Civil Trial Law Board Certification by the MSBA

The Minnesota State Bar Association outlines specific requirements for lawyers seeking certification as Civil Trial Law Specialists. These requirements ensure that only highly qualified and experienced attorneys receive the specialist designation.

1. General Eligibility

• Active Status: Only lawyers admitted to practice law on active status in Minnesota may apply for certification.
• Certification Duration: Certification is granted for a period of six years, after which recertification is required.

2. Substantial Involvement in Civil Trial Law

• Practice Requirement: Applicants must have at least five years of continuous law practice, with a minimum of 50% of their practice time dedicated to civil trial law. At least three of these years must immediately precede the application.
• Trial Experience:
  • Jury Trials: Applicants must have primary responsibility for at least two jury trials. These trials must be contested proceedings lasting at least two days, where the lawyer handled critical trial components such as jury selection, opening statements, witness examination, and closing arguments.
  • Trial Units: Applicants must accumulate a minimum of ten trial units, combining experience from jury trials, court trials, and other civil proceedings.
• Experience Units: In addition to trial units, applicants must achieve 75 experience units through various civil trial-related activities, including trial work, advanced education, and handling contested matters.

3. References

• Peer and Judicial Endorsements: Applicants must provide six references, including at least two judges and two attorneys who can attest to the applicant’s competence and involvement in civil trial law. These references must be from individuals familiar with the applicant’s practice and who have interacted with the applicant in a professional capacity.

4. Continuing Education

• Specialized CLE Credits: Applicants must complete at least 45 hours of continuing legal education (CLE) courses related to civil trial law within the three years preceding the application.

5. Examination

• Written Test: Applicants must pass a standardized written examination prepared by the National Board of Trial Advocacy. This exam tests knowledge, proficiency, and ethics in civil trial law.

6. Legal Writing Proficiency

• Court Memorandum: Applicants must submit a substantial court memorandum or brief they have prepared and filed within the last three years. This document must demonstrate the applicant’s legal writing skills and their ability to argue legal points effectively.

7. Character and Conduct Disclosure

• Ethical Standards: Applicants must disclose any past or pending disciplinary actions, criminal convictions, or malpractice claims. The Certification Board will evaluate these disclosures to determine the applicant's fitness for certification.

8. Recertification Standards

• Ongoing Practice and Education: Recertification requires continued substantial involvement in civil trial law, accumulation of experience units, completion of CLE credits, and updated references.
• Special Consideration for Judges: Former judges who served during the certification period may have modified requirements, including fewer experience units or waived trial responsibilities.

This focused summary emphasizes the critical components for board certification as a Civil Trial Law Specialist, highlighting the rigorous standards set by the Minnesota State Bar Association to maintain the quality and integrity of the certification.

The Minnesota State Bar Association (MSBA) outlines a detailed application process for lawyers seeking board certification as Civil Trial Law Specialists. Below is a breakdown of the key steps involved in this process:

1. Application Submission

• Documentation: Prepare all necessary documentation that demonstrates your substantial involvement in civil trial law. This includes detailed records of trial experience, such as jury and court trials, and the accumulation of required trial and experience units.
• References: Gather the names and contact information of six professional references. These should include:
  • Two Judges: Judges from a court of general jurisdiction in Minnesota before whom you have appeared as an advocate.
  • Two Attorneys: Attorneys with whom or against whom you have tried a civil trial matter within the past three years.
• Court Memorandum: Submit a court memorandum or brief that you have prepared and filed within the last three years. This document should illustrate your legal writing proficiency, including the ability to state facts and argue the law effectively.

2. Continuing Legal Education (CLE) Credits

• CLE Documentation: Ensure you have completed at least 45 hours of CLE credits in civil trial law within the three years immediately preceding your application. You will need to submit proof of these credits as part of your application.

3. Examination

• Written Exam: Prepare to take the written examination administered by the National Board of Trial Advocacy. This exam will assess your knowledge, proficiency, and ethical understanding of civil trial law.
• Scheduling: Coordinate with the MSBA to schedule your exam at an approved time and location.

4. Character and Conduct Disclosure

• Disclosure Forms: Complete the required disclosure forms detailing any past or pending disciplinary actions, criminal convictions, or malpractice claims. Full transparency is crucial, as failure to disclose can result in denial of certification.
• Board Review: The Certification Board will review your disclosures to assess your fitness for certification based on character, ethics, and professional conduct.

5. Application Fee

• Payment: Submit the required application fee as determined by the MSBA. Ensure that the payment is processed before the application deadline to avoid delays.

6. Certification Board Review

• Evaluation: The Civil Trial Certification Board will evaluate your application, including all submitted documentation, references, CLE credits, examination results, and conduct disclosures.
• Additional Information: Be prepared to provide any additional information or clarification that the Board may request during their review process.

7. Notification of Decision

• Outcome: Once the review is complete, you will be notified of the Certification Board's decision. If approved, you will receive certification as a Civil Trial Law Specialist, valid for six years.
• Right to Appeal: If certification is denied, you have the right to petition the Certification Board for reconsideration according to the MSBA's rules and procedures.

This step-by-step overview provides a clear guide to the application process for becoming a certified Civil Trial Law Specialist, ensuring that all necessary criteria are met and the application is completed successfully.

The Minnesota State Bar Association (MSBA) outlines specific obligations and processes related to maintaining certification as a Civil Trial Law Specialist. This includes annual duties, the recertification process, and the circumstances under which a lawyer may be decertified. Below is a detailed summary of these requirements:

1. Annual Duties

• Continuing Legal Education (CLE): Certified specialists must maintain and document a minimum of 30 CLE credit hours in civil trial law every three years. These credits are essential for staying updated on legal practices and fulfilling the educational component of certification.
• Annual Audit: Specialists are required to complete an annual audit to confirm compliance with the MSBA's standards. This audit includes verifying CLE credits, experience units, and other criteria relevant to the specialist designation.
• Disclosure of Conduct: Specialists must disclose any criminal charges, disciplinary actions, or malpractice claims that arise during the year. This ensures ongoing compliance with ethical and professional standards.

2. Recertification Process

• Eligibility Period: Certification is valid for six years. Specialists must apply for recertification before the end of this period to maintain their status.
• Substantial Involvement: Recertification requires proof of continued substantial involvement in civil trial law, with at least 50% of a full-time practice dedicated to this specialty throughout the certification period. This includes handling significant civil trials or related legal matters.
• Trial Experience: Applicants for recertification must demonstrate they had primary responsibility for one or more jury or court trials, or an equivalent civil trial experience, during the certification period.
• Experience Units: Specialists must accumulate 50 experience units in civil trial-related activities to qualify for recertification. These units can be earned through various legal activities, such as trial work, advanced legal education, and participation in contested matters.
• References: Specialists must submit three references, including at least one judge and one attorney, who can attest to their competence and involvement in civil trial law during the certification period. Judges and attorneys providing references should have substantial familiarity with the specialist’s legal work.
• Education Requirements: Completion of at least 30 hours of CLE courses in civil trial law every three years is mandatory for recertification.
• Special Considerations: Specialists who served as trial or appellate judges may have certain recertification requirements waived, such as the trial experience or experience units, depending on the extent of their judicial service.

3. Decertification

• Automatic Decertification: Certification will be automatically denied or revoked under the following circumstances:
  • Failure to Maintain CLE Credits: If a specialist fails to complete the required 30 CLE credits in civil trial law every three years.
  • Suspension or Disbarment: If a specialist is suspended or disbarred from practicing law in any jurisdiction.
  • Non-Payment of Fees: If a specialist fails to pay the required certification or recertification fees.
  • Incomplete Recertification: If a specialist does not satisfactorily complete the recertification process.
• Discretionary Decertification: Certification may be denied, suspended, or revoked based on the following factors:
  • Misrepresentation: If a specialist falsely represents their certification or provides inaccurate information during the certification process.
  • Failure to Meet Standards: If a specialist no longer meets the minimum standards for certification or fails to file the required annual audit.
  • Professional Misconduct: If a specialist is found guilty of professional misconduct or ethical violations, the Certification Board may revoke their certification.
• Reapplication After Decertification: Specialists who have been decertified may reapply under specific conditions set by the Certification Board. This often involves meeting the original criteria for certification, including passing a written examination and submitting new references.

This summary provides an overview of the annual responsibilities, recertification requirements, and decertification procedures for maintaining the status of a Civil Trial Law Specialist. Compliance with these standards is essential to ensure ongoing recognition by the MSBA.