Appellate Practice Board Certification in Louisiana

The Louisiana Board of Legal Specialization (the “Board”), under the authority of the Supreme Court of Louisiana, has established rigorous requirements for attorneys seeking Board certification in Appellate Practice. This certification is a mark of distinction, indicating a high level of expertise and commitment to the specialized field of appellate law. Below is a detailed breakdown of the specific requirements an attorney must meet to obtain this certification.

1. Membership and Professional Standing

• Active Membership: The applicant must be an active member in good standing of the Louisiana State Bar Association at the time of application. This ensures that the attorney is fully licensed to practice law in Louisiana and has adhered to the ethical and professional standards required by the Bar.

2. Experience in Legal Practice

• Minimum Years of Practice: The applicant must have at least five years of full-time legal practice preceding the year of application. Full-time practice is defined as working a minimum of 35 hours per week in legal work, which includes providing legal advice or representation.
• Focused Appellate Experience: Out of the 60 months immediately preceding the application, the attorney must have devoted at least 25% of their full-time practice to appellate law during 48 of those months. This focused experience ensures that the applicant has substantial, recent involvement in appellate matters.

3. Appellate Case Experience

• Lead Counsel or Substantial Responsibility: The attorney must have served as lead counsel or had substantial responsibility in at least 20 appellate matters. This requirement underscores the necessity of practical, hands-on experience in handling complex appellate cases.
• Oral Arguments: The applicant must have presented a minimum of five oral arguments before an appellate court. These can include arguments before the Louisiana Supreme Court, the U.S. Supreme Court, or any appellate court where oral argument was granted or referred to the merits. This requirement ensures the attorney has practical experience in advocating at the appellate level.
• Bench Exemption: Attorneys who have served on the appellate bench for three or more years within the five years immediately preceding the application are exempt from both the appellate case experience and oral argument requirements. This recognizes the extensive experience gained while serving as a judge in appellate courts.

4. Professional References

• Attorney References: The applicant must submit a minimum of five reference statements from practicing attorneys who can attest to the applicant’s competence in appellate practice. At least one of these references must be from a Board-Certified Appellate Practice Specialist. These references provide peer validation of the applicant’s skills, reputation, and ethical standards.

5. Confidential Inquiry and Ethics Compliance

• Confidential Inquiry: The applicant must consent to a confidential inquiry by the Board or the Advisory Commission. This inquiry involves contacting the provided references and other relevant individuals to assess the applicant’s competence, professionalism, ethics, and overall qualifications. The inquiry may include reviewing the applicant’s work product and considering their reputation within the legal community.
• Ethics and Disciplinary Compliance: The applicant must comply with the Board’s requirements regarding the release of any disciplinary action information. This ensures that certified specialists adhere to the highest ethical standards.

6. Continuing Legal Education (CLE)

• Appellate Law CLE: The applicant must complete at least 15 hours of CLE specifically in the field of appellate law within the calendar year of application. This CLE must be approved by the Mandatory Continuing Legal Education (MCLE) Committee and the Advisory Commission. The CLE requirement ensures that the applicant is up-to-date with the latest developments and best practices in appellate law.

7. Professional Liability Insurance

• Insurance Requirement: The applicant must maintain professional liability insurance with a minimum coverage amount of $1,000,000. The insurance policy must be from a provider reasonably acceptable to the Board. Proof of insurance must be submitted as part of the application process. This requirement provides an additional layer of security for clients and underscores the applicant’s professionalism.

8. Examination

• Written Examination: The applicant must pass a written examination designed to test their knowledge and skills in appellate practice. This examination covers various aspects of appellate law and ensures that the applicant possesses the necessary expertise to be recognized as a specialist.

9. Certification Oath

• Oath of Certification: Finally, the applicant must certify under oath that they have met all the requirements outlined above. This formal declaration is a testament to the applicant’s integrity and commitment to maintaining the high standards expected of a Board-Certified Appellate Practice Specialist.

Summary

To achieve Board certification in Appellate Practice by the Louisiana Board of Legal Specialization, an attorney must demonstrate significant, specialized experience in appellate law, maintain high ethical standards, complete rigorous continuing education, carry professional liability insurance, and pass a comprehensive examination. These requirements ensure that only those attorneys with the highest levels of competence and professionalism are recognized as specialists in this demanding field.

The process for obtaining Board certification in Appellate Practice from the Louisiana Board of Legal Specialization involves several detailed steps:

1. Eligibility Verification: Ensure you meet the eligibility requirements, including five years of full-time legal practice, significant appellate experience, and completion of specific continuing legal education (CLE) hours. You must also have handled at least 20 appellate matters and presented at least five oral arguments.

2. Application Submission:

   • Online Application: Begin by submitting the online application available on the Louisiana State Bar Association (LSBA) website. The application requires detailed documentation of your qualifications.
   • Required Documents: Include references from five practicing attorneys, with at least one from a Board-Certified Appellate Practice Specialist. You must also provide proof of professional liability insurance with a minimum coverage of $1,000,000.
   • CLE Compliance: Applicants must have completed at least 15 hours of CLE in appellate law within the calendar year of the application. This CLE must be pre-approved by the Mandatory Continuing Legal Education (MCLE) Committee.

3. Examination:

   • Written Exam: Applicants are required to pass a rigorous written examination that tests their knowledge and expertise in appellate law. The examination covers various aspects of appellate practice, ensuring that candidates possess a high level of competence in the field.

4. Confidential Inquiry:

   • Ethical and Professional Review: The Board or Advisory Commission conducts a confidential inquiry, which may involve contacting your references and reviewing your work product to assess your competence, professionalism, and ethical standing.

5. Final Review and Approval:

   • Board Review: After passing the examination and completing all application requirements, the Board reviews your entire application package.
   • Certification Granting: Upon approval, the certification is granted, becoming effective from the date the Board authorizes recognition and remains valid for five years.

Maintaining Board certification in Appellate Practice by the Louisiana Board of Legal Specialization requires ongoing commitment to professional development and adherence to specific standards. Certified specialists must fulfill annual duties, including completing required Continuing Legal Education (CLE) hours and maintaining professional liability insurance. Every five years, specialists must undergo a recertification process to verify their continued eligibility. Failure to comply with these requirements may result in decertification, emphasizing the importance of sustained excellence in appellate law practice.

Annual Duties

• CLE Requirements: Certified specialists must complete 15 hours of approved Continuing Legal Education (CLE) in appellate law each year. Up to eight excess hours can be carried forward to the next year, except for the application year.
• Professional Liability Insurance: Maintain at least $1,000,000 in professional liability insurance annually, with proof provided to the Board.

Recertification

• Five-Year Recertification: Specialists must apply for recertification every five years, certifying continued adherence to all requirements, including CLE and practice focus. Recertification involves submitting a new application, verifying ongoing eligibility, and continued professional liability coverage.

Decertification

• Non-Compliance: Failure to meet the annual CLE requirements, maintain professional liability insurance, or adhere to the rules of practice can result in decertification.
• Appeal Process: Specialists who are decertified will be notified by the Board and may appeal the decision within 30 days of notification.

These processes ensure that specialists in appellate practice maintain their expertise and professionalism throughout their certification period.