Real Property - Business, Commercial and Industrial Law Board Certification in Ohio

The Ohio State Bar Association (OSBA) offers board certification in Business, Commercial, and Industrial Real Property Law to attorneys who demonstrate significant expertise and involvement in this specialized area. The certification process is rigorous and ensures that only highly qualified attorneys are granted this distinction. Below are the key requirements for obtaining board certification in this field:

1. Substantial Involvement

• Professional Experience: Applicants must demonstrate substantial involvement in Business, Commercial, and Industrial Real Property Law during the five years immediately preceding the application. Specifically, they must have devoted at least 25% of their legal practice (equivalent to a minimum of 520 hours per year) to this specialty area. This includes handling cases related to property acquisition, ownership, leasing, management, financing, development, use, transfer, and disposition. The applicant must provide detailed information about the types and numbers of cases handled and the amount of time spent on these activities.

2. Peer Review and Recommendations

• References: Applicants are required to submit the names of seven references who can attest to their competence in Business, Commercial, and Industrial Real Property Law. These references must not be related to or professionally associated with the applicant. The OSBA will send recommendation forms to these references, and at least five completed forms must be returned for the application to be considered complete. References should ideally come from attorneys already certified in this specialty, sitting judges, or attorneys who meet the substantial involvement requirement.

3. Written Examination

• Exam Requirements: Applicants must pass a two-part written examination. The first part tests the applicant's general knowledge of real property law, covering topics such as contract issues, real estate brokers, zoning, title insurance, and more. The second part focuses on Business, Commercial, and Industrial Real Property Law, including financing, leasing, federal and state statutes, and creditors' rights. The exam is prepared and graded by an independent testing service, ensuring an objective assessment of the applicant's knowledge and skills.

4. Good Standing and Liability Insurance

• Good Standing: Applicants must provide proof that they are in good standing with the Ohio Supreme Court, free of any disciplinary actions that would question their fitness to practice law.
• Liability Insurance: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This ensures that they are prepared to handle any potential liabilities arising from their practice.

5. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete 36 hours of continuing legal education (CLE) specifically in Business, Commercial, and Industrial Real Property Law within the three years preceding the application. These courses must be of intermediate or advanced level, ensuring that the attorney remains current with developments in the field.

These requirements ensure that only attorneys with significant experience, expertise, and professional standing in Business, Commercial, and Industrial Real Property Law are granted board certification, thereby maintaining high standards within the legal profession.

The Ohio State Bar Association (OSBA) has outlined a detailed application process for attorneys seeking board certification in Business, Commercial, and Industrial Real Property Law. This process is designed to ensure that applicants meet rigorous standards and demonstrate a high level of expertise and commitment to this specialized field. Below are the key components of the application process:

1. Completion of the Application Form

• Detailed Information Required: Applicants must complete a comprehensive application form that requires detailed information about their professional background, specifically their experience in Business, Commercial, and Industrial Real Property Law. This includes documenting at least 25% of their legal practice over the past three years, equivalent to a minimum of 520 hours per year, dedicated to this specialty area. The application must include specific information about the types of cases handled, the applicant's role in these cases, and the outcomes achieved.

• Case Documentation: Applicants may also need to submit examples of work product, such as legal briefs, contracts, or other relevant documents, to demonstrate their expertise in the field. Additionally, they must provide a list of representative cases that illustrate the complexity and variety of issues they have managed.

2. Peer Review and Recommendations

• Reference Submission: Applicants are required to submit the names of seven references who can attest to their competence in Business, Commercial, and Industrial Real Property Law. These references should include individuals who are familiar with the applicant’s work, such as certified specialists, judges, or attorneys who meet the substantial involvement requirement. The references must not be related to or professionally associated with the applicant.

• Recommendation Forms: The OSBA will send recommendation forms to the listed references. For the application to be considered complete, at least five completed forms must be returned to the OSBA. The Specialty Board may request additional recommendations if necessary to fully evaluate the applicant's qualifications.

3. Written Examination

• Exam Content: Applicants must pass a two-part written examination that tests their knowledge and skills in both general real property law and the specific area of Business, Commercial, and Industrial Real Property Law. The first part of the exam covers general issues such as contract law, zoning, and title insurance, while the second part focuses on more specialized topics including financing, leases, and federal and state regulations related to commercial real estate.

• Administration and Grading: The examination is prepared and graded by an independent testing service under the oversight of the OSBA Real Property Law Specialty Board. This ensures that the exam is objective and accurately measures the applicant's expertise in the field.

4. Good Standing and Liability Insurance

• Proof of Good Standing: Applicants must provide evidence that they are in good standing with the Ohio Supreme Court, indicating that they have no pending disciplinary actions or other issues that would question their ability to practice law.

• Liability Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This insurance is critical for protecting against claims that may arise from the attorney’s professional activities.

5. Disclosure of Disciplinary Actions

• Full Disclosure Required: Applicants must disclose any past or current disciplinary actions, malpractice claims, or felony convictions. Failure to disclose such information may result in the rejection of the application or decertification if discovered after certification.

6. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must have completed 36 hours of continuing legal education (CLE) in Business, Commercial, and Industrial Real Property Law within the three years preceding their application. These CLE courses must be of intermediate or advanced level to ensure that the attorney remains up-to-date with the latest developments in the field.

Submission and Review

Once all components of the application are completed, the materials are submitted to the OSBA. The Business, Commercial, and Industrial Real Property Law Specialty Board reviews the application, references, and exam results. If the board determines that the applicant meets all the necessary requirements, they will recommend certification. The certification becomes effective on January 1st following the board's decision.

This detailed application process ensures that only the most qualified attorneys receive board certification in Business, Commercial, and Industrial Real Property Law, maintaining the high standards expected of certified specialists.

The Ohio State Bar Association (OSBA) requires certified specialists in Business, Commercial, and Industrial Real Property Law to fulfill specific annual duties and follow a structured recertification process to maintain their certification. These requirements ensure that certified attorneys continue to meet the high standards of expertise, professionalism, and ethical practice established by the OSBA.

Annual Reporting Duties

1. Annual Report Submission:

   • Affidavit or Reporting Form: Each year, certified attorneys must submit an affidavit or a designated reporting form to the OSBA. This form confirms that there have been no material changes in the information provided during their initial certification or in any subsequent reports. If there have been changes, these must be detailed on the form and submitted for review.
   • Submission Period: The annual report must be submitted between October 1 and December 1 each year. This ensures that certified specialists remain compliant with the ongoing certification requirements and continue to meet the standards set by the OSBA.

2. Continuing Legal Education (CLE):

   • CLE Requirements: Certified attorneys must complete 12 hours of continuing legal education (CLE) in Business, Commercial, and Industrial Real Property Law every two years. These CLE courses must be intermediate to advanced and directly related to the specialty area. This ongoing education helps ensure that attorneys remain current with legal developments and maintain their expertise in the field.
   • Proof of CLE: The annual report must include proof of the completed CLE hours. Attorneys may need to attach transcripts or certificates of attendance for courses that are not listed on the OSBA transcript.

3. Annual Fee Payment:

   • Fee Submission: Along with the annual report, certified attorneys must pay an annual fee as established by the OSBA's fee schedule. Failure to submit the annual report or pay the required fee by the deadline may result in decertification.

Recertification Process

1. Certification Period:

   • Duration: The certification period under the OSBA standards is six years. Certified attorneys must apply for recertification in the calendar year preceding the expiration of their certification.

2. Recertification Application:

   • Application Submission: Attorneys seeking recertification must complete a recertification application form, which includes updated information about their practice and involvement in Business, Commercial, and Industrial Real Property Law. This form must be submitted to the OSBA between October 1 and December 1 of the year preceding the expiration of their certification.
   • Review Process: The OSBA Specialty Board reviews the recertification application to ensure that the attorney continues to meet the certification standards. If the application is not completed by December 31 of the recertification year, the attorney will be decertified and must reapply for certification under the original criteria, including passing the written examination.

3. Criteria for Recertification:

   • Continued Involvement: Attorneys must demonstrate that they have maintained substantial involvement in Business, Commercial, and Industrial Real Property Law, similar to the requirements for initial certification. However, they are not required to retake the written examination.
   • CLE Compliance: Attorneys must provide evidence of completing the required 12 hours of CLE every two years during the certification period.
   • Good Standing: Attorneys 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, attorneys may apply for an exemption from the recertification requirements. They must provide evidence that completing the requirements presents an extreme hardship due to their condition.

Decertification

1. Material Changes:

   • Review 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 may request reconsideration and, if denied, appeal the decision to an Independent Review Panel.

2. Immediate Decertification:

   • License Revocation: If an attorney’s license to practice law in Ohio is revoked or suspended, their certification is automatically revoked. Upon reinstatement of their license, the attorney may reapply for certification.

These annual duties and recertification requirements are crucial for maintaining the integrity and high standards of the Business, Commercial, and Industrial Real Property Law certification, ensuring that certified specialists continue to offer exceptional legal services.