Rule 6-16.4 - RECERTIFICATION The applicant must satisfy the following requirements for recertification during the 5-year period immediately preceding the application date.
(a) Substantial Involvement. The applicant must have substantial involvement in contested business litigation cases sufficient to demonstrate special competence as a business litigation lawyer. Substantial involvement includes active participation in client interviewing, counseling, investigating, preparation of pleadings, participation in discovery, taking of testimony, presentation of evidence, negotiation of settlement, drafting and preparation of business litigation settlement agreements, and argument and trial of business law cases.(b) Minimum Number of Matters. The applicant must have had substantial involvement in 25 contested business litigation matters. These matters must have proceeded at least to the filing of a complaint or similar pleading and involve substantial legal or factual issues. At least 5 of the 25 matters must have been submitted to the trier of fact for resolution of 1 or more contested factual issues through the presentation of live testimony or other evidence at a hearing. "Submission to the trier of fact" and "trial before a jury" requires completion of the client's case. The applicant may complete an advanced trial advocacy seminar either by teaching, attendance, or a combination and substitute completion for 1 of the 5 required matters if the applicant has not participated in 5 matters submitted to the trier of fact for resolution. The seminar must be 3 full days, approved by the business litigation certification committee, and include as part of its curriculum active participation by the applicant in simulated courtroom proceedings. All course materials for the seminar must be submitted to the business litigation certification committee to be considered for substitution. The business litigation certification committee may consider involvement in protracted adversary proceedings to satisfy any of these requirements on good cause shown. A "protracted adversary proceeding" is a business litigation matter which is so time consuming as to preclude the applicant from meeting the requirements of this subdivision. In order to demonstrate compliance with the requirements of this section, the following criteria are applicable.(1) Summary judgments do not count as 1 of the 5 matters submitted to the trier of fact.(2) A preliminary injunction or other evidentiary hearing counts as 1 of the 5 matters submitted to the trier of fact.(3) A matter in which the applicant supervises an associate qualifies as 1 of the 25 contested litigation matters, but not as 1 of the 5 matters submitted to the trier of fact.The business litigation certification committee may waive compliance with the evidentiary hearing criteria for an applicant who has been continuously board certified as a business litigation lawyer for a period of 14 years or more on special application for good cause shown.
(c) Education. The applicant must complete 50 hours of approved continuing legal education since the date of the last application for certification. Accreditation of educational hours is subject to policies established by the business litigation certification committee or the board of legal specialization and education.(d) Peer Review. The applicant must submit names and addresses of 5 lawyers who are not the applicant's associates or partners to complete peer review forms. The lawyers themselves must be substantially involved in business litigation and familiar with the applicant's practice. At least 1 of the references must be a judge or presiding officer of a court or other tribunal before whom the applicant has appeared as an advocate in a business litigation matter in the 2-year period immediately preceding the application.(e) Judges. Service as an officer of any judicial system as defined in the Code of Judicial Conduct performing judicial functions on a full-time basis during a substantial portion of the period since the last date of certification substitutes for substantial involvement, minimum number of matters, and education under this rule for an applicant who is otherwise qualified for recertification.Added July 20, 1995 (658 So.2d 930). Amended July 17-18, 1996, by the Board of Governors of The Florida Bar; September 18-20, 1997, by the Board of Governors of The Florida Bar; amendment approved by Board of Governors on August 22, 2003; amendment approved by BoG on 6/2/06 and effective 6/5/06; amendment approved by Board of Governors on3/28/2008, effective3/28/2008; amendments approved by Boar d of Governors on1/31/2014; amended and effective 12/4/2020 by the Florida Bar Board of Governors.