The Florida Bar
RULE 6-13.3 MINIMUM STANDARDS
6 LEGAL SPECIALIZATION AND EDUCATION PROGRAMS
6-13 STANDARDS FOR BOARD CERTIFICATION IN APPELLATE PRACTICE
RULE 6-13.3 MINIMUM STANDARDS
- (a) Substantial Involvement. The applicant must have been engaged in the practice of law for at least 5 years. During the 3-year period immediately preceding the date of application, at least 30 percent of the applicant's practice must have been spent in substantial and direct involvement in appellate practice sufficient to demonstrate special competence as an appellate lawyer. 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 a clerk, career attorney, or staff attorney in an appellate court. Substantial involvement during the year immediately preceding the application will not be waived.
(b) Appellate Actions. During the 5-year period immediately preceding application, the applicant must have had 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 in extraordinary writ cases.
(c) Oral Arguments. During the 5-year period immediately preceding application, the applicant must have presented at least 5 oral arguments to an appellate court. The oral arguments to an appellate court need not have been presented in the same cases listed on the application as appellate actions. The appellate practice certification committee may waive this requirement on good cause shown.
(d) Education. During the 3-year period immediately preceding the filing of an application, the applicant must demonstrate completion of 45 credit hours of approved continuing legal education for appellate practice certification. Accreditation of educational hours is subject to policies established by the appellate practice certification committee or the board of legal specialization and education.
(e) Peer Review.
- (1) The applicant must submit the names and addresses of at least 4 lawyers, who are neither relatives nor current 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. These lawyers must be involved in appellate practice and familiar with the applicant's practice.
- (2) The applicant must 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 send reference forms to other lawyers and judges.
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.