Board Certified in Legal Professional Liability
When searching for an attorney qualified in legal professional liability cases, consider finding an attorney who has earned board certification in legal professional liability by the American Board of Professional Liability Attorneys.
Attorneys that apply for Board Certification in Legal Professional Liability or Medical Professional Liability must meet the following basic requirements:
- pass the ABPLA’s written examination in either Legal or Medical Professional Liability;
- complete a minimum of 36 hours of continuing legal education (CLE) in Legal or Medical Professional Liability within the last three years, or met the CLE requirements of the attorney's State Bar, whichever is greater; and
- provide 10 references including 5 judges or 5 attorneys who practice in Legal or Medical Professional Liability.
Additional requirement apply depending on whether the attorney is seeking board certification in the field of medical or legal professional liability.
ABPLA Requirements for the Legal Professional Liability Specialist
For an attorney to become board certified by the ABPLA in the field of legal professional liability, the attorney must:
1. furnish evidence of current admission in good standing in one or more states or territories of the United States or the District of Columbia.
2. show at least five (5) years in the actual practice of legal professional liability law immediately prior to making the application.
3. make a satisfactory showing of substantial involvement in Legal professional liability with at least twenty-five (25) percent of time engaged in the litigation of Legal professional liability litigation in each of the three (3) years immediately preceding the filing of the application.
4. demonstrate substantial involvement through the following task requirements:
a. participated in not less than (10) civil trials or arbitrations in which the applicant served as lead counsel, where testimonial evidence was presented and the matters were submitted to the finder of fact.
b. show that of the ten (10) civil trials or arbitrations, at least one (1) involved a jury trial for claims in the area of legal professional liability.
c. show resolution of twenty (20) additional contested matters involving claims in the area of legal professional liability for which the applicant seeks certification including trials (jury or non-jury); evidentiary hearings or depositions; and motions heard before or after trial.
5. show completion, within the last three years, of additional task requirements including either:
a. Participation in two (2) matters which went to trial. arbitration, or some other form of alternate dispute resolution, involving claims in the area of legal professional liability for which the applicant seeks certification.
b. Participation in thirty-six (36) performances which may include depositions or hearings at which either oral argument was made or testimony was taken, involving claims in the area of legal professional liability for which the applicant seeks certification.
c. A combination of trial days, participation in litigated matters or performances which demonstrate substantial involvement in the specific area(s) of legal professional liability as determined by the Standards Committee of the ABPLA Board of Governors.
6. submit a writing sample consisting of a memorandum of law or brief to a trial or an appellate court a substantial portion of which was written by the applicant and involves issues within the area of legal professional liability.
Definitions for Task Requirements in Legal Professional Liability
For purposes of the ABPLA's task requirements, the term legal professional liability "case"0 or "claim" or "contested" matter includes prosecuting or defending lawyer malpractice claims and lawyer disciplinary cases if the disciplinary case was resolved with a finding of facts by a hearing officer or judge, following the presentation of evidence.
Under the rules of the ABPLA, the term "performance" includes participation in contested professional liability matters in the specialty for which the applicant is applying. Performances include arbitration proceedings where the applicant takes testimony, depositions, or hearings at which either oral argument was made or testimony was taken by the applicant. Each "performance" required herein can be related to the same contested matter.
