§ Rule 6-23.4 Recertification
Rule 6-23.4. Recertification
Recertification shall be pursuant to the following standards:
(a) Substantial Involvement. The applicant shall demonstrate continuous and substantial involvement in labor and employment law throughout the period since filing the last application for certification. Substantial involvement means the applicant has devoted 50 percent or more of the applicant's practice to matters in which issues of labor and employment law are significant factors and in which the applicant had substantial and direct participation in those labor and employment law issues. An applicant must furnish information concerning the frequency of the applicant's work and the nature of the issues involved. Demonstration of this requirement shall be made initially through a form questionnaire approved by the labor and employment law certification committee, but written or oral supplementation may be required.
(b) Experience. The applicant shall have 25 days of involvement in contested matters involving labor and employment law issues throughout the period since filing the last application for certification. Applicants must have acted as the primary attorney, judge, hearing officer, arbitrator, or mediator in litigation and/or administrative proceedings concerning labor and employment law issues, including, but not limited to evidentiary hearings, arbitrations, collective bargaining, representing clients in relation to governmental agencies, mediations, court hearings, taking depositions, and oral arguments, throughout the period since filing the last application for certification. Any such proceeding lasting less than 8 hours, but more than 5 hours, shall be credited as a full day. Any such proceeding lasting less than 4 hours, but at least 1 hour, shall be credited as a half day.
Direct supervision of attorneys engaged in contested matters, as defined above, may be considered in determining compliance with this requirement.
(c) Education. The applicant shall complete no less than 75 hours of continuing legal education in the area of labor and employment law, since filing the last application for certification. Credit for attendance at continuing legal education seminars shall be given only for programs that are directly related to labor and employment law. The board of legal specialization and education or the labor and employment law certification committee shall establish policies applicable to this rule. The education requirement may be satisfied by 1 or more of the following:
(1) attendance at continuing legal education seminars in labor and employment law;
(2) lecturing at continuing legal education seminars in labor and employment law;
(3) authoring articles, books, or other professional publications on labor and employment law;
(4) teaching courses in labor and employment law at an accredited law school or other graduate-level program presented by a recognized professional education association;
(5) completing such home study programs as may be approved by the board of legal specialization and education or the labor and employment law certification committee, subject to the limitation that no more than 50 percent of the required number of hours of education may be satisfied through home study programs; or
(6) such other methods as may be approved by the board of legal specialization and education and the labor and employment law certification committee.
If the applicant has not attained 75 hours, successful passage of the examination given to new applicants for certification shall satisfy this requirement.
(d) Peer Review. The applicant shall submit the names and addresses of at least 3 attorneys and at least 1 judge, arbitrator, mediator, or administrator before whom the attorney has appeared or practiced since the last application for certification. The references may not include lawyers who currently practice in the applicant's law firm. Each reference must attest to the applicant's reputation for special competence and substantial involvement in the field of labor and employment law, as well as the applicant's character, ethics, and reputation for professionalism.
(e) Waiver of Compliance. For an applicant who has been continuously certified as a labor and employment lawyer for a period of 14 years or more, the labor and employment law certification committee may waive compliance with either the experience or substantial involvement criterion for recertification, for good cause shown and provided the applicant has complied with all other requirements for recertification.