Estate Planning & Administration Board Certification in Louisiana

The Louisiana Board of Legal Specialization has established rigorous standards for attorneys seeking certification in Estate Planning and Administration. These standards ensure that certified specialists possess a high level of expertise, experience, and professionalism in this complex area of law. Below is a detailed overview of the requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing of the Louisiana State Bar Association at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application. During this time, at least 35% of their practice must be devoted to Estate Planning and Administration.
• Specialization Focus: Specifically, during at least 48 of the 60 months immediately preceding the application, the applicant must have practiced law primarily in Louisiana and focused on Estate Planning and Administration. This includes the creation, protection, and disposition of a client's assets, estate and tax planning, drafting wills, trusts, and powers of attorney, and handling estate administration, probate, and related legal matters.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete at least 18 hours of CLE in Estate Planning and Administration within the year of application. These CLE credits must be approved by the Louisiana Supreme Court Committee on Mandatory Continuing Legal Education (MCLE) and the Advisory Commission. This requirement ensures that attorneys stay current with the latest developments in the field.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Estate Planning and Administration. At least one of these references must come from a Board-Certified Estate Planning and Administration Specialist. These references provide external validation of the applicant's expertise and professionalism.

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. The insurance policy must be offered by a company acceptable to the Board, and proof of insurance must be provided by December 1 of the application year.

6. Written Examination

• Exam Requirement: Applicants must pass a written examination that tests their knowledge and proficiency in Estate Planning and Administration. This examination is designed to ensure that only those with a deep understanding of the field are granted certification.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as an Estate Planning and Administration Specialist is valid for five years. During this period, certified specialists must continue to meet all maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification, demonstrating continued compliance with the certification standards. This includes ongoing CLE, maintaining practice focus, and upholding professional liability insurance requirements.

These standards ensure that attorneys who are certified in Estate Planning and Administration 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 providing legal services related to estate planning and administration.

The application process for Board certification in Estate Planning and Administration from the Louisiana Board of Legal Specialization is detailed and requires the following steps:

1. Eligibility and Bar Membership

• Active Membership: Ensure that you are an active member in good standing with the Louisiana State Bar Association.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice, with at least 35% of their work focused on Estate Planning and Administration during 48 of the 60 months immediately preceding the application year.
• Specialization Focus: The practice must include a wide range of estate planning and administration activities, such as drafting wills, managing trusts, handling probate, and advising on tax implications.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete a minimum of 18 hours of CLE specifically in Estate Planning and Administration within the year of application. All CLE credits must be approved by the Louisiana Supreme Court Committee on Mandatory Continuing Legal Education (MCLE) and the Advisory Commission. Prior CLE credits cannot be used to meet this requirement.

4. Professional References

• Reference Submission: The application must include at least five reference statements from practicing attorneys. These references should attest to the applicant’s competence in Estate Planning and Administration. At least one of these references must be from a Board-Certified Estate Planning and Administration Specialist.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain a professional liability insurance policy with a minimum coverage of $1,000,000. The insurance must be from a provider acceptable to the Board, and proof of insurance must be submitted by December 1 of the application year.

6. Written Examination

• Examination: Applicants must pass a written examination designed to assess their knowledge and expertise in the field of Estate Planning and Administration. The exam ensures that the attorney has the requisite understanding of complex estate planning and administration issues.

7. Confidential Inquiry

• Competence Review: Applicants must consent to a confidential inquiry conducted by the Board or the Advisory Commission. This inquiry involves contacting the provided references and potentially other relevant individuals to evaluate the applicant’s qualifications, ethics, and professional reputation.

8. Final Submission

• Application Submission: Once all requirements are met, including the completion of CLE, reference submission, and passing the examination, the completed application must be submitted to the Louisiana Board of Legal Specialization for review.

This process is designed to ensure that only the most qualified and experienced attorneys receive Board certification in Estate Planning and Administration, thereby upholding high standards in this specialized legal field.

Maintaining certification as an Estate Planning and Administration specialist from the Louisiana Board of Legal Specialization requires a continuous commitment to professional development and adherence to specific standards. Certified specialists must meet annual obligations, engage in a structured recertification process every five years, and be aware of the conditions under which decertification can occur. These requirements ensure that specialists remain highly knowledgeable, ethical, and capable of providing top-tier legal services in this specialized field.

Annual Duties

1. Continuing Legal Education (CLE): Certified specialists must complete at least 18 hours of approved CLE in Estate Planning and Administration annually. Up to eight excess hours can carry forward to the next year.
2. Professional Liability Insurance: Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000, providing proof annually.
3. Active Practice Certification: Specialists must annually certify under oath that they are engaged in full-time legal practice, dedicating at least 35% of their work to Estate Planning and Administration.

Recertification

1. Five-Year Recertification Cycle: Specialists must apply for recertification every five years. This involves submitting an application demonstrating continued compliance with certification requirements, including CLE completion, practice focus, and insurance coverage.
2. Application Submission: The recertification application must confirm that the specialist has maintained at least 35% of their full-time practice in the field of Estate Planning and Administration over the past five years.

Decertification

1. Grounds for Decertification: The Louisiana Board of Legal Specialization may revoke certification for failure to comply with annual duties, such as not meeting CLE requirements, failing to maintain professional liability insurance, or not adhering to the required practice focus.
2. Review Process: If a specialist does not meet the requirements, the Board may initiate a review process that could lead to decertification. The specialist will be notified and may have the opportunity to appeal the decision.

These procedures ensure that certified specialists maintain their expertise and commitment to the high standards required in the field of Estate Planning and Administration.