§ Rule 6-13.3 Minimum Standards

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-13 Standards > Rule 6-13.3

Rule 6-13.3. Minimum Standards

    (a) Substantial Involvement. The applicant shall have been engaged in the practice of law for at least 5 years. During the 3-year period immediately preceding the date of application, at least 30 percent of the applicant's practice shall have been spent in substantial and direct involvement in appellate practice sufficient to demonstrate special competence as an appellate lawyer. For good cause shown, the appellate practice certification committee may waive up to 2 of the 3 years' substantial involvement for individuals who have served as appellate judges or as a clerk, career attorney, or staff attorney in an appellate court. In no event may substantial involvement during the year immediately preceding the application be waived.

    (b) Appellate Actions. During the 5-year period immediately preceding application, the applicant shall have had sole or primary responsibility in at least 25 appellate actions for the filing of principal briefs in appeals, or the filing of petitions or responses thereto in extraordinary writ cases. Where primary responsibility is used to meet this requirement, the applicant shall specifically identify any co-counsel and demonstrate to the satisfaction of the appellate practice certification committee that the applicant's level of participation was substantial and direct.

    (c) Oral Arguments. During the 5-year period immediately preceding application, the applicant shall have had sole or primary responsibility in at least 5 appellate oral arguments. Where primary responsibility is used to meet this requirement, the applicant shall specifically identify any co-counsel and demonstrate to the satisfaction of the appellate practice certification committee that the applicant's level of participation was substantial and direct. For good cause shown, the appellate practice certification committee may waive this requirement in particular instances.

    (d) Education. During the 3-year period immediately preceding the filing of an application, the applicant shall demonstrate completion of 45 credit hours of approved continuing legal education for appellate practice certification. Accreditation of educational hours shall be subject to policies established by the appellate practice certification committee or the board of legal specialization and education.

    (e) Peer Review.

        (1) The applicant shall submit the names and addresses of at least 4 lawyers, who are neither relatives nor current associates or partners, as references to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers shall be involved in appellate practice and familiar with the applicant's practice.

        (2) The applicant shall submit the names and addresses of at least 2 judges before whom the applicant has appeared on appellate matters within the last 2 years to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism.

        (3) The appellate practice certification committee may, at its option, send reference forms to other attorneys and judges.

    (f) Examination. Every applicant must pass an examination designed to demonstrate sufficient knowledge, proficiency and experience in appellate practice--including the recognition, preservation, and presentation of trial error, and knowledge and application of the rules of appellate procedure applicable to state and federal appellate practice in Florida--to justify the representation of special competence to the legal profession and public.