Certification
Generally:
To be
eligible for certification, an attorney must have been
engaged in the practice of law in the area in which
certification is sought for a minimum of 25% of the time
the attorney has spent in occupational endeavors during
the previous five years and be an active member of the
State Bar of California. In addition, an attorney must
pass a written exam, demonstrate a high level of
experience in the specialty field by meeting specific
task and experience requirements, complete at least 45
hours of continuing education in the specialty field and
be favorably evaluated by other attorneys and judges
familiar with the attorney’s work.
Specialists
must re-certify every five years by continuing to meet
education and task and experience requirements but are
not required to take the exam again unless they choose
to do so in lieu of completing the education
requirement.
The Legal
Specialization Program is completely self-funded by fees
collected from applicants, specialists, education
providers and accredited organizations.”
Certification
of Family Law Specialists:
1.0
Definition
Family
law is the practice of law dealing with all aspects of
the California Family Code and including, but not
limited to, the following: taxation issues incident to
family law practice; contempt; enforcement proceedings;
mediation and/or negotiation of family law disputes;
psychological and counseling aspects of family law;
family law writ and appellate practice; post-marital
agreements; non-marital domestic relationships; child
custody in any forum; and public enforcement of child
support.
2.0 Task
Requirement For Certification
2.1 An
applicant must demonstrate that within the five (5)
years immediately preceding the initial application, he
or she has been substantially involved in the practice
of family law, which shall include actual experience in
each of the following areas:
2.1.1
Restraining orders/domestic violence proceedings;
2.1.2
Dissolution of marriage, legal separation, or nullity of
marriage litigation;
2.1.3
Custody of children;
2.1.4
Child support;
2.1.5
Spousal support;
2.1.6
Modification of support;
2.1.7
Division of community property;
2.1.8
Confirmation of separate property;
2.1.9
Taxation issues incident to dissolution of marriage;
2.1.10
Contempt and/or enforcement proceedings;.
2.1.11
Mediation and/or negotiation of family law disputes; and
2.1.12
Psychological and counseling aspects of dissolution of
marriage.
2.2 A
prima facie showing of substantial involvement in the
area of family law is made by completion of at least
four (4) of the following five (5) categories:
2.2.1
Principal counsel in twenty (20) contested family law
hearings involving one or more issues set forth in
section 2.1, submitted to a court for a decision;
2.2.2
Principal counsel in five (5) hearings or trials under
the California Family Code which are within the
definition of family law in section 1.0 of these
standards, and which are three (3) hours or more in
length and involve testimony of witnesses; or other
alternative task and experience which the advisory
commission deems to substantially comply with the
foregoing task and experience requirement, including but
not limited to:
2.2.2.1
Evidentiary hearings or trials in other practice areas;
2.2.2.2
Sitting as pro tem judge or arbitrator in contested
hearings or trials under the California Family Code or
within the definition of family law in section 1.0 of
these standards;
2.2.2.3
Successful completion of a recognized trial advocacy
program that conforms to guidelines developed by the
Family Law Advisory Commission;
2.2.3
Principal counsel in a minimum of thirty (30) negotiated
family law judgments or negotiated marital settlement
agreements;
2.2.4
Principal counsel in thirty (30) stipulated temporary
family law orders; or
2.2.5
Principal counsel and principal author of the briefs in
three (3) California family law appeals in which an
opinion was filed.
Principal
counsel is the attorney who spends a majority of the
time on a case in the activities of preparation, review,
filing and representing a client at an interview or
hearing. There can be only one principal counsel per
case.
3.0
Educational Requirement For Certification
An
applicant must show that, within the three (3) years
immediately preceding the application for certification,
he or she has completed not less than forty-five (45)
hours of educational activities specifically approved
for family law as follows:
3.1 Not
less than nine (9) hours in the areas of dissolution of
marriage, contempt and/or enforcement, or mediation
and/or negotiation of family law disputes;
3.2 Not
less than six (6) hours in the area of custody of
children;
3.3 Not
less than nine (9) hours in the areas of child support,
spousal support, or modification of support;
3.4 Not
less than twelve (12) hours in the areas of division of
community property, confirmation of separate property,
or taxation issues incident to dissolution of marriage;
3.5 Not
less than six (6) hours in the area of psychological and
counseling aspects of dissolution of marriage; and
3.6 Not
more than three (3) hours in the following areas:
3.6.1
Paternity litigation,
3.6.2
Adoption litigation,
3.6.3
Problems of the non-marital family,
3.6.4
Writs and appeals from dissolution of marriage, legal
separation or nullity of marriage litigation,
3.6.5
Proceedings to free a minor from the custody and control
of parent(s),
3.6.6
Problems of domestic violence;
3.6.7
Guardianships of the person or children, and
3.6.8 Law
office management of a family law practice.
4.0 Task
Requirement For Re-certification
4.1 An
applicant for re-certification must show that during the
current five (5) year certification period he or she has
participated in a total of fifty (50) of the following
proceedings in any combination:
4.1.1
Contested hearings or trial proceedings under the
California Family Code, or within the definition of
family law, section 1.0 of these standards, which are
three (3) hours or more in length and involving
testimony of witnesses.
4.1.2
Negotiated or mediated family law judgments, property
settlement agreements, marital settlement agreements,
stipulated temporary or post judgment orders and/or
stipulated appeal settlements;
4.1.3
Acted as mediator, arbitrator, evaluator, or special
master in any of the proceedings delineated in section
1.0 of these standards.
4.2
Compliance with the foregoing requirements may be
demonstrated, in the discretion of the Commission, by
sworn statement that the applicant has engaged in the
practice of family law substantially to the same extent
as described in the application for original
certification.
5.0
Alternative To Task Requirement For Re-certification
As an
alternative to the task requirements listed in section
4.0 above, an applicant may qualify by completing any of
the following:
5.1
One-half (1/2) day superior court family law pro tem
judge service in contested hearings or trials shall be
the equivalent of two (2) contested hearings or trials;
5.2
Teaching a minimum of fifty (50) actual hours of
educational programs approved by the Commission shall be
the equivalent of fifteen (15) contested hearings or
trials;
5.3
Preparation of a case for contested proceedings under
the California Family Code or within the definition of
family law, Section 1.0 of these standards, shall be
equivalent to a contested hearing or trial;
5.4
Acting as principal counsel and principal author of the
pleadings and briefs in twelve (12) appeals and/or writs
filed with a Court of Review, involving proceedings
under the California Family Code or within the
definition of family law, section 1.0 of these
standards;
5.5
Acting as principal counsel and principal author of the
pleadings and briefs in one appeal and/or writ filed
with a Court of Review, involving proceedings under the
California Family Code or within the definition of
family law, section 1.0 of these standards, shall be the
equivalent of four (4) contested hearings or trials.
6.0
Educational Requirement For Re-certification
An
applicant for re-certification must show that during the
current five (5) year certification period he or she has
completed not less than sixty (60) hours of educational
activities specifically approved for family law , of
which not less than six (6) nor more than ten (10) hours
shall be in psychological and counseling aspects of
family law.
