Appellate Law Board Certification by the Ohio Bar

The Ohio State Bar Association (OSBA) certifies attorneys as specialists in Appellate Law through a rigorous process designed to ensure high levels of skill and expertise. The certification is accredited by the Supreme Court Commission on Certification of Attorneys as Specialists (CCAS). Here are the detailed requirements to achieve board certification in Appellate Law.

Eligibility Criteria

1. Active Practice:

   • Applicants must be licensed to practice law in Ohio and in good standing with the Ohio Supreme Court.

2. Substantial Involvement:

   • Applicants must have spent at least 25% of their practice time (equivalent to 520 hours per year) in Appellate Law over the three years immediately preceding the application. This practice must include significant involvement in appellate procedures, such as brief writing, motion practice, and oral arguments before state or federal appellate courts.

3. Good Standing and Liability Coverage:

   • Applicants must be in good standing with the Ohio Supreme Court, with no questions regarding their fitness to practice law.
   • They must maintain professional liability insurance with a minimum coverage of $500,000 per loss. Exceptions apply for lawyers whose practice arrangements provide equivalent coverage, those employed by a non-law firm entity, or those employed by a government entity immune from liability claims.

4. Continuing Legal Education (CLE):

   • Applicants must complete a minimum of 36 hours of CLE in Appellate Law within the three calendar years preceding the application. The CLE courses must be intermediate to advanced and specifically related to Appellate Law.

The application process for obtaining board certification in Appellate Law through the Ohio State Bar Association (OSBA) is designed to thoroughly evaluate an attorney's qualifications, experience, and competence in this specialized field. Below are the detailed components required for the application.

Application Components

1. Application Form:

   • Completion: Applicants must fill out the OSBA-approved application form, providing comprehensive information about their professional background, experience, and substantial involvement in Appellate Law. This includes a detailed description of the types and volumes of cases handled, specific roles in appellate procedures, and examples of written and oral advocacy.
   • Submission: Once completed, the application form must be submitted to the OSBA for initial review. The form ensures that the OSBA has all necessary details to begin evaluating the applicant's eligibility and qualifications.

2. Peer Review and Recommendations:

   • References: Applicants are required to submit the names of seven references who are familiar with their work and can attest to their competence in Appellate Law. These references must not be related to or professionally associated with the applicant through partnership or similar relationships.
   • Recommendation Forms: The OSBA will send out recommendation forms to the provided references. It is crucial for at least five completed recommendation forms to be returned to the OSBA for the application to proceed. These forms are designed to gather detailed assessments of the applicant’s skills, knowledge, and ethical standards from qualified peers.
   • Criteria for References: References should ideally be from attorneys who are certified in Appellate Law, sitting judges, magistrates, or attorneys who meet the substantial involvement requirement. The references must demonstrate a familiarity with the applicant’s appellate practice and be able to provide a thorough evaluation of their expertise.

3. Written Examination:

   • Exam Content: Applicants must pass a written examination that tests their knowledge and skills in both the substantive and procedural aspects of Appellate Law. The exam covers a broad range of topics, including final appealable orders, standards of review, original actions, criminal appeals, stays on appeal, and jurisdictional rules.
   • Preparation and Administration: The examination is prepared and graded by an independent testing service selected by the OSBA, ensuring an objective assessment of the applicant’s capabilities.

4. Disclosure of Disciplinary Actions:

   • Required Disclosures: Applicants must disclose any past or pending disciplinary actions, malpractice complaints, settlements, or felony convictions. This transparency ensures that only those with a clean professional record and ethical standing are considered for certification.
   • Impact of Non-Disclosure: Failure to disclose relevant disciplinary history can result in the rejection of the application or decertification if discovered post-certification. This maintains the integrity of the certification process.

5. Certificates of Good Standing and Liability Coverage:

   • Proof of Good Standing: Applicants must provide a certificate demonstrating that they are in good standing with the Ohio Supreme Court. This includes being free of any disciplinary actions that would question their fitness to practice law.
   • Liability Insurance: Evidence of professional liability insurance with a minimum coverage of $500,000 per loss must be submitted. This requirement ensures that applicants are prepared to handle professional liabilities responsibly.

6. Continuing Legal Education (CLE):

   • CLE Requirements: Applicants must have completed 36 hours of CLE specifically in Appellate Law within the three years preceding the application. These CLE courses must be of intermediate to advanced level, focusing on enhancing the attorney’s knowledge and skills in Appellate Law.

By adhering to these comprehensive application components, attorneys demonstrate their expertise and commitment to maintaining high standards in the practice of Appellate Law, thus earning the OSBA board certification.

The Ohio State Bar Association (OSBA) requires certified specialists in Appellate Law to adhere to specific procedures for annual reporting and re-certification to maintain their status. This process ensures that certified attorneys continue to meet the high standards of expertise and professionalism in their practice.

Annual Reporting

1. Annual Report Submission:

   • Affidavit or Form: Certified attorneys must annually submit an affidavit or a specific form indicating that there have been no material changes in the information provided during their initial certification or the last annual report. If there are changes, they must detail these on the form.
   • Submission Period: The report must be submitted between October 1 and December 1 each year.

2. Continuing Legal Education (CLE):

   • CLE Requirements: Certified attorneys must complete 12 hours of continuing legal education (CLE) in Appellate Law every two years. These courses must be intermediate to advanced and specifically related to Appellate Law to ensure ongoing professional development.
   • Proof of CLE: The affidavit or form must include proof of completion of the required CLE hours, which may involve attaching transcripts or certificates of attendance for courses not listed on the OSBA transcript.

3. Annual Fees:

   • Fee Payment: The annual report must be accompanied by an annual fee as established by the OSBA fee schedule. Failure to pay this fee can result in decertification.

Re-certification

1. Certification Period:

   • Duration: The certification period is six years. Certified attorneys must apply for re-certification in the calendar year preceding the expiration of their current certification.

2. Re-certification Application:

   • Application Form: Attorneys must complete a re-certification application form, providing updated information about their practice and involvement in Appellate Law.
   • Submission Period: Applications for re-certification are available between October 1 and December 1 of the year preceding the expiration date. The completed application must be submitted by December 31 to avoid decertification.

3. Criteria for Re-certification:

   • Continued Involvement: Applicants must demonstrate that they have maintained substantial involvement in Appellate Law, similar to the initial certification requirements, excluding the written examination.
   • CLE Compliance: Applicants must show proof of completing the required 12 hours of CLE every two years during the certification period.
   • Good Standing: Applicants must continue to be in good standing with the Ohio Supreme Court and maintain professional liability insurance coverage.

4. Exemptions:

   • Illness or Disability: In cases of severe, prolonged illness or disability that prevents participation in CLE programs or meeting other re-certification requirements, attorneys may apply for an exemption. They must provide evidence of the hardship and its impact on their ability to meet re-certification requirements.

Decertification

1. Material Changes:

   • Evaluation of Changes: The Specialty Board may decertify an attorney if material changes reported in the annual affidavit or discovered through other means indicate that the attorney no longer meets the certification standards.
   • Appeal Process: Attorneys who are decertified can request reconsideration and, if denied, appeal the decision to an Independent Review Panel.

2. Good Standing:

   • Immediate Decertification: Any attorney whose license to practice law in Ohio is revoked or suspended will be immediately decertified. Upon reinstatement of their license, they may reapply for certification.

Fees

1. Annual Reporting Fee:

   • OSBA members: $125
   • Non-members: $175

2. Re-certification Fee:

   • OSBA members: $200
   • Non-members: $250

These procedures ensure that certified specialists in Appellate Law continue to uphold the highest standards of legal practice and remain current in their field.