Trust & Estate Board Certification by the Indiana State Bar Association

The Indiana State Bar Association has established comprehensive standards for attorneys seeking board certification in Trust and Estate Law to ensure that certified specialists demonstrate significant expertise, experience, and professionalism in this complex field. Below is an overview of the key requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing with the Indiana State Bar Association at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application. During this time, at least 35% of their practice must be dedicated to Trust and Estate Law.
• Specialization Focus: Specifically, during 48 of the 60 months immediately preceding the application, the applicant must have focused their practice on matters related to trusts, estates, estate planning, probate administration, and trust litigation.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete at least 18 hours of CLE in Trust and Estate Law within the year of application. These CLE credits must be approved by the Indiana State Bar Association or an accredited body.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Trust and Estate Law.
• Specialist Endorsement: At least one of these references must come from a Board-Certified Trust and Estate Law Specialist, if available. These references validate the applicant’s expertise and reputation in the field.

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. Proof of this insurance must be submitted with the application.

6. Written Examination

• Examination: Applicants must pass a written examination designed to assess their knowledge and proficiency in Trust and Estate Law.
• Purpose: This examination ensures that applicants possess a comprehensive understanding of the complexities involved in trust and estate practice.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as a Trust and Estate Law Specialist is valid for five years. During this time, certified specialists must continue to meet all maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification by demonstrating continued compliance with certification standards. This includes verifying continued practice focus in Trust and Estate Law, ongoing CLE, and insurance coverage.

These standards ensure that attorneys certified as specialists in Trust and Estate Law by the Indiana State Bar Association are highly qualified, ethical, and dedicated professionals capable of handling complex trust and estate matters with the highest level of competence.

The application process for Board Certification in Trust and Estate Law by the Indiana State Bar Association involves several detailed steps:

1. Eligibility and Bar Membership

• Active Membership: Ensure that you are an active member in good standing with the Indiana State Bar Association.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice, with at least 35% of their work dedicated to Trust and Estate Law during 48 of the 60 months preceding the application year.
• Scope of Practice: This includes handling legal matters related to estate planning, probate administration, trust creation and management, and estate litigation.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete a minimum of 18 hours of specialized CLE in Trust and Estate Law within the application year.
• Approval of Credits: All CLE credits must be approved by the Indiana State Bar Association or a recognized accrediting body. CLE credits earned in prior years cannot be used to fulfill this requirement.

4. Professional References

• Reference Submission: Applicants must submit at least five reference statements from practicing attorneys who can attest to their competence in Trust and Estate Law.
• Specialist Endorsement: At least one reference must come from a Board-Certified Trust and Estate Law Specialist, if available. These references validate the applicant’s expertise and professional reputation.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000.
• Proof of Coverage: Documentation of insurance must be submitted with the application, and the provider must be acceptable to the Indiana State Bar Association.

6. Written Examination

• Examination: Applicants are required to pass a written examination designed to assess their knowledge and expertise in various areas of Trust and Estate Law.
• Purpose: This examination ensures that applicants possess a comprehensive understanding of the complexities involved in trust and estate practice.

7. Confidential Inquiry and Final Submission

• Confidential Inquiry: Applicants must consent to a confidential inquiry conducted by the Indiana State Bar Association. This inquiry includes contacting the provided references and potentially other relevant individuals to assess the applicant’s competence and ethical standards.
• Final Submission: Once all requirements, including CLE, reference submission, and passing the examination, are completed, the final application must be submitted to the Indiana State Bar Association for review.

This thorough application process ensures that only highly qualified and experienced attorneys achieve certification in Trust and Estate Law, signifying their expertise and dedication to this specialized area of legal practice.

Maintaining certification as a Trust and Estate Law specialist through the Indiana State Bar Association requires ongoing dedication to professional standards and continuous education. Certified specialists must fulfill specific annual duties, undergo a recertification process every five years, and adhere to the requirements set by the Association. Failure to meet these obligations can lead to decertification, ensuring that only those who consistently uphold the highest standards in Trust and Estate Law retain their certification.

Annual Duties

1. Continuing Legal Education (CLE):

   • Certified specialists must complete at least 18 hours of approved CLE in Trust and Estate Law each year.
   • Up to eight excess hours can be carried forward to the next year to meet future requirements.

2. Professional Liability Insurance:

   • Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000 and provide proof of coverage annually.

3. Active Practice Certification:

   • Specialists must annually certify that they are engaged in full-time legal practice, with at least 35% of their work dedicated to Trust and Estate Law.

Recertification

1. Five-Year Recertification Cycle:

   • Certified specialists must apply for recertification every five years. This process ensures continued compliance with all certification standards.

2. Application Submission:

   • The recertification application must confirm that the specialist has:
     • Maintained at least 35% of their full-time practice in Trust and Estate Law over the past five years.
     • Completed the required CLE hours and maintained professional liability insurance during the certification period.

Decertification

1. Grounds for Decertification:

   • Certification may be revoked for failure to comply with annual duties, such as:
     • Not meeting CLE requirements.
     • Failing to maintain professional liability insurance.
     • Not adhering to the required practice focus in Trust and Estate Law.

2. Review Process:

   • If a specialist does not meet the requirements, the Indiana State Bar Association may initiate a review process.
   • The specialist will be notified of potential decertification and may have the opportunity to appeal the decision.

These procedures ensure that certified Trust and Estate Law specialists maintain their expertise, professionalism, and adherence to the high standards required in this specialized field of law.