Real Property Law Board Certification by the MSBA

The Minnesota State Bar Association (MSBA) has established comprehensive standards for lawyers seeking certification as Labor and Employment Law Specialists. These standards are designed to ensure that certified specialists possess the necessary experience, knowledge, and ethical standing to be recognized in this specialized field. Below is an outline of the key requirements:

1. Substantial Involvement and Experience in Labor and Employment Law

• Minimum Practice Requirement:
  • The applicant must have practiced law continuously for at least six years immediately preceding the application. During each of these years, at least 75% of the applicant's full-time practice must be dedicated to labor and employment law.
  • Alternatively, if the applicant has practiced law continuously for ten years, 60% of their practice during each of these years must be in labor and employment law.
• Experience Narrative:
  • Applicants must submit a narrative on a form provided by the certification program, detailing their experience in labor and employment law. This narrative should also include any special education, honors, or contributions to the legal profession.

2. Labor and Employment Law Knowledge

• Written Examination:
  • Applicants are required to pass a written examination that uniformly assesses all candidates. This exam is designed to test the applicant’s knowledge, proficiency, and experience in labor and employment law. It also includes questions on professional responsibility and ethics relevant to the field.

3. Reputation for Competence

• Peer References:
  • Applicants must provide the names and contact information of five individuals who can attest to their competence in labor and employment law. These references must include:
    • Two Neutrals: Judges, arbitrators, mediators, or agency personnel before whom the applicant has appeared as a labor and employment law advocate. These neutrals do not need to be licensed attorneys. For in-house counsel with limited contact with neutrals, a former colleague or in-house counsel from another organization may be substituted.
    • Two Opponents: Attorneys or individuals representing the opposing side in labor and employment law matters. In-house counsel with limited contact with opponents may substitute a colleague or in-house counsel from another organization.
    • One Additional Lawyer: A lawyer generally familiar with the applicant's labor and employment law practice and skills.
• Confidentiality of References:
  • All references are kept strictly confidential by the Certification Board. Applicants must acknowledge this confidentiality and waive any rights to seek information about the references.

4. Continuing Legal Education (CLE)

• CLE Requirement:
  • Applicants must verify that they have completed at least 30 hours of continuing legal education (CLE) in labor and employment law within the three years immediately preceding the application. These credits must be documented as part of the application process.

5. Ethical Conduct and Disclosure

• Disclosure Obligations:
  • Applicants must demonstrate good character and ethical behavior. They are required to disclose any convictions (excluding minor traffic offenses), malpractice claims, or public disciplinary sanctions within the past ten years or during any certification period.
• Board Review:
  • The Certification Board will assess the circumstances of any disclosed issues to determine whether the applicant should be granted or denied certification. Failure to disclose relevant conduct may result in denial or revocation of certification.

6. Agreement to MBLC Rule 114

• Information Sharing:
  • Applicants must agree to provide a release to share information with the Minnesota Board of Legal Certification (MBLC) as required by MBLC Rule 114.

These requirements ensure that only highly qualified and experienced attorneys receive board certification as Labor and Employment Law Specialists, maintaining the integrity and high standards of the legal profession in this field.

The Minnesota State Bar Association (MSBA) has outlined a detailed process for lawyers seeking certification as Labor and Employment Law Specialists. This process ensures that applicants meet the necessary standards in terms of experience, knowledge, and ethical conduct. Below is a step-by-step guide to the application process:

1. Preparation of Application Materials

• Experience Narrative:
  • Complete the narrative form provided by the certification program. This narrative should detail your experience in labor and employment law over the required period, including any special education, honors, or contributions to the legal profession that demonstrate your expertise in this field.
• Continuing Legal Education (CLE):
  • Verify and document that you have completed at least 30 hours of continuing legal education (CLE) focused on labor and employment law within the three years immediately preceding your application. Ensure that these credits are properly recorded and can be submitted as part of your application.

2. Peer References

• Gather References:
  • Collect the names and contact information of five individuals who can provide references for your competence and involvement in labor and employment law. These references must include:
    • Two Neutrals: Judges, arbitrators, mediators, or other agency personnel before whom you have appeared as a labor and employment law advocate. These individuals do not need to be licensed attorneys. If you have been in-house counsel with limited contact with neutrals, you may substitute a former colleague or in-house counsel from another organization.
    • Two Opponents: Attorneys or individuals representing the opposing side in labor and employment law matters. If you have been in-house counsel with limited contact with opponents, you may substitute a colleague or in-house counsel from another organization.
    • One Additional Lawyer: A lawyer generally familiar with your labor and employment law practice and skills.
• Confidentiality Acknowledgment:
  • Acknowledge that these references will be kept strictly confidential by the Certification Board, and waive any rights to seek information about the content of these references. This acknowledgment is a necessary part of the application process.

3. Written Examination

• Exam Preparation:
  • Prepare to take the written examination administered by the Certification Board. This exam is designed to assess your knowledge, proficiency, and ethical understanding in labor and employment law.
• Scheduling the Exam:
  • Coordinate with the MSBA to schedule your examination at an approved time and location.

4. Ethical Conduct Disclosure

• Disclosure Requirements:
  • Complete the required disclosure forms, detailing any past convictions (excluding minor traffic offenses), malpractice claims, or public disciplinary sanctions that have occurred within the last ten years or during any certification period. Full transparency is essential, as failure to disclose can result in denial of certification.
• Ongoing Obligation:
  • You must disclose any new relevant conduct issues within 30 days of their occurrence throughout the application process.

5. Submission of Application

• Complete the Application Form:
  • Fill out the official application form provided by the MSBA, ensuring all required sections are fully and accurately completed.
• Attach Required Documentation:
  • Include all necessary documents with your application, such as your experience narrative, CLE documentation, references, and any additional forms required by the Certification Board.
• Application Fee:
  • Submit the required application fee along with your completed application to ensure timely processing.

6. Certification Board Review

• Evaluation Process:
  • The Certification Board will review your application, including all submitted materials such as your narrative, references, CLE credits, and examination results.
• Additional Information:
  • Be prepared to provide any additional information or clarification that the Certification Board may request during their review process.

7. Notification of Decision

• Outcome:
  • After the review process is complete, you will be notified of the Certification Board’s decision regarding your application. If approved, you will receive certification as a Labor and Employment Law Specialist, valid for six years.
• Right to Appeal:
  • If your application is denied, you have the right to petition the Certification Board for reconsideration according to MSBA procedures.

This structured overview of the application process ensures that all necessary steps are followed for a successful application to become a certified Labor and Employment Law Specialist.

The Minnesota State Bar Association (MSBA) has established specific requirements for maintaining certification as a Labor and Employment Law Specialist. These requirements include annual duties, the recertification process, and the conditions under which a lawyer may be decertified. Below is a detailed overview of these responsibilities and procedures:

1. Annual Duties

• Continuing Legal Education (CLE):
  • Certified Labor and Employment Law Specialists must complete at least 30 hours of continuing legal education (CLE) focused on labor and employment law or related trial skills every three years. These CLE credits must be completed during the three-year reporting period for attorney licensure and must be reported on the appropriate forms during the licensure reporting year.
• Annual Audit:
  • Specialists are required to participate in an annual audit conducted by the Certification Board. This audit involves:
    • Verifying that the specialist is licensed and on active status in Minnesota.
    • Confirming continued substantial involvement in labor and employment law.
    • Disclosing any relevant conduct issues.
    • Paying an annual fee as required by the Certification Board.

2. Recertification Process

• Recertification Period:
  • Certification is granted for a period of six years. Specialists must apply for recertification before the end of this period to maintain their status as certified specialists.
• Substantial Involvement:
  • To be eligible for recertification, specialists must demonstrate continued substantial involvement in labor and employment law throughout the certification period. This is defined as spending at least 60% of their full-time practice (or its equivalent) in active participation in labor and employment law.
• Recertification Narrative:
  • As part of the recertification process, specialists must submit a narrative on a form provided by the Certification Board. This narrative should describe the specialist’s labor and employment law experience over the certification period, including any special education, honors, or contributions to the legal profession.
• Continuing Education:
  • Specialists must verify that they have completed the required 30 CLE hours in labor and employment law or trial skills within the three-year period leading up to their recertification application.
• Certification Board Review:
  • The Certification Board will review all submitted materials, including the recertification narrative and CLE documentation, to determine whether the specialist meets the standards for recertification.

3. Decertification

• Automatic Decertification:
  • Certification will be automatically revoked or denied if a specialist:
    • Fails to maintain the required 30 CLE credit hours in labor and employment law or trial skills every three years.
    • Is suspended or disbarred from the practice of law in any jurisdiction where they are licensed.
    • Is suspended for nonpayment of license fees or for failing to maintain mandatory CLE credits.
    • Fails to satisfactorily complete the recertification process.
    • Fails to pay the fees established by the Certification Board.
    • Ceases to meet the qualifications for certification as a Labor and Employment Law Specialist.
    • Sends written notice to the Certification Board requesting decertification.
• Discretionary Decertification:
  • The Certification Board may also deny, suspend, or revoke certification if:
    • The lawyer falsely or improperly announces their certification status.
    • The lawyer fails to cooperate with the Certification Board or submits false or misleading information during the certification or recertification process.
    • Certification was granted contrary to the rules of the Minnesota Board of Legal Certification (MBLC) or the Certification Board.
    • Five members of the Certification Board determine that the specialist no longer meets the minimum standards for certification.
• Reapplication After Decertification:
  • Specialists who have voluntarily relinquished their certification or who have been decertified due to failure to file the annual audit, complete the recertification process, or pay fees may reapply for certification. If the lapse in certification is three years or less, the specialist must complete a recertification application and pay the required fees. If the lapse exceeds three years, the specialist must also pass a written examination on labor and employment law to be recertified.

This overview outlines the ongoing responsibilities, recertification requirements, and conditions for decertification that certified Labor and Employment Law Specialists must adhere to in order to maintain their professional status.