Under Rule 6-22.3 for the minimum standards for board certification on antitrust and trade regulation law, the attorney must show substantial involvement and competence.
(a) ...The applicant must demonstrate continuous and substantial involvement and competence in substantive antitrust principles and deceptive, unfair, or unconscionable acts or practices in multiple areas of commerce to become certified as an antitrust and trade regulation lawyer.
Substantial involvement and competence must be demonstrated by the following.
(1) Minimum Period of Practice. The applicant must have practiced law for 5 years immediately preceding the filing of the application for certification, during which the applicant was involved in at least 8 matters that substantially involved antitrust or trade regulation law.
(2) Minimum Number of Matters. The applicant must have handled a minimum of 8 contested matters that involved representation of a client beyond counseling during the 10 years immediately preceding application.
Each of these matters must have substantially involved legal and factual issues, and at least 50 percent of the matters must have involved federal antitrust law or state or federal trade regulation law.
In each of these 8 matters, the applicant must have had senior level responsibility for a majority of the counseling, advice, and supervision of or involvement in the presentation of evidence, argument to the tribunal, and representation of the client.
The antitrust and trade regulation certification committee will consider involvement in protracted matters as separate matters for satisfaction of the 8 contested matters requirement.
Every documented 300 hours of work on antitrust or trade regulation issues in a case is the equivalent of an additional matter for purposes of meeting the threshold of a minimum of 8 contested matters during the 10 years immediately preceding application.
The antitrust and trade regulation certification committee will consider the following for satisfaction in whole or in part of the requirement of 8 matters in which the applicant had senior level responsibility on good cause shown:
(A) verified substantial involvement in matters involving antitrust law or trade regulation law at a government agency; and
(B) in lieu of 2 contested matters, an applicant may submit a certificate of satisfactory completion of a nationally recognized trial advocacy course of at least 1 RRTFB December 4, 2020 week’s duration, in which the applicant’s performance was, in whole or in part, recorded visually and critiqued by experienced trial lawyers.
(3) Substantial Involvement.
The applicant must have substantial involvement in matters involving federal antitrust or state or federal trade regulation law sufficient to demonstrate special competence as an antitrust and trade regulation lawyer.
Substantial involvement may be evidenced by active participation in client interviewing; counseling; evaluating; investigating; preparing pleadings, motions, and memoranda; participating in discovery; taking testimony; briefing issues; presenting evidence; negotiating settlement; drafting and preparing settlement agreements; or arguing, trying, or appealing cases involving antitrust law or trade regulation law.
(b) Peer Review.
The applicant must submit names and addresses of at least 5 lawyers or judges who are neither relatives nor present or former associates or partners to complete peer review forms. Such lawyers should be substantially involved in antitrust and trade regulation law and familiar with the applicant’s practice.
(c) Education.
The applicant must complete 50 hours of approved continuing legal education in the field of antitrust and trade regulation law within the 3 years preceding the application date. Accreditation of educational hours is subject to policies established by the antitrust and trade regulation certification committee or the board of legal specialization and education.
(d) Examination Exemption.
The applicant must pass an examination applied uniformly to all applicants to demonstrate sufficient knowledge, skills, and proficiency in antitrust and trade regulation law to justify representation of special competence to the legal profession and to the public.
The award of an LL.M. degree from an approved law school in the area of antitrust or trade regulation law within 8 years of application may substitute as the written examination required by this subdivision.
The applicant is exempt from any litigation portion of the examination requirement if the applicant is certified by The Florida Bar in business litigation or civil trial law and meets the minimum standards of subdivisions (a)-(c) of this rule.
Added and amended March 23, 2000 (763 So.2d 1002); amended December 5, 2003; amended February 17, 2006; amended and effective December 4, 2020 by The Florida Bar Board of Governors.
