Board Certified in Aviation Law

Florida Bar Board of Legal Specialization and EducationRule 6-19.1 of the The Rules Regulating The Florida Bar provides that a lawyer who is a member in good standing of The Florida Bar and meets the standards prescribed below may be issued an appropriate certificate identifying the lawyer as "Board Certified in Aviation Law."

The purpose of the standards is to identify those lawyers who practice aviation law and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as board certified in aviation law.

Find a Lawyer in Florida Board Certified in Aviation Law.


The Definition of Aviation Law in Florida

The definition of aviation law is found in Rule 6-19.2 which provides:

(a) Aviation Law.

"Aviation law" includes all facets of the law dealing with the ownership, operation, maintenance, and use of aircraft, airports and airspace. It also involves licensing and aeromedical issues encompassed by the Federal Aviation Act and the associated federal aviation regulations promulgated thereunder. It also encompasses the laws that have been developed to regulate the use of outer space.

(b) Practice of Law.

The "practice of law" for this area is defined as set out in rule 6-3.5(c)(1).


Minimum Standards for Certification in Aviation Law

The minimum standards for certification in avaiation law is found in 6-19.3 which provides:

(a) Minimum Period of Practice.


The applicant shall have been engaged in the practice of law in the United States, or engaged in the practice of United States law while in a foreign country, and shall have been a member in good standing of the bar of any state of the United States or the District of Columbia for a period of 5 years as of the date of filing an application. The years of law practice need not be consecutive.


(b) Substantial Involvement.


The applicant must demonstrate substantial involvement sufficient to show special knowledge, skills, and proficiency in the practice of aviation law during the 3 years immediately preceding the date of application. Substantial involvement is defined as including devoting at least 30 percent of one's practice to matters in which issues of aviation law are significant factors and in which the applicant had substantial and direct participation in those aviation issues.

Upon the applicant's request and the recommendation of the aviation law certification committee, the board of legal specialization and education may waive the requirement that the 3 years be "immediately preceding" the date of application if the board of legal specialization and education determines the waiver is warranted by special and compelling circumstances.

The applicant must furnish information concerning the frequency of the applicant's work and the nature of the issues involved. For the purposes of this subdivision, the "practice of law" shall be as defined in rule 6-3.5(c)(1), except that it shall also include time devoted to lecturing and/or authoring books or articles on fields of aviation law if the applicant was engaged in the practice of law during such period.

Demonstration of compliance with this requirement shall be made initially in the form of a questionnaire approved by the aviation law certification committee, but written or oral supplementation may be required.


(c) Peer Review.


The applicant shall submit the names and addresses of 5 attorneys or judges, who are neither relatives nor current associates or partners, who are familiar with the applicant's practice and who can attest to the applicant's special competence and substantial involvement in the field of aviation law, as well as the applicant's character, ethics, and reputation for professionalism.

The board of legal specialization and education and the aviation law certification committee may authorize references from persons other than attorneys in such cases as deemed appropriate. The board of legal specialization and education and the aviation law certification committee may also make such additional inquiries as deemed appropriate.


(d) Education.


The applicant shall submit the names and addresses of 3 attorneys or judges, who are neither relatives nor current associates or partners, who are familiar with the applicant's practice and who can attest to the applicant's special competence and substantial involvement in the field of aviation law, as well as the applicant's character, ethics, and reputation for professionalism.

 


The applicant must demonstrate that during the 3-year period immediately preceding the date of filing an application, the applicant has met the continuing legal education requirements necessary for aviation law.

The required number of hours must be established by the board of legal specialization and education and must in no event be less than 60 hours. Accreditation of educational hours is subject to policies established by the aviation law certification committee or the board of legal specialization and education.


(e) Examination.


The applicant must pass a written examination that is practical, objective, and designed to demonstrate special knowledge, skills, and proficiency in aviation law to justify the representation of special competence to the legal profession and the public.

Recertification in Aviation Law in Florida

Rule 6-19.4 provides the rules for recertification in aviation law in Florida. During the 5-year period immediately preceding application, an applicant must satisfy the following requirements for recertification:

(a) Substantial Involvement.


The applicant must make a satisfactory showing, as determined by the board of legal specialization and education and the aviation law committee, of continuous and substantial involvement in aviation law throughout the period since the last date of certification. The demonstration of substantial involvement of at least 30 percent during the 5 years prior to recertification shall be made in accordance with the standards set forth in rule 6-19.3(b).


(b) Education.


The applicant must show completion of at least 60 hours of accredited continuing legal education in aviation law since the filing of the last application for certification.


(c) Peer Review.

 

The board of legal specialization and education and the aviation law certification committee may also make such additional inquiries as deemed appropriate.