What does it take to become an ABPLA attorney? A lot! We verify our Attorneys’ experience and competence through a rigorous application process that includes written examination.

ALL Applicants for Board Certification in Legal or Medical Professional Liability must meet the following basic requirements:

• Be in good standing with your State Bar;
• Provide a writing sample, either trial memorandum or brief;
• Pass ABPLA’s written examination in either Legal or Medical Professional Liability;
• Have spent at least the last 5 years practicing in Legal or Medical Professional Liability;
• In the last 3 years, have dedicated at least 25% of your professional time to Legal or Medical Professional Liability;
• In the last 3 years, have completed a minimum of 36 hours of continuing legal education (CLE) in Legal or Medical Professional Liability, or met the CLE requirements of your State Bar, whichever is greater;
• and Provide 6 references: 3 judges and 3 attorneys who practice in Legal or Medical Professional Liability.

MEDICAL PROFESSIONAL LIABILITY REQUIREMENTS

To become Board Certified in the area of Medical Professional Liability, the following requirements specific to the practice of Medical Professional Liability must also be met:

Demonstrate substantial involvement in Medical Professional Liability by showing you:

• Served as named counsel (not necessarily lead counsel) during your legal career in at least 15 contested matters, 5 of which were trials where testimony was taken (the other 10 matters could have been resolved by alternative dispute resolution) and spent at least 15 days in trial.
• Participated in 20 additional contested performances (trials, depositions, hearings, which can be in the same case or cases).
• Within the 3 years prior to application, have done any one of the following:
  • 1. Spent 5 days in trial taking testimony;
  • 2. Participated as supervisor or lead in 24 matters/cases;
  • 3. Had 24 performances (depositions, hearings, alternative dispute resolutions); or
  • 4. Any combination of trial days, participation in litigated matters or performances which demonstrates substantial involvement in Medical Professional Liability.

LEGAL PROFESSIONAL LIABILITY REQUIREMENTS

To become Board Certified in the area of Legal Professional Liability, the following requirements must also be met:

Demonstrate substantial involvement in Legal Professional Liability by showing you:

• Have served as LEAD counsel during your legal career in at least 10 trials or arbitrations where testimonial evidence was presented and the matters were submitted to the finder of fact; and of the aforesaid 10 trials, 2 must involve claims of Legal Professional Liability and 1 must be a jury trial.
• Participated in 20 additional contested matters (trials, hearings, depositions) involving claims of Legal Professional Liability.
• Within the 3 years prior to application, have done any one of the following:
  • 1. Participated in 10 matters involving claims of Legal Professional Liability that went to trial or alternate dispute resolution;
  • 2. Concluded 24 litigated matters involving claims of Legal Professional Liability as lead counsel or in a supervisory capacity to lead counsel;
  • 3. Had 24 performances (depositions, hearings) involving claims of Legal Professional Liability; or
  • 4. Any combination of trial days, participation in litigated matters or performances which demonstrates substantial involvement in Legal Professional Liability.

• A. Good Standing
  • 1. The applicant shall furnish evidence of his or her current admission in good standing in one or more states or territories of the United States or the District of Columbia (if admitted in more than one state, or territory of the United States or District of Columbia, then the applicant shall furnish of evidence of his or her current admission in good standing in the state or territory of principal practice).
  • 2. Immediately preceding application, the applicant must have spent five (5) years in the actual practice of his or specific area of professional liability law.
• B. Substantial Involvement
  • 1. The applicant must make a satisfactory showing of substantial involvement, with at least twenty-five (25) percent of his or her time engaged in the litigation of the specific area of professional liability litigation for each of the three (3) years preceding the filing for recertification, in one or more of the following areas of professional liability:
    • a. medical professional liability (includes all health care professionals);
    • b. legal professional liability;
  • 2. The applicant, for recertification in the area of medical professional liability, must further demonstrate substantial involvement in specialized practice, by showing that he or she has appeared as named counsel who took testimony for a party or parties:
    • a. Not less than 5 days of trial (taking testimony) involving claims of medical professional liability for four (4) out of the five (5) years preceding the filing of the application.
    • b. As an alternative, in place of the trial day requirement, one of the following:
      • I. Participation in 32 litigated matters involving claims of medical professional liability, either directly handled to conclusion as named counsel who took testimony or in a supervisory capacity to lead counsel or,
      • II. Participation in 32 performances involving claims of medical professional liability which would include participation in alternative dispute resolutions proceedings, depositions or hearings at which either oral argument was made or testimony was taken or,
      • III. A combination of trial days, participation in litigated matters or performances involving claims of medical professional liability which demonstrates substantial involvement equivalent to one of the two subsections above as determined by the Standards Committee of the ABPLA Board of Governors.
  • 3. The applicant, for recertification in the areas of legal professional liability must further demonstrate substantial involvement in specialized practice, by showing that he or she has appeared as lead counsel for a party or parties:
    • a. Participation in not less that 5 matters which went to trial, arbitration or some other form of alternative dispute resolution, involving claims in the area for which the applicant seeks recertification for four (4) out of the five (5) years preceding the filing of the application.
    • b. As an alternative, in place of the above requirement, one of the following:
      • I. Participation in 40 litigated matters involving claims in the area for which the applicant seeks recertification, either directly handled to conclusion as lead counsel or in a supervisory capacity to lead counsel or,
      • II. Participation in 60 performances involving claims in the area for which the applicant seeks recertification which would include depositions or hearings at which either oral argument was made or testimony was taken or,
      • III. A combination of trial days, participation in litigated matters or performances involving claims in the area for which the applicant seeks recertification which demonstrates substantial involvement equivalent to one of the two subsections above as determined by the Standards Committee of the ABPLA Board of Governors.
• C. Educational Experience
  

  The applicant must show that he or she participated in and completed at least thirty-six (36) hours of educational activity, as set forth in Part C of the Certification Standards, during the three years immediately preceding recertification. Any applicant seeking certification who is licensed to practice law in a state where the minumum CLE for board certification is more than 36 hours must satisfy the requirements of that particular state bar in order to meet ABPLA certification standards in that state and/or to hold themselves out as a board certified Diplomate of the ABPLA as approved by the American Bar Association in that state. Any applicant licensed to practice law in the state of California must complete a minimum of (45) hours of approved education in the Specialty field within the three (3) year period immediately preceding their application.

• D. Peer Review
  • 1. The applicant shall submit the names of six references, not present partners or associates of the applicant. References are not accepted from persons related to the applicant. Such references shall be substantially involved in the relevant field of trial law, and should be familiar with the applicant's practice in that field. One shall be a judge of a court of general jurisdiction, or a court of special jurisdiction not limited as to amount, before whom the applicant has appeared as an advocate in the relevant field, not more that three years before application; and two shall be attorneys with whom, or against whom, the applicant has tried a matter in that field within three years of application.
  • 2. ABPLA will solicit confidential statements from the three references named by the applicant and may obtain confidential statements of reference from other persons, familiar with the applicant's practice, not specifically named by the applicant.
• E. Disclosure of Misconduct
  

  The applicant shall comply with Section II, paragraph G (Standards for Certification) in the same manner as an applicant for certification. In addition, a Diplomate must report any pending disciplinary matter to the ABPLA within 60 days of notification of such proceeding.

• F. Annual Reporting

A Disclosure of Misconduct (Section II, Paragraph G of Standards for Certification) must be current before recertification will be granted.