Rule 30 - Indiana Certification Review PlanSection 1. Purpose. The purpose of this rule is to regulate the certification of lawyers as specialists by independent certifying organizations (ICO's) to: (a) enhance public access to and promote efficient and economic delivery of appropriate legal services; (b) assure that lawyers claiming special competence in a field of law have satisfied uniform criteria appropriate to the field; (c) facilitate the education, training and certification of lawyers in limited fields of law; (d) facilitate lawyer access to certifying organizations; (e) expedite consultation and referral; and (f) encourage lawyer self-regulation and organizational diversity in defining and implementing certification of lawyers in limited fields of law. Section 2. Power of Indiana Commission for Continuing Legal Education (CLE). CLE shall review, approve and monitor organizations (ICO's) which issue certifications of specialization to lawyers practicing in the State of Indiana to assure that such organizations satisfy the standards for qualification set forth in this rule. Section 3. Authority and Discretion of CLE. In furtherance of the foregoing powers and subject to the supervision of and, where appropriate, appeal to the Supreme Court of Indiana, CLE shall have authority and discretion to: (a) approve or conditionally approve appropriate organizations as qualified to certify lawyers as specialists in a particular field or closely related group of fields of law; (b) adopt and interpret rules and policies reasonably needed to implement this rule and which are not inconsistent with its purposes; (c) review and evaluate the programs of ICO's to assure continuing compliance with the purposes of this rule, the rules and policies of CLE, and the qualification standards set forth in Section 4; (d) deny, suspend or revoke the approval of an ICO upon CLE's determination that the ICO has failed to comply with the qualification standards or rules and policies of CLE; (e) keep appropriate records of those lawyers certified by ICO's approved under this rule; (f) cooperate with other organizations, boards and agencies engaged in the field of lawyer certification; (g) enlist the assistance of advisory committees to advise CLE; and (h) make recommendations to the Indiana Supreme Court concerning: (1) the need for and appointment of a Director and other staff, their remuneration and termination; (3) appropriate fees for applicant organizations, qualified organizations and certified specialists; and (4) any other matter the Indiana Supreme Court requests. Section 4. Qualification Standards for Independent Certifying Agencies. (a) The ICO shall encompass a comprehensive field or closely related group of fields of law so delineated and identified (1) that the field of certification furthers the purpose of the rule; and (2) that lawyers can, through intensive training, education and work concentration, attain extraordinary competence and efficiency in the delivery of legal services within the field or group. (b) The ICO shall be a non-profit entity whose objectives and programs foster the purpose of this rule. A majority of the body within an Applicant organization reviewing applicants for certification of lawyers as specialists in a particular area of law shall consist of lawyers who, in the judgment of CLE, are experts in the field of certification. (c) The ICO shall have a substantial continuing existence and demonstrable administrative capacity to perform the tasks assigned it by this rule and the rules and policies of CLE. (d) The ICO shall adopt, publish and enforce open membership and certifications standards and procedures which do not unfairly discriminate against members of the Bar of Indiana individually or collectively. (e) The ICO shall provide the following assurance to the continuing satisfaction of CLE with respect to its certified practitioners: (1) that certified practitioners have a demonstrated proficiency in the field of certification that is: (ii) objectively demonstrated; (iii) peer recognized; and (iv) reevaluated at appropriate intervals; (2) that members actively and effectively pursue the field of certification as demonstrated by continuing education and substantial involvement; and (f) The ICO shall cooperate at all times with CLE and perform such tasks and duties as CLE may require to implement, enforce and assure compliance with and effective administration of this rule. Section 5. Qualification Standards for Certification. (a) To be recognized as certified in a field of law in the State of Indiana, the lawyer must be duly admitted to the bar of this state, in active status, and in good standing, throughout the period for which the certification is granted. (b) The lawyer must be certified by an ICO approved by CLE, and must be in full compliance with the Indiana Bar Certification Review Plan, the rules and policies of the ICO and the rules and policies of CLE. Section 6. Privileges Conferred and Limitations Imposed. (a) A lawyer who is certified under this rule may communicate the fact that the lawyer is certified by the ICO as a specialist in the area of law involved. The lawyer shall not represent, either expressly or impliedly, that the lawyer's certification has been individually recognized by the Indiana Supreme Court or CLE, or by an entity other than the ICO. (b) Certification in one or more fields of law, shall not limit a lawyer's right to practice in other fields of law. (c) Absence of certification in a field of law shall not limit the right of a lawyer to practice in that field of law. Participation in the Indiana Bar Certification Review Plan shall be on a voluntary basis. (d) The number of certifications which a lawyer may hold shall be limited only by the practical limits of the qualification standards imposed by this rule and the rules and policies of the ICO. (e) An ICO shall not be precluded from issuing certificates in more than one area of certification but in such event, the ICO's qualifications shall be judged and determined separately as to each such area of certification. To the extent consistent with the purpose of the Indiana Bar Certification Review Plan, any number of ICO's may be approved to issue certifications in the same or overlapping fields or groups of closely related fields of law. Section 7. Fees. To defray expenses of the Indiana Bar Certification Review program, the Indiana Supreme Court may establish and collect reasonable and periodic fees from the ICO's and from applicants and lawyers certified under the Indiana Bar Certification Review program. Section 8. Appeal. CLE action or inaction may be appealed as abuse of authority under the Rules of Procedure applicable to original actions in the Indiana Supreme Court. Ind. R. Att'y Adm. & Discip. 30
Adopted Dec. 5, 1994, effective 2/1/1995; amended Sept. 10, 2007, effective 1/1/2008.