Section 4 - Minimum Standards for Certification of Specialists(A)Substantial involvement An attorney seeking certification shall demonstrate substantial involvement in the specialty area in the representation of clients during the three-year period immediately preceding application to an accredited organization. At a minimum, an attorney shall demonstrate that during the three-year period immediately preceding the attorney's application the attorney devoted at least twenty-five percent of the time a typical attorney devotes to a normal, full-time legal practice to practicing in the specialty area. (B)Peer review(1) An attorney seeking certification shall submit the names of at least five references from attorneys or judges who are knowledgeable regarding the practice area and are familiar with the competence of the attorney.(2) The accredited organization shall send the reference forms to potential references.(3) The reference forms shall inquire into the respondent's area of practice, the respondent's familiarity with both the specialty area and the attorney seeking certification, and the length of time the respondent has been practicing law and has known the attorney seeking certification. The form also shall inquire about the qualifications of the attorney seeking certification in various aspects of the practice and, as appropriate, the attorney's dealings with judges and opposing counsel.(4) The attorney may not submit as a reference any attorney or judge who is related to the attorney seeking certification or who is currently engaged in legal practice with an attorney or who has the same employer.(5) The accredited organization may seek and consider other references.(C)Written examination An attorney seeking certification shall pass a rigorous written examination testing at the highest level the knowledge and skills of the substantive and procedural law in the specialty area. (D)Educational experience(1) An attorney seeking certification as a specialist shall complete a minimum of thirty-six hours of continuing legal education in the specialty area in which the attorney is seeking certification within the three-year period preceding the attorney's application for certification. The continuing legal education shall fully comply with Gov. Bar R. X and the CLE Regulations.(2) In addition to the requirements of Gov. Bar R. X, a specialist shall complete twelve hours of continuing legal education every two years in each specialty area for which the specialist is certified.(3) An accredited organization may exempt an attorney from the continuing education requirements in the event of a severe, prolonged illness or disability that prevents the specialist from participating in accredited continuing legal education programs and activities and in the requirements for certification renewal established by the Commission and the accredited organization as follows:(a) Before the deadline for recertification, the attorney shows, by a preponderance of the evidence and to the satisfaction of the accredited organization, completing the requirements for recertification presents an extreme hardship and recertification is significantly more difficult as a result of the severe, prolonged illness or disability;(b) After the deadline for recertification, the attorney shows, by a preponderance of the evidence and to the satisfaction of the accredited organization, completing the requirements for recertification presented an extreme hardship, recertification was significantly more difficult as a result of the severe, prolonged illness or disability, and there exists an adequate explanation as to why the attorney did not seek exemption prior to the end of the attorney's certification period;(c) The duration of an exemption granted shall be dependent upon the severity of the attorney's illness or disability and may be limited, as determined by the accredited organization;(d) An accredited organization shall develop standards to assess all exemption requests and review all requests in accordance with those standards. The standards shall include an appeal procedure for an attorney requesting an exemption to challenge the decision of the member or members of the accredited organization who reviewed and passed upon the attorney's request. The appeal procedure shall provide the attorney requesting the exemption with an opportunity to appeal to a separate, impartial decision-maker in the event of denial of eligibility for or denial of an exemption. The separate, impartial decision-maker may include a person associated with the accredited organization.(E)Good standing An attorney seeking certification shall provide proof of both of the following: (1) The attorney is registered for active status pursuant to Gov. Bar R. VI, is in good standing with the Supreme Court, and has no current or pending disciplinary matter in Ohio or another state;(2)(a) The attorney is covered by professional liability insurance through an insurance company authorized to transact business in Ohio, in an amount not less than five hundred thousand dollars per loss, and has demonstrated ability to pay all claims that fall within the liability insurance deductible, except that attorneys who meet the following criteria may be exempted from this requirement: (i) An attorney who can demonstrate the attorney's employment relationship will fully cover any professional liability claim or provide immunity;(ii) An attorney employed by an entity, other than a law firm, whose sole professional practice is for that entity;(iii) An attorney employed by a governmental entity that would be immune from liability claims.(b) The attorney shall notify the accredited organization immediately of any cancellation or change in the attorney's professional liability insurance coverage.(F)Attorney acknowledgement The attorney shall sign and submit an attorney certification and acknowledgement on a form promulgated by the Commission. Once the attorney is certified, this form shall be collected annually by the accredited organization from the attorney and shall be stored and maintained by the organization for the length of the attorney's current certification period. (G)Specialists who become judges or magistrates No sitting, full-time judge or magistrate may represent or hold themselves out as a certified specialist nor may any accrediting organization represent or hold out a sitting, full-time judge or magistrate as a specialist. When a certified specialist assumes a position of sitting, full-time judge or magistrate, the date on which the specialist's certification would otherwise expire shall be noted by the accrediting organization. If the specialist's tenure as a sitting, full-time judge or magistrate concludes before that expiration date, and provided the specialist has in the interim continued to satisfy the continuing legal education requirements of this rule, the judge's or magistrate's certification may resume upon request, subject to any reasonable requirements of the accrediting organization, and continue until the next expiration date. (H)Length of certification The period of certification as a specialist shall be set by the accredited organization, but shall be not less than three or more than seven years. During the certification period, the Commission may require directly, or through the accredited organization, evidence from the specialist of continued qualification for certification as a specialist. (I)Certification renewals Application for and approval of continued certification as a specialist shall be required prior to the end of each certification period. To qualify for continued certification as a specialist, an attorney accredited organization shall pay the required fee and satisfy the requirements for certification renewal established by the accredited organization.Amended February 27, 2024, effective 4/15/2024