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RULE 6-9.3 MINIMUM STANDARDS

6 LEGAL SPECIALIZATION AND EDUCATION PROGRAMS
6-9 STANDARDS FOR CERTIFICATION OF A BOARD CERTIFIED REAL ESTATE LAWYER

RULE 6-9.3 MINIMUM STANDARDS

(a) Minimum Period of Practice. Every applicant shall have been engaged in the practice of law in the United States, or engaged in the practice of United States law while in a foreign country, and shall have been a member in good standing of the bar of any state of the United States or the District of Columbia for a period of 5 years, 3 of which meet the requirements of 6-9.3(b) as of the date of filing an application. The years of law practice need not be consecutive.

(b) Substantial Involvement. Every applicant must demonstrate substantial involvement sufficient to show special knowledge, skills, and proficiency in the practice of real estate law during the 3 years immediately preceding the date of application. Substantial involvement is defined as including devoting at least 40 percent of one's practice to matters in which issues of real estate law are significant factors and in which the applicant had substantial and direct participation in those real estate issues. The applicant must also demonstrate that the applicant’s real estate practice includes experience and involvement with Florida real estate law and transactions. Upon an applicant's request and the recommendation of the real estate certification committee, the board of legal specialization and education may waive the requirement that the 3 years be "immediately preceding" the date of application if the board of legal specialization and education determines the waiver is warranted by special and compelling circumstances. An applicant must furnish information concerning the frequency of the applicant's work and the nature of the issues involved. For the purposes of this subdivision, the "practice of law" shall be as defined in rule 6-3.5(c)(1), except that it shall also include time devoted to lecturing and/or authoring books or articles on fields of real estate law if the applicant was engaged in the practice of law during such period. Demonstration of compliance with this requirement shall be made initially through a form of questionnaire approved by the real estate certification committee, but written or oral supplementation may be required.

(c) Peer Review. Every applicant shall submit the names and addresses of 5 attorneys or judges, at least 3 of whom are licensed to practice law in Florida and are familiar with the applicant's practice, not including attorneys who currently practice in the applicant's law firm, who can attest to the applicant's reputation for involvement in Florida real estate law, as well as the applicant’s character, ethics, and reputation for professionalism. The board of legal specialization and education and the real estate certification committee shall alternatively authorize references from persons, including non-Florida lawyers and judges and persons other than attorneys in such cases as they deem appropriate. The board of legal specialization and education and the real estate certification committee may also make such additional inquiries as they deem appropriate.

(d) Education. Every applicant must demonstrate that during the 3-year period immediately preceding the date of filing an application, the applicant has accumulated 45 hours of continuing legal education approved for credit in real estate law by the board of legal specialization and education. The board of legal specialization and education or the real estate law certification committee shall establish policies applicable to this rule.

(e) Examination. The applicant must pass a written examination that is practical, objective, and designed to demonstrate special knowledge, skills, and proficiency in real estate law to justify the representation of special competence to the legal profession and the public.

[Revised: 01/30/2004]