Labor and Employment Law Board Certification by the MSBA

The Minnesota State Bar Association (MSBA) has established detailed standards for lawyers seeking certification as Labor and Employment Law Specialists. These standards ensure that certified specialists possess the necessary expertise, experience, and ethical standards in this specialized field of law. Below is an outline of the key requirements for obtaining board certification:

1. General Requirements

• Active License: The applicant must be licensed to practice law and be on active status in Minnesota.
• Certification Duration: Certification, once granted, is valid for six years. Recertification is required at the end of each six-year period.

2. Substantial Involvement and Experience in Labor and Employment Law

• Minimum Practice Requirement:
  • The applicant must have practiced law continuously for a minimum of six years immediately preceding the application. During each of these years, at least 75% of the applicant's full-time practice must have been dedicated to labor and employment law.
  • Alternatively, if the applicant has practiced continuously for ten years, 60% of their practice during each of these years must have been in labor and employment law.
• Narrative Submission: Applicants must submit a narrative, using a form provided by the certification program, describing their experience in labor and employment law, along with any special education, honors, or contributions to the legal profession.

3. Labor and Employment Law Knowledge

• Written Examination: Applicants must pass a written examination that assesses their knowledge, proficiency, and experience in labor and employment law. The exam also includes questions on professional responsibility and ethics related to the field.

4. Reputation for Competence

• Peer References: Applicants must provide the names and contact information of five individuals who can attest to their competence in labor and employment law. These references must include:
  • Two Neutrals: Judges, arbitrators, mediators, or agency personnel before whom the applicant has appeared as a labor and employment law advocate. For in-house counsel with limited contact with neutrals, a former colleague or in-house counsel from another organization may be substituted.
  • Two Opponents: Attorneys representing the opposing side in labor and employment law matters. In-house counsel may substitute a colleague or in-house counsel from another organization if regular contact with opponents is limited.
  • One Additional Lawyer: A lawyer generally familiar with the applicant's labor and employment law practice and skills.
• Confidentiality: All references are kept confidential, and applicants must acknowledge this confidentiality and waive any rights to seek information about the references.

5. Continuing Legal Education (CLE)

• CLE Requirement: Applicants must complete at least 30 hours of continuing legal education (CLE) in labor and employment law within the three years immediately preceding the application. These credits must be verified and documented as part of the application process.

6. Ethical Conduct and Disclosure

• Ongoing Disclosure Obligation: Applicants must demonstrate good character and ethical behavior. They are required to disclose any convictions (excluding minor traffic offenses), malpractice claims, or public disciplinary sanctions.
• Board Review: The Certification Board will assess the circumstances of any disclosed issues to determine whether the applicant should be granted or denied certification. Failure to disclose relevant conduct may result in denial or revocation of certification.

7. Certification Board Review

• Evaluation Process: The Certification Board will review all submitted materials, including experience narratives, references, CLE credits, and examination results.
• Decision Notification: Applicants will be informed of the Certification Board's decision regarding their certification status. If certification is denied, applicants may petition for reconsideration according to the MSBA's procedures.

This comprehensive set of requirements ensures that certified Labor and Employment Law Specialists meet the highest standards of practice, knowledge, and ethics, thereby offering assurance to the public and the legal profession of their expertise in this specialized field.

The Minnesota State Bar Association (MSBA) outlines a detailed process for lawyers seeking certification as Labor and Employment Law Specialists. This process ensures that applicants meet stringent standards in experience, knowledge, and ethical conduct. Below is a step-by-step guide to the application process:

1. Preparation of Application Materials

• Experience Narrative:
  • Complete the narrative form provided by the certification program. This narrative should detail your experience in labor and employment law, including any special education, honors, or contributions to the legal profession.
• Continuing Legal Education (CLE):
  • Verify and document that you have completed at least 30 hours of CLE in labor and employment law within the three years immediately preceding your application. Prepare to include this documentation with your application.

2. Peer References

• Gather References:
  • Collect the names and contact information of five individuals who can provide references for your competence in labor and employment law. These references must include:
    • Two Neutrals: Judges, arbitrators, mediators, or agency personnel who have observed your work as a labor and employment law advocate. If you have been in-house counsel with limited contact with neutrals, you may substitute a former colleague or in-house counsel from another organization.
    • Two Opponents: Attorneys who have represented the opposing side in labor and employment law matters. In-house counsel with limited contact with opponents may substitute a colleague or in-house counsel from another organization.
    • One Additional Lawyer: A lawyer generally familiar with your labor and employment law practice and skills.
• Confidentiality Acknowledgment: Acknowledge that these references will be kept confidential by the Certification Board, and waive any rights to seek information about the references.

3. Written Examination

• Exam Preparation:
  • Prepare to take the written examination administered by the Certification Board. This exam assesses your knowledge, proficiency, and ethics in labor and employment law.
• Scheduling: Coordinate with the MSBA to schedule your examination at an approved time and location.

4. Ethical Conduct Disclosure

• Disclosure Requirements:
  • Complete the required disclosure forms, detailing any past convictions (excluding minor traffic offenses), malpractice claims, or public disciplinary sanctions. Full transparency is essential, as failure to disclose can result in denial of certification.
• Ongoing Obligation: You must disclose any new relevant conduct within 30 days of its occurrence during the application process.

5. Submission of Application

• Complete the Application Form:
  • Fill out the official application form provided by the MSBA, ensuring all required sections are fully and accurately completed.
• Attachments:
  • Attach all necessary documents, including your experience narrative, CLE documentation, references, and any additional forms required by the Certification Board.
• Application Fee: Submit the required application fee along with your completed application to ensure timely processing.

6. Certification Board Review

• Evaluation Process: The Certification Board will review your application, including all submitted materials such as your narrative, references, CLE credits, and examination results.
• Additional Information: Be prepared to provide any additional information or clarification that the Board may request during their review.

7. Notification of Decision

• Outcome: After the review process is complete, you will be notified of the Certification Board’s decision regarding your application. If approved, you will receive certification as a Labor and Employment Law Specialist, valid for six years.
• Right to Appeal: If your application is denied, you have the right to petition the Certification Board for reconsideration according to MSBA procedures.

This structured overview of the application process ensures that all necessary steps are followed for a successful application to become a certified Labor and Employment Law Specialist.

The Minnesota State Bar Association (MSBA) has established specific requirements and procedures to ensure that certified Labor and Employment Law Specialists maintain high standards of professional practice. These include annual duties, the recertification process, and the conditions under which a lawyer may be decertified. Below is a detailed overview:

1. Annual Duties

• Continuing Legal Education (CLE):
  • Certified Labor and Employment Law Specialists are required to complete at least 30 hours of continuing legal education (CLE) focused on labor and employment law or trial skills every three years. These credits must be reported during the three-year reporting period for attorney licensure.
• Annual Audit:
  • Specialists must participate in an annual audit conducted by the Certification Board. The audit requires specialists to verify that they are still licensed and on active status in Minnesota. They must also confirm their continued substantial involvement in labor and employment law, disclose any relevant conduct issues, and pay an annual fee.

2. Recertification Process

• Recertification Period:
  • Certification as a Labor and Employment Law Specialist is valid for six years. To maintain their status, specialists must apply for recertification before the end of this period.
• Substantial Involvement:
  • For recertification, specialists must demonstrate continued substantial involvement in labor and employment law. This is defined as dedicating at least 60% of their full-time practice to labor and employment law during the certification period.
• Recertification Narrative:
  • Specialists must submit a narrative detailing their labor and employment law experience over the certification period. This narrative should include any significant education, honors, or contributions to the legal profession that support the specialist’s qualifications for recertification.
• Continuing Education:
  • Specialists must verify that they have completed the required 30 CLE hours in labor and employment law or trial skills within the three-year period leading up to their recertification application.
• Certification Board Review:
  • The Certification Board will review the submitted materials, including the recertification narrative and CLE documentation, to determine whether the specialist meets the standards for recertification.

3. Decertification

• Automatic Decertification:
  • Certification will be automatically revoked or denied if a specialist:
    • Fails to maintain the required 30 CLE credit hours in labor and employment law every three years.
    • Is suspended or disbarred from the practice of law in any jurisdiction.
    • Is suspended for nonpayment of license fees or failure to maintain mandatory CLE credits.
    • Fails to satisfactorily complete the recertification process.
    • Fails to pay the fees established by the Certification Board.
    • Ceases to meet the qualifications for certification as a Labor and Employment Law Specialist.
    • Sends written notice to the Certification Board requesting decertification.
• Discretionary Decertification:
  • The Certification Board may also deny, suspend, or revoke certification if:
    • The lawyer falsely or improperly announces their certification status.
    • The lawyer fails to cooperate with the Certification Board or submits false or misleading information during the certification or recertification process.
    • Certification was granted contrary to the rules of the Minnesota Board of Legal Certification (MBLC) or the Certification Board.
    • Five members of the Certification Board determine that the specialist no longer meets the minimum standards for certification.
• Reapplication After Decertification:
  • Specialists who have voluntarily relinquished their certification or who have been decertified due to failure to file the annual audit, complete the recertification process, or pay fees, may reapply for certification. If the lapse in certification is three years or less, the specialist must complete a recertification application and pay the required fees. If the lapse exceeds three years, the specialist must also pass a written examination on labor and employment law.

This overview provides a clear understanding of the ongoing responsibilities, recertification requirements, and conditions for decertification that certified Labor and Employment Law Specialists must adhere to in order to maintain their professional status.