Found at: http://ctbar.org/article/articleprint/52/-1/5/

FAQs

Author: JJ

Publishing date: 06.06.2003 20:37

Is there an approved certification program available for me in Connecticut in my specialty area?

Currently, attorneys in Connecticut may only be certified in the following areas: criminal law (National Association of Trial Advocacy), civil trial practice (National Association of Trial Advocacy), workers’ compensation law (Connecticut Bar Association), business bankruptcy (American Board of Certification), and consumer bankruptcy (American Board of Certification).

What would certification do for my practice?

Certification is a way to distinguish yourself from your colleagues and to communicate your experience and competence to potential clients as well as to other attorneys. Attorneys who have become certified as specialists may indicate that they have met the rigorous requirements of the Connecticut Bar Association’s certification program, making this certification a particularly desirable credential. Only attorneys who have been certified by a court approved certification program may indicate in advertisements and on letterhead that they are Board Certified Workers’ Compensation Specialists. Furthermore, certification is a good source for referrals; other attorneys feel more confident referring a client to a certified specialist.

In addition, your name will be included on the CBA’s Web site and in the CBA’s Lawyers’ Diary under a listing of workers’ compensation specialists. Potential clients who contact the CBA trying to find an attorney who specializes in workers’ compensation law will be provided this list of Board Certified Workers’ Compensation Specialists.

How do I qualify to become a Board Certified Workers’ Compensation Specialist?

To become a Board Certified Workers’ Compensation Specialist, an attorney must satisfy the following standards:

• demonstrate that no less than twenty five percent of their practice has been in the area of workers’ compensation over the past five years;
• been engaged in the practice of law for at least five years and been a member in good standing of each bar in which the applicant is admitted;
• maintained a malpractice policy with minimum limits of $300,000 per occurrence;
• have a satisfactory professional and disciplinary history;
• have participated in a minimum of thirty-six hours of continuing legal education activities in the area of workers’ compensation law in the three years prior to filing the application;
• provide a minimum of five references from lawyers knowledgeable regarding the applicant’s practice and competence; and
• pass a one-day written examination dealing with all aspects of workers' compensation practice, procedures, and ethics.

What is the biggest advantage to becoming a Board Certified Workers’ Compensation Specialist?

Perhaps the most practical advantage to becoming certified as a legal specialist is the ability to effectively advertise your area of expertise to potential clients as well as to other lawyers. Without formal recognition as a specialist, The Rules of Professional Conduct prohibit a lawyer, from making certain representations about his or her practice, even if they are truthful. For example, a lawyer may not say that his or her practice has "an emphasis in," "is limited to," "specializes in," or "is concentrated in" a particular area of law if he or she has not been formally certified as a specialist in that area by a court approved certification program. These phrases "have acquired a secondary meaning implying formal recognition as a specialist. Hence, use of these terms may be misleading unless the lawyer is certified or recognized in accordance with procedures in the state where the lawyer is licensed to practice" (Commentary to Rule 7.4 of the Rules of Professional Conduct). Certified lawyers are therefore at a distinct advantage when it comes to being able to effectively communicate their area of expertise in the yellow pages, on letterhead, and in other advertisements.

How do I apply to become a Board Certified Workers’ Compensation Specialist?

File a Notice of Intent Form
The Notice of Intent is a short pre-application form which is filed with a $50.00 non-refundable application fee. Watch for information on this Web site concerning the filing deadlines for the next application cycle.

File an Application
Upon receipt of your Notice of Intent form, the CBA will forward the complete application to you. The application fee is $200.00. Once you complete your application, including five references and all necessary documentation, the application will be reviewed by a member of the Examining Committee.

Sit for a One-Day Written Examination
If you are deemed qualified, you will be permitted to sit for a one-day written examination. The examination fee is $250.00. The exam consists of multiple choice and essay questions dealing with all aspects of workers’ compensation practice and procedure, as well as ethical issues related to the practice of workers’ compensation law.

Who administers the Workers’ Compensation Certification Program?

The Standing Committee on Workers’ Compensation Certification and the Examining Committee are responsible for administering the program. The committee consists of dedicated, highly regarded practitioners. At least half of the members of the Standing Committee are Board Certified Workers’ Compensation Specialists. The chairperson of the Connecticut Bar Association’s Workers’ Compensation Section appoints the members of the Standing Committee on Workers’ Compensation Certification.

How long does certification last?

Certification is for a period of five years. To maintain certification, attorneys must satisfy ongoing continuing legal education, malpractice, substantial involvement, and peer review requirements. Applicants for recertification are not required to sit for another examination.

Are there attorneys in Connecticut who have been certified as specialists in the area of my legal problem?

In Connecticut, court approved certification programs exist in only five areas of the law. They are business bankruptcy, consumer bankruptcy, criminal law, civil trial practice, and workers’ compensation. Listed below is a brief description of the types of matters included in these particular specialty areas. If you are looking for an attorney who has been certified as a specialist in one of the following areas or if you are an attorney interested in becoming certified, click on the program name for more information.

Business Bankruptcy, American Board of Certification: The practice of law dealing with all aspects of the United States Bankruptcy Code when the debtor was engaged in business before the institution of a Chapter 7, 9, or 11 proceeding. This includes, but is not limited to, business liquidations, business reorganizations, and related adversary and contested proceedings.

Consumer Bankruptcy, American Board of Certification: The practice of law dealing with all aspects of the United States Bankruptcy Code when the debtor was not engaged in business before the institution of a Chapter 7, 12, or 13 proceeding. This includes, but is not limited to, liquidations, wage earner plans, family farmers, and related adversary and contested proceedings.

Civil Trial Practice, National Association of Trial Advocacy: The practice of law dealing with representation of parties before federal or state courts in all non-criminal matters.

Criminal, National Association of Trial Advocacy: The practice of law dealing with the prosecution or representation of persons accused of crimes at all stages of criminal proceedings in federal or state courts, including, but not limited to, the protection of the accused’s constitutional rights.

Workers’ Compensation, The Connecticut Bar Association Standing Committee on Workers’ Compensation Certification: The practice of law dealing with the representation of parties before federal and state agencies, boards, and courts in actions to determine eligibility for workers’ compensation and disability.

What does the certification exam consist of?

The exam is comprised of multiple choice and essay questions dealing with all aspects of workers’ compensation practice, procedure, and ethics. The exam is approximately six hours.

How long does it take to become a Board Certified Workers’ Compensation Specialist?

From the filing of the Notice of Intent until the release of the exam results is approximately ten months.

How often are the exams given?

The last certification exam was given May 9, 2003. The following is the schedule for the next certification exam:

Notice of Intent to Apply due - January 5, 2005

Applications due - February 15, 2005

Workers' Compensation Certification Exam - May 20, 2005