Real Estate Law Board Certification by the State Bar of Arizona

The Arizona Board of Legal Specialization (BLS), under the authority granted by the Board of Governors of the State Bar of Arizona, sets forth the following standards for certifying lawyers specializing in real estate law. These standards ensure that certified lawyers meet rigorous criteria while promoting diversity and inclusivity within the field.

General Requirements

To be eligible for certification as a lawyer specializing in real estate law, an applicant must be an active member in good standing of the State Bar of Arizona. The application process involves:

• Completing a prescribed form.
• Providing additional information as required by the BLS or the Real Estate Law Advisory Commission.

The applicant must be recommended for certification by at least five of the ten members of the Real Estate Law Advisory Commission.

Certification lasts five years, and renewal applications must be submitted in a timely manner to extend the certification pending BLS action. Certification can be revoked or suspended based on BLS regulations, including advice from the Real Estate Law Advisory Commission regarding non-compliance. Applicants are required to pay application and testing fees as prescribed by the BLS.

Standards for Certification

Applicants must have a minimum of seven years of law practice, with at least three years immediately preceding the application in Arizona. During this time, they must have engaged in legal service equivalent to at least 50% of a full-time practice. They must demonstrate substantial involvement in real estate law over five of the preceding seven years. This includes activities such as:

• Handling leases and options (residential and commercial)
• Eminent domain
• Zoning
• Real estate securities
• Real estate finance
• Foreclosure and forfeiture proceedings
• Environmental law
• Community association law
• Real estate transactions
• Agency and fiduciary relationships
• Real estate-related litigation or alternative dispute resolution
• Real estate taxation
• Water law
• Mineral rights
• Subdivision law

The applicant must demonstrate a high level of competence and professionalism as defined by the Lawyer’s Creed of Professionalism of the State Bar of Arizona. This includes:

• Having a substantially complete knowledge of substantive law and rules of practice, procedure, evidence, and ethics pertaining to real estate law.
• Demonstrating a high degree of skill, thoroughness, preparation, effectiveness, professionalism, and judgment in the field.

Applicants are required to satisfactorily complete a written examination covering these areas. Additionally, applicants must provide at least five references from Arizona attorneys or judges familiar with their practice, not including current partners or associates. The Advisory Commission may select additional references and consult other sources.

Continuing legal education (CLE) requirements include:

• 12 hours per year of advanced-level CLE in real estate issues.
• 3 hours in professional responsibility.

For re-certification, applicants must continue to demonstrate substantial involvement in real estate law, dedicating at least 50% of their practice to relevant matters over the past five years. This involves documenting the nature of the legal services they have provided and identifying the types of real estate issues they have handled. If there has been no break in certification, a formal written examination is not required for re-certification.

Becoming a certified specialist in Real Estate Law through the State Bar of Arizona involves several detailed steps. Here's an overview of the process:

1. Eligibility Check:

   • Ensure you have practiced law for at least 7 years, with a minimum of 3 years in Arizona.
   • Confirm substantial involvement in Real Estate Law for at least 5 of the past 7 years.

2. Application Preparation:

   • Download the application form from the State Bar of Arizona’s website.
   • Gather necessary documentation, including detailed records of your experience in various real estate law areas (e.g., leases, zoning, real estate transactions).

3. Submission Deadline:

   • Submit the completed application and supporting documents by August 1st. Applications received between August 1st and October 1st will incur a late fee.

4. Fees:

   • Include the application fee of $300, or $375 if submitted after August 1st.

5. Review Process:

   • The Board of Legal Specialization (BLS) Administrator screens the application and may request additional information.
   • Peer review reference forms are sent out, requiring at least three completed forms.
   • The Advisory Commission reviews disciplinary history, peer reviews, and substantial involvement to ensure compliance with certification standards.

6. Examination:

   • Initial certification applicants must pass a specialization exam, scheduled in the spring.

7. Final Approval:

   • The Advisory Commission submits recommendations to the BLS, which makes the final decision at its next meeting.

8. Completion:

   • The entire process typically concludes in the spring following your fall application submission.