Elder Law Board Certification by the Ohio Bar

The Ohio State Bar Association (OSBA) certifies attorneys as specialists in Elder Law through a rigorous process to ensure they possess advanced skills and substantial involvement in this specialized field. Below are the detailed requirements for obtaining board certification in Elder Law.

Substantial Involvement

1. Professional Experience:

   • Applicants must demonstrate substantial involvement in Elder Law during the five years immediately preceding the application. This involves engaging in at least 520 hours per year (25% of a full-time practice) in activities related to Elder Law.
   • Relevant activities include health and personal care planning, pre-mortem legal planning, fiduciary representation, legal capacity counseling, public benefits, special needs counseling, insurance matters advice, resident rights advocacy, housing counseling, employment and retirement advice, litigation, and administration advocacy.

2. Types of Cases:

   • The applicant must show experience handling a variety of Elder Law matters, reflecting a broad understanding and capability in this area of law. Teaching, publishing, and active participation in professional organizations related to Elder Law are also considered.

Peer Review and Recommendations

1. References:

   • Applicants must submit seven references from individuals who can attest to their competence in Elder Law. These references must not be related or professionally associated with the applicant.
   • The OSBA will forward recommendation forms to these references. At least five completed forms must be returned for the application to be considered complete. References should come from certified Elder Law attorneys, judges, magistrates, or attorneys who meet the substantial involvement requirement.

2. Evaluation:

   • References must demonstrate familiarity with the applicant's Elder Law practice and competence. The Specialty Board reserves the right to request additional recommendations if necessary.

Written Examination

1. Exam Requirements:
   • Applicants must pass a written examination prepared by the National Elder Law Foundation (NELF). The exam assesses practical knowledge, skills, and proficiency in Elder Law, including ethical rules specific to the field, understanding the aging process, and recognizing the need for interdisciplinary advice.
2. Exemption:
   • Applicants already certified by NELF within the past two years may be exempt from retaking the examination. They must meet other OSBA certification requirements by December 31 of the year following the NELF exam.

Good Standing and Liability Coverage

1. Good Standing:

   • Applicants must be active and in good standing with the Ohio Supreme Court, with no pending disciplinary actions or issues questioning their fitness to practice law.

2. Professional Liability Insurance:

   • Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This requirement may be waived for attorneys whose practice relationship provides equivalent coverage, those employed by non-law firm entities, or government-employed attorneys immune from liability claims.

Continuing Legal Education (CLE)

1. CLE Requirements:
   • Applicants must complete 45 hours of CLE in Elder Law within the three years preceding the application. The CLE must be intermediate to advanced in nature and related to Elder Law.

The Ohio State Bar Association (OSBA) certifies attorneys as specialists in Elder Law through a comprehensive application process. This process ensures that applicants meet the high standards required for certification. Below are the detailed steps involved in the application process.

Application Components

1. Application Form:

   • Completion: Applicants must fill out the OSBA-approved application form, providing comprehensive details about their professional background, experience, and substantial involvement in Elder Law. This includes a detailed description of the types and volumes of cases handled, specific roles in elder law procedures, and examples of written and oral advocacy.
   • Submission: The completed application form must be submitted to the OSBA for initial review. This step 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 Elder 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. At least five completed recommendation forms must 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 Elder Law, sitting judges, magistrates, or attorneys who meet the substantial involvement requirement. The references must demonstrate a familiarity with the applicant’s elder law 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 Elder Law. The exam covers a broad range of topics, including health and personal care planning, pre-mortem legal planning, fiduciary representation, legal capacity counseling, public benefits, special needs counseling, insurance matters advice, resident rights advocacy, housing counseling, employment and retirement advice, litigation, and administration advocacy.
   • Preparation and Administration: The examination is prepared and graded by the National Elder Law Foundation (NELF), ensuring an objective assessment of the applicant’s capabilities.

4. 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. Certain exceptions apply, such as for those employed by government entities or other organizations that provide equivalent coverage.

5. 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.

The Ohio State Bar Association (OSBA) requires certified specialists in Elder 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 Elder Law every two years. These courses must be intermediate to advanced and specifically related to Elder 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 Elder 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 Elder 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