As amended through November 5, 2024
Rule 1003 - Standards for Approval of Certifying Agencies(a) The persons in a certifying entity shall include lawyers who, in the judgment of the Commissioners, have extensive practice or involvement in the specialty field.(b) A certifying entity's standards for certification of specialists must include, as a minimum, the standards required for certification set out in this plan and in the rules, regulations and standards adopted by the Commissioners from time to time. Such standards shall not discriminate against any lawyer properly qualified for certification as a specialist, but shall provide a reasonable basis for the determination that the lawyer possesses special competence in a particular field of law, as demonstrated by the following means: (1) The applicant must be licensed and currently in good standing to practice law in this state;(2) The applicant must demonstrate substantial involvement in the specialty field of practice during the three-year period immediately preceding application to the certifying entity. "Substantial involvement" shall be defined as to each specialty from a consideration of its nature, complexity and differences from other fields and from consideration of the kind and extent of effort and experience necessary to demonstrate competence in that area.(3) Peer recommendations from lawyers and/or judges in good standing and who are familiar with the competence of the lawyer, none of whom are related to, or engaged in legal practice with, the lawyer.(c) The certifying entity shall be responsible for making appropriate investigations of peer recommendations and for obtaining any other data that may be required to assure the lawyer is in compliance with the legal certification program.(d) The certifying entity shall register all lawyers whom it certifies as specialists pursuant to the plan and shall report to the Commissioners those lawyers who are certified.(e) Each certifying entity shall annually submit to the Commissioners a report of its activities during the previous year, including a demonstration of the measures employed to ensure compliance with the provisions of these rules.(f) The certifying entity shall cooperate at all times with the Commissioners and perform such other duties as may be required by the Commissioners so that the plan is properly administered.