Consumer Bankruptcy Law Board Certification by the Louisiana Board of Legal Specialization

The Louisiana Board of Legal Specialization has outlined a comprehensive set of requirements for attorneys seeking certification in Consumer Bankruptcy Law. These requirements ensure that only those with substantial experience and expertise are recognized as specialists. Here’s a detailed breakdown:

1. Certification from the American Board of Certification (ABC)

• ABC Certification: The first step in the process is obtaining certification from the American Board of Certification (ABC), a nationally recognized organization for certifying bankruptcy law specialists. The ABC requires passing a rigorous written examination specifically in Consumer Bankruptcy Law. This exam tests the applicant's knowledge and proficiency in handling cases under Chapters 7, 12, and 13 of the Bankruptcy Code, which pertain to individual debtors.

2. Substantial Experience and Practice Focus

• Experience Requirement: To qualify for certification, applicants must demonstrate substantial experience in handling consumer bankruptcy cases. This experience must reflect a significant focus on individual bankruptcy matters, showcasing the attorney's depth of knowledge and practical skills in this specialized area.
• Full-Time Practice: The attorney must engage in full-time legal practice, defined as at least 35 hours per week. Importantly, at least 35% of the attorney's full-time practice must be dedicated to consumer bankruptcy law. This requirement ensures that the attorney remains actively involved in the field, continuously honing their expertise.

3. Continuing Legal Education (CLE)

• CLE Compliance: Maintaining up-to-date knowledge is critical in the ever-evolving field of bankruptcy law. Applicants must fulfill all Continuing Legal Education (CLE) requirements as mandated by the ABC. Additionally, the CLE courses must be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee. These courses should be specifically related to consumer bankruptcy law, ensuring that the attorney is well-versed in the latest legal developments, case law, and best practices.

4. Professional References

• Reference Requirements: The application process requires the submission of professional references as stipulated by the ABC. These references are a crucial part of the certification process, as they provide an independent assessment of the applicant's competence, ethical standards, and professionalism in the practice of consumer bankruptcy law. Typically, these references come from peers who have observed the applicant's work and can vouch for their expertise in this area.

5. Professional Liability Insurance

• Insurance Coverage: To protect clients and uphold professional standards, applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. The insurance policy must include provisions that are acceptable to the Bankruptcy Law Advisory Commission. This insurance requirement is vital for ensuring that the attorney is adequately protected against potential legal claims that may arise in the course of their practice.

6. Active Bar Membership

• Bar Membership Requirement: The applicant must be an active member in good standing with the Louisiana State Bar Association. This status indicates that the attorney has met all the ethical and professional standards required by the Bar and is authorized to practice law in Louisiana.

7. Certification Duration and Recertification

• Five-Year Certification: Once the certification is granted, it remains valid for five years. During this period, the certified specialist must continue to meet the ongoing requirements, such as completing annual CLE credits, maintaining professional liability insurance, and remaining in good standing with the Bar.
• Recertification Process: At the end of the five-year period, the attorney must apply for recertification to maintain their status as a Board-Certified Specialist. The recertification process involves submitting a new application that verifies continued compliance with all original certification requirements. Importantly, the attorney must also obtain recertification from the ABC, reaffirming their expertise and commitment to consumer bankruptcy law.

These detailed requirements ensure that attorneys certified in Consumer Bankruptcy Law by the Louisiana Board of Legal Specialization are highly qualified, ethical, and committed to maintaining their expertise in this specialized area of law. This rigorous certification process helps maintain high standards within the legal profession, ensuring that clients receive top-quality representation in their bankruptcy matters.

The process to obtain Board certification in Consumer Bankruptcy Law from the Louisiana Board of Legal Specialization is detailed and involves several key steps:

1. Certification from the American Board of Certification (ABC)

• Initial Requirement: The first step is to obtain certification from the ABC in Consumer Bankruptcy Law. This involves passing the ABC's comprehensive written examination, which tests the attorney's knowledge and expertise in consumer bankruptcy cases under Chapters 7, 12, or 13.

2. Submission of Application to the Louisiana Board of Legal Specialization

• Application Form: After securing ABC certification, the attorney must submit a detailed application to the Louisiana Board of Legal Specialization. This application includes:
  • CLE Documentation: Proof of completion of all required Continuing Legal Education (CLE) credits as mandated by the ABC, with additional approval by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee. The CLE credits must be specifically focused on consumer bankruptcy law to ensure the attorney's continued education in this field.
  • Professional References: The application must include references that meet the ABC’s standards. These references provide crucial external validation of the attorney's competence and ethical conduct in handling consumer bankruptcy matters.
  • Proof of Professional Liability Insurance: The applicant must provide evidence of maintaining professional liability insurance with at least $1,000,000 in coverage. This insurance must have provisions acceptable to the Bankruptcy Law Advisory Commission, ensuring adequate protection for both the attorney and their clients.

3. Oath and Certification of Practice

• Full-Time Practice Declaration: The applicant must certify under oath that they are engaged in full-time legal practice, dedicating at least 35% of their professional activities to consumer bankruptcy law. This certification ensures that the attorney maintains a strong focus on this area of law and continues to develop their expertise.
• Active Bar Membership: The applicant must also certify that they are an active member in good standing with the Louisiana State Bar Association, confirming their compliance with all ethical and professional standards required by the Bar.

4. Review and Approval by the Louisiana Board of Legal Specialization

• Application Review: Once submitted, the Louisiana Board of Legal Specialization reviews the application to ensure all requirements are met. This review includes verifying the applicant’s ABC certification, CLE compliance, references, and insurance coverage.
• Certification Granting: Upon successful review, the Board grants the certification, which becomes effective immediately. The certification is valid for five years, during which the specialist must continue to meet ongoing requirements to maintain their certification.

This detailed application process ensures that attorneys who are certified in Consumer Bankruptcy Law by the Louisiana Board of Legal Specialization are among the most qualified and experienced professionals in the field. This certification not only validates their expertise but also demonstrates their commitment to maintaining high standards in the practice of consumer bankruptcy law.

Maintaining Board certification in Consumer Bankruptcy Law from the Louisiana Board of Legal Specialization requires ongoing commitment to professional development and adherence to specific standards. Certified specialists must meet annual obligations, including continuing legal education and maintaining professional liability insurance, to ensure they stay at the forefront of the field. Every five years, they must undergo recertification to retain their status. Failure to comply with these requirements can result in decertification, emphasizing the importance of sustained excellence and professionalism in consumer bankruptcy law.

Annual Duties

Certified Consumer Bankruptcy Law specialists must fulfill several ongoing responsibilities to maintain their certification:

1. Continuing Legal Education (CLE): Specialists are required to complete annual CLE credits focused on consumer bankruptcy law. These credits must meet the standards set by the American Board of Certification (ABC) and be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee.

2. Full-Time Practice Certification: Specialists must annually certify under oath that they are engaged in full-time legal practice, with at least 35% of their practice dedicated to consumer bankruptcy law. This ensures they continue to focus on and develop their expertise in this area.

3. Professional Liability Insurance: Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000. Proof of this insurance must be submitted annually, and the policy must include provisions acceptable to the Bankruptcy Law Advisory Commission.

4. Active Bar Membership: Certified specialists must remain active members in good standing with the Louisiana State Bar Association, ensuring they comply with the ethical and professional standards required by the Bar.

5. Fee Payments: Specialists are required to pay all necessary fees as outlined by the Louisiana Board of Legal Specialization. Failure to pay these fees can impact their certification status.

Recertification

• Five-Year Cycle: Recertification is required every five years. To be recertified, specialists must:

  • Submit a new application verifying continued adherence to all original certification requirements, including ABC certification, CLE completion, professional liability insurance, and active bar membership.
  • Recertification from the ABC is also required as part of this process.

• Verification: Specialists must provide the Louisiana Board of Legal Specialization with updated information on their practice, confirming that they continue to dedicate at least 35% of their full-time practice to consumer bankruptcy law.

Decertification

• Grounds for Decertification: The Louisiana Board of Legal Specialization may revoke a specialist’s certification for several reasons, including:

  • Failure to maintain ABC certification.
  • Failure to meet the ongoing requirements, such as completing required CLE, maintaining professional liability insurance, or adhering to practice focus percentages.
  • Any other reasons outlined in the Louisiana State Bar Association's Plan of Legal Specialization.

• ABC Certification Impact: If the ABC revokes a specialist's certification, the Louisiana Board of Legal Specialization may also revoke the state-level certification, as the ABC certification is a foundational requirement.

These ongoing duties and the structured recertification process ensure that specialists in Consumer Bankruptcy Law maintain their expertise, professionalism, and ethical standards throughout their careers. Decertification serves as a mechanism to uphold the integrity of the certification by ensuring only those who meet the stringent criteria remain certified.