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Professional Practice

Certification

BOARD CERTIFICATION IN APPELLATE PRACTICE

    See Rule 6-13--Standards for Certification of a Board Certified Appellate Practice Lawyer--Chapter 6 Rules Regulating The Florida Bar. For a listing of Board Certified Attorneys in Appellate Practice see the Board Certification page in the Professional Practice section of this site.

    As of June 1, 2010 there are 170 attorneys certified in Appellate Practice.

    2011 Examination: Date to be Announced - March 2011, Hilton-Tampa Airport Westshore

    DEFINITION:

    Appellate Practice is the practice of law dealing with the recognition and preservation of error committed by lower tribunals, and the presentation of argument concerning the presence or absence of such error to state or federal appellate courts through brief writing, writ and motion practice, and oral argument. Appellate practice includes evaluation and consultation regarding potential appellate issues or remedies in connection with proceedings in the lower tribunal prior to the initiation of the appellate process.

    APPLICATION:

    The application filing period is each year from July 1 until August 31. Requirements are set out in Rule 6-13. An application can be downloaded from the Professional Practice - Certification page section of this website. Or to obtain an application, contact Carol Vaught at The Florida Bar.

    MINIMUM STANDARDS:

    (a) Substantial Involvement. To become certified as an appellate lawyer, an applicant must demonstrate substantial involvement in appellate practice. Substantial involvement shall include:

      (1) At least 5 years of the actual practice of law, at least 30 percent of which has been spent by the applicant in substantial and direct participation in appellate practice. At least 3 years of this practice shall be immediately preceding application or, during up to 2 of those 3 years, the applicant may have served as an appellate judge or as one of those attorneys for an appellate court described in subdivision (4) below. The 5 years of appellate practice shall include brief writing, motion practice, oral arguments, and extraordinary writs sufficient to demonstrate special competence as an appellate lawyer.
      (2) Having sole or primary responsibility in at least 25 appellate actions for the filing of principal briefs in appeals, or the filing of petitions or responses thereto in extraordinary writ cases.
      (3) Having sole or primary responsibility in at least 5 appellate oral arguments. For good cause shown, the appellate practice certification committee may waive this requirement in particular instances.
      (4) Within 3 years immediately preceding application, the applicant's substantial involvement must be sufficient to demonstrate special competence as an appellate lawyer. Substantial involvement includes brief writing, oral arguments, and extraordinary writs. For good cause shown, the appellate practice certification committee may waive up to 2 of the 3 years' substantial involvement for individuals who have served as appellate judges or as clerk of an appellate court, career attorney or staff attorney in excess of 3 years for an appellate court. In no event may substantial involvement during the year preceding application be waived.

    (b) Peer Review.

      (1) The applicant shall submit the names and addresses of at least 4 lawyers, not associates or partners, as references to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers shall be involved in appellate practice and familiar with the applicant's practice.
      (2) The applicant shall submit the names and addresses of at least 2 judges before whom the applicant has appeared on appellate matters within the last 2 years to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism.
      (3) The appellate practice certification committee may, at its option, send reference forms to other attorneys and judges.

    (c) Education. The applicant shall make 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 appellate practice. (NOTE: For the 2011 examination, an applicant must have acquired 45 hours of approved appellate practice certification credits between July 1, 2007 through August 31, 2010.)

    (d) Examination. Every applicant must pass an examination designed to demonstrate sufficient knowledge, proficiency and experience in appellate practice--including the recognition, preservation, and presentation of trial error, and knowledge and application of the rules of appellate procedure applicable to state and federal appellate practice in Florida--to justify the representation of special competence to the legal profession and public.

    CERTIFICATION REVIEW COURSE:

    Four to six weeks prior to the March examination, the Appellate Practice Section holds a review course. Contact Valerie Yarbrough at The Florida Bar (850/561-5630) for information regarding this course.

    EDUCATION:

    Credit can be obtained through the following ways:

    LECTURE CREDIT:

    Includes lecturer, workshop discussion leader or panel member in a seminar or institute. Satisfactory performance as a lecturer on appellate law in an approved CLE seminar may entitle an attorney to credit. Hourly determination - Lecturing at basic seminars awards 3 hours of credit for each hour of lecture time. Lecturing at intermediate and advanced seminars awards 5 hours of credit for each hour of lecture time. 50% of the total hours required for certification or recertification may be obtained through lecturing.

    TEACHING CREDIT:

    Teaching appellate practice course in an approved law school or other graduate level program may earn an attorney credit. All certification hours may be obtained through teaching an appellate practice course as determined by the committee. Credit shall be calculated according to the following formula: 4 times the university assigned hour per quarter or 5 times the university assigned hour per semester. Graduate non-law and undergraduate courses shall not be considered for appellate practice certification credit. 100% of the total hours required for certification or recertification may be obtained through teaching.

    WRITING:

    Credit for writing articles published by The Florida Bar, and credit for articles, books and chapters published by sources other than The Florida Bar, will be determined by CLE staff only after publication. No more than 10 hours are to be awarded for any one publication. 50% of the total hours required for certification or recertification may be obtained through published work.

    INDIVIDUAL STUDY:

    Individual study may be granted credit through the use of recorded material, CDs, DVDs, courses or interactive CLE activities approved for appellate practice certification credit. Credit for those activities shall be the same as that given the live presentation. 100% of the total hours required for certification or recertification may be obtained through the use of audio or videotapes, on-line courses or interactive CLE activities.

[Revised: 06-16-2010 ]