, but no less than, those required for certification under the Florida plan and, where the same or similar specialty area exists under the Florida plan, applicant shall require no less than the standards set forth for that specialty area, including passage of the Florida exam. If the area does not exist under the Florida Plan, specific and/or additional requirements shall include:

        (1) Substantial Involvement. If determined appropriate by the BLSE, a Florida component shall be required to evidence experience and involvement specific to Florida law.

        (2) Peer Review. Applicant, not the lawyer seeking certification, shall send and receive statements of reference. References must be from persons who are not related to the lawyer or who are not engaged in legal practice with the lawyer. Applicant shall further require and consider at least 2 statements of reference from individuals apart from those submitted by the lawyer. Statements of reference shall inquire at least into the reference's specialty area, familiarity with the specialty area, the length of time the reference has been practicing law and has known the lawyer, and the lawyer's qualifications, both generally and in the specialty field, as well as the lawyer's character, ethics, and professionalism.

        (3) Examination. Applicant shall submit a copy of the written examination and must demonstrate that a lawyer seeking certification must pass such examination. The examination must be of suitable length and complexity to evaluate the lawyer's knowledge of substantive and procedural law in the specialty area. The examination shall include professional responsibility and ethics as relative to the specialty area. The examination shall also include evidence of a Florida component as determined appropriate by the BLSE. Applicant must also provide evidence of periodic review of the examination to ensure relevance to knowledge and skills needed in the specialty area as the law and practice methods develop over time, and evidence that appropriate measures are taken to protect the security of all examinations.

    [FN1] This Policy does not contain a “(b)”.