Personal Injury Board Certification by the State Bar of Nevada

The Personal Injury Certification in Nevada is a prestigious designation awarded to attorneys who have demonstrated a high level of expertise, integrity, and professionalism in the practice of personal injury law. This certification process is governed by a comprehensive set of rules and regulations, ensuring that only the most qualified attorneys are recognized as specialists. Below is a detailed explanation of the standards and requirements for obtaining and maintaining this certification.

Mission Statement

The mission of the Personal Injury Specialization is twofold:

1. Public Identification of Experts: To clearly identify to both the public and the legal community those attorneys who possess superior knowledge, skills, and professionalism in personal injury law. This helps potential clients find attorneys who are well-matched to their legal needs.
2. Enhancement of Legal Services: To improve the quality of legal services in Nevada by ensuring that attorneys who hold themselves out as Personal Injury Specialists are not only highly competent but also maintain appropriate liability insurance to protect their clients.

Authority and Governance

The Personal Injury Specialization program operates under the authority of the Nevada Board of Governors, who have the final say in all matters related to legal specialization in the state. The Board of Governors has approved the Nevada Justice Association as the certifying body for Personal Injury Specialists, and they maintain the right to review and modify the program as necessary.

Board of Personal Injury Legal Specialization

The Board of Personal Injury Legal Specialization, referred to as the "PI Board," is the entity responsible for administering the certification program. The PI Board operates under the supervision of the Nevada Justice Association and is tasked with:

• Certification Administration: Overseeing the entire certification process, from application to issuance of certificates.
• Standards Development: Establishing and updating the standards for education, experience, and professional conduct required for certification.
• Application Review: Evaluating and approving or denying applications based on the established criteria.
• Conducting Exams: Developing and administering the certification examination, including setting grading criteria.
• Ethical Oversight: Ensuring that certified specialists adhere to high ethical standards in their practice.

The PI Board consists of five members, all of whom are Nevada attorneys practicing in the state. Over time, the majority of the board members will be certified Personal Injury Specialists to ensure the board's decisions are grounded in expertise.

Certification Requirements

To qualify for certification as a Personal Injury Specialist, an attorney must meet several stringent criteria:

1. Active Legal Practice: The applicant must have been actively practicing law for a minimum of seven consecutive years, with at least three of those years spent practicing in Nevada.
2. Good Standing: The applicant must be an active member in good standing with the State Bar of Nevada, with no history of serious disciplinary actions or trust claims.
3. Substantial Involvement in Personal Injury Law:
   • For Attorneys in Clark, Washoe, or Carson City Counties: Must have dedicated at least 33.3% of their practice (approximately 480 hours per year) to personal injury law.
   • For Attorneys in Other Areas of Nevada: Must have dedicated at least 25% of their practice (approximately 360 hours per year) to personal injury law.
4. Verification of Involvement: Applicants must provide detailed records demonstrating their substantial involvement in personal injury law over the five years preceding the application. This includes the number and types of cases handled, the extent of their participation, and the outcomes of these cases.
5. Professional Liability Insurance: Applicants must carry at least $500,000 in professional liability insurance, with a recommendation to carry $1,000,000. Proof of this insurance must be submitted with the application.
6. Peer Review: Applicants must submit references from at least five Nevada attorneys, judges, or professionals familiar with their work in personal injury law. The PI Board may also seek additional references to assess the applicant's ethics, professionalism, and competence.
7. Examination: Applicants must pass a rigorous examination that tests their knowledge of personal injury law, including substantive law, rules of practice, evidence, ethics, and alternative dispute resolution. The exam is designed to ensure that certified specialists have a depth of knowledge far exceeding that of a general practitioner.
8. Trials Experience: Applicants must have served as the principal trial attorney in a minimum of eight contested civil trials in a court of general jurisdiction. This experience must include at least four jury trials, and at least four trials where the applicant served as lead counsel.

Examination and Peer Review Process

The examination is a critical component of the certification process. It is offered at least twice a year and covers a wide range of topics relevant to personal injury law. If an applicant fails the exam, they may retake it once, provided they submit additional documentation of their continued involvement in personal injury law.

The peer review process involves the submission of references who can attest to the applicant's capabilities. These references are carefully vetted by the PI Board, and any adverse or negative information provided is thoroughly investigated. If the information cannot be substantiated, it will not be considered in the board's final decision.

Recertification

Certified Personal Injury Specialists must undergo recertification every five years. The recertification process is similar to the initial certification but focuses on the attorney's continued involvement in personal injury law and their compliance with ongoing education and insurance requirements. Specific recertification criteria include:

• Continued Involvement: Demonstrating substantial involvement in personal injury law during the preceding five years, including acting as principal trial attorney in one or more significant cases.
• Ongoing Education: Completing annual continuing legal education (CLE) requirements, with a focus on personal injury law.
• Insurance Maintenance: Providing ongoing proof of professional liability insurance.
• Fee Payment: Paying all required recertification fees.

Professional Conduct and Revocation

The certification is contingent upon the attorney's adherence to the highest standards of professional conduct. Certification may be revoked if an attorney fails to maintain these standards, fails to complete the required continuing education, or loses their good standing with the State Bar of Nevada. The revocation process includes a formal hearing, and the decision of the PI Board is final.

Final Certification and Annual Registration

Once certified, attorneys must register with the State Bar of Nevada and pay an annual registration fee. They must also provide annual proof of insurance and complete the required CLE hours each year to maintain their certification.

Conclusion

The Personal Injury Certification in Nevada is a mark of distinction that signifies an attorney's commitment to excellence in the field of personal injury law. By adhering to these rigorous standards, certified specialists ensure that they provide the highest quality of legal representation to their clients, while also maintaining the integrity and professionalism expected of Nevada's legal community.