Rule 6-4.3 - MINIMUM STANDARDS(a) Substantial Involvement and Competence. The applicant must demonstrate continuous and substantial involvement and competence in civil trial law under the following standards.(b) Minimum Period of Practice. The applicant must have practiced law for at least 5 years of which at least 50 percent was spent actively participating in civil trial law. At least 3 years of this practice must have been immediately preceding the filing of the application or the applicant may have served as a judge of a court of general jurisdiction adjudicating civil trials matters during those 3 years.(c) Minimum Number of Trials. The applicant must have handled and been substantially involved in the oral presentation of at least 15 contested civil trials, each involving substantial legal or factual issues, in courts of general jurisdiction. A circuit court jury trial of 6 or more trial days may be submitted for consideration as 2 trials only if the applicant personally completed at least 3 of 5 components of trial. A circuit court jury trial of 16 or more trial days may be submitted for consideration as 3 trials only if the applicant personally completed at least 3 of 5 components of trial. Of these 15 trials:
(1) 5 must have been jury trials, and only 2 of those 5 may be county court jury trials;(2) 5 must have been conducted by the applicant as lead counsel, and only 4 of those 5 may be county court jury trials;(3) 5 must have been submitted to the trier of fact on some or all of the issues; and(4) 2 jury trials and 2 trials conducted by the applicant as lead counsel must have been tried during the 5-year period immediately preceding filing the application.(d) Non-qualifying Proceedings. The following matters or proceedings do not qualify as trials under this rule:(1) mortgage foreclosures tried in less than 1 day;(5) workers' compensation;(6) mediations and arbitrations;(7) administrative hearings under Chapter 120, Florida Statutes; and(8) summary judgments, evidentiary hearings, preliminary injunctions, and appellate proceedings.(e) Substitutions. The applicant may submit a total of 3 substitutions if the applicant is unable to submit 15 trials. The following are acceptable substitutions.(1) Evidentiary hearings, injunctions, or adversarial proceedings that are binding on the parties, involved the taking of testimony and submission of evidence, lasted at least 1 trial day, and involved substantial legal and factual issues as determined by the civil trial certification committee may be submitted for up to 3 substitutions.(2) Completion of an advanced trial advocacy seminar approved by the civil trial certification committee either through teaching or attendance that includes active participation by the applicant in simulated courtroom proceedings may be submitted for up to 1 substitution.(3) County court jury trials in which the applicant is lead counsel may be submitted for up to 2 substitutions as follows:(A) a non-jury trial which results in a judgment; or(B) a jury trial in which the applicant completes at least 2 components of the trial.(f) Substantial Involvement and Competence Defined. The applicant must have substantial involvement in contested civil matters sufficient to demonstrate special competence in civil trial law within the 3-year period immediately preceding the filing of the application. Substantial involvement and competence is: (1) active participation in the litigation process, including the investigation and evaluation of civil disputes;(2) involvement in pretrial processes, including preparation of pleadings, discovery, and motion practice;(3) planning and review of strategy and tactics for trial;(4) participation in the process of mediation and settlement; and(5) the taking of testimony, presentation of evidence, and argument of jury or nonjury trials. The civil trial certification committee may waive 2 of the 3-year substantial involvement requirement for individuals who have served as judges of courts of general jurisdiction adjudicating civil trial matters for good cause shown. The year immediately preceding filing the application will not be waived.
(g) Peer Review. The applicant must submit the names and addresses of 6 lawyers, who are neither relatives nor current associates or partners to complete peer review forms. Individuals submitted as references must be substantially involved in civil trial law and familiar with the applicant's practice. At least 1 must be a judge of a court of general jurisdiction in the state of Florida before whom the applicant has appeared as an advocate in the 2 years immediately preceding filing the application.(h) Education. The applicant must complete 50 credit hours of approved continuing legal education in civil trial law during the 3-year period immediately preceding the application date. Accreditation of educational hours is subject to policies established by the civil trial certification committee or the board of legal specialization and education.(i) Examination. The applicant must pass an examination administered uniformly to all applicants, to demonstrate sufficient knowledge, proficiency, and experience in civil trial law to justify the representation of special competence to the legal profession and the public.Amended Sept. 21, 1989, effective 10/1/1989 548 So.2d 1120; 7/23/1992, effective 1/1/1993 605 So.2d 252; amended Feb. 17, 1995, by the Board of Governors of The Florida Bar; amended January 9-10, 1997, by the Board of Governors of The Florida Bar; amended May 21-22, 1998, by the Board of Governors of The Florida Bar; amended June 3, 2005 by the Board of Governors; amended and effective 5/20/2016 by The Florida Bar Board of Governors; amended and effective 12/4/2020 by The Florida Bar Board of Governors; amended and effective 12/1/2023 by The Florida Bar Board of Governors.