Becoming A Family Law Specialist: California Certification

If you're considering a career as a Certified Family Law Specialist in California, you'll need to meet certain requirements. Family law is a complex and emotionally charged area of legal practice, dealing with issues like divorce, child custody, and domestic violence. To become a specialist in this field, you must be an attorney who has been certified by the State Bar of California Board of Legal Specialization, also known as a CFLS. This certification is a rigorous process that ensures you have the necessary experience and expertise to handle a wide range of family law matters.

Education and experience requirements

To become a certified family law specialist in California, you must meet the following education and experience requirements:

First, you must be an active member in good standing of the State Bar of California. This is a prerequisite for certification. Additionally, you must demonstrate substantial experience in the field of family law. This typically translates to five years of experience, during which you must demonstrate actual experience in various areas of family law, including dissolution of marriage, legal separation, division of community property, confirmation of separate property, taxation issues, contempt and/or enforcement proceedings, modification of support, restraining orders/domestic violence proceedings, custody of children, and psychological and counseling aspects of dissolution.

The attorney can demonstrate substantial involvement in family law by meeting at least four of the following five categories:

• Serving as principal counsel and principal author of the briefs in three California family law appeals resulting in filed opinions
• Negotiating and finalizing a minimum number of family law judgments or marital settlement agreements as principal counsel
• Acting as principal counsel in specific types of contested family law hearings submitted for a court decision
• Serving as principal counsel in stipulated temporary family law orders
• Functioning as principal counsel in a certain number of hearings or trials under the California Family Code, lasting at least three hours and involving witness testimony

Alternatively, the attorney can demonstrate substantial involvement through other approved means, such as completing a recognized trial advocacy program, serving as a pro tem judge or arbitrator in contested hearings, or participating in evidentiary hearings or trials in other practice areas.

In addition to experience requirements, you must also complete specified approved legal education requirements applicable to the family law field. This includes fulfilling ongoing legal education requirements and earning a minimum number of hours in various family law topics, such as dissolution of marriage, contempt and enforcement, mediation and negotiation, custody of children, child and spousal support, modification of support, division of community property, confirmation of separate property, taxation issues, and psychological and counseling aspects of dissolution.

Lastly, you must pass a written examination covering California family law. This examination is similar to a one-day bar exam but focuses solely on family law-related topics.

Written exam

To become a certified family law specialist in California, you must pass a written examination covering California family law. This exam is similar to a one-day bar exam but covers only family law topics.

The written exam is one of the requirements to become a certified family law specialist, demonstrating proficiency in California family law. Other requirements include substantial experience in family law, completion of specified approved legal education, and a favorable evaluation by judges and other attorneys.

The written exam will cover various aspects of family law, including but not limited to:

• Mediation and negotiation of family law disputes
• Family law writ and appellate practice
• Taxation issues incident to family law practice
• Psychological and counseling aspects of family law
• Post-marital agreements
• Non-marital domestic relationships
• Public enforcement of child support
• Child custody
• Enforcement proceedings

The exam will also likely cover family law procedures and ethics, as well as practical application and analysis of family law scenarios. It is designed to test your knowledge and understanding of the complex and diverse area of family law, ensuring you have the necessary expertise to handle family law matters.

Additionally, the written exam is a one-time requirement, and recertification every five years does not mandate further examination. However, continuing compliance with other standards, such as reporting a specific number of educational hours, is necessary to maintain certification.

Five-year certification

To become a certified family law specialist in California, an attorney must apply for certification from the State Bar of California Board of Legal Specialization. This certification is valid for five years, after which attorneys must apply for re-certification.

To qualify for this certification, an attorney must:

• Be an active member in good standing of the State Bar of California.
• Pass a written examination covering California Family Law.
• Have substantial experience in the field of Family Law.
• Complete specified approved legal education requirements applicable to the Family Law field.
• Be favorably evaluated by judges and other attorneys concerning their knowledge, ability, and experience in the practice of Family Law.

The attorney must demonstrate substantial involvement in family law and complete continuing education requirements in the specialty area. They must also show that they have completed at least 45 hours of educational activities specifically approved for family law, including:

• Nine hours in the areas of dissolution of marriage, contempt, enforcement, or mediation, and/or negotiation of family law disputes.
• Six hours in the area of custody of children.
• Nine hours in the areas of child support, spousal support, or modification of support.
• Twelve hours in the areas of division of community property, confirmation of separate property, or taxation issues incident to the dissolution of marriage.
• Six hours in the area of psychological and counseling aspects of dissolution of marriage.
• Three hours in the following areas: writs and appeals from the dissolution of marriage, legal separation or nullity of marriage litigation, problems of the non-marital family, adoption litigation, problems of domestic violence, paternity litigation, guardianships of the person or children, and proceedings to free a minor from the custody and control of parents.

Recertification for additional five-year periods does not require further examination but does require reporting 36 hours of educational compliance every three years and continuing compliance with other standards.

Continuing education

To become a certified family law specialist in California, you must complete specified approved legal education requirements in the family law field. This includes demonstrating completion of at least four of the following five categories:

• Serving as principal counsel and principal author of the briefs in three California family law appeals in which an opinion was filed
• Serving as principal counsel in a minimum of negotiated family law judgments or negotiated marital settlement agreements
• Serving as principal counsel in certain types of contested family law hearings submitted to a court for a decision
• Serving as principal counsel in stipulated temporary family law orders
• Serving as principal counsel in five hearings or trials under the California Family Code that are within certain definitions of family law and are three hours or more in length, and involve the testimony of witnesses

Alternatively, the following would also be accepted:

• Successful completion of a recognized trial advocacy program that conforms to guidelines developed by the Family Law Advisory Commission
• Sitting as a pro tem judge or arbitrator in contested hearings or trials under the California Family Code or within a certain definition of family law
• Evidentiary hearings or trials in other practice areas

Additionally, within certain time limits, the attorney must show completion of not less than 45 hours of educational activities specifically approved for family law. This includes:

• Nine hours in the areas of dissolution of marriage, contempt and/or enforcement, or mediation and/or negotiation of family law disputes
• Six hours in the area of custody of children
• Nine hours in the areas of child support, spousal support, or modification of support
• Twelve hours in the areas of division of community property, confirmation of separate property, or taxation issues incident to the dissolution of marriage
• Six hours in the area of psychological and counseling aspects of dissolution of marriage
• No more than three hours in the following areas: writs and appeals from the dissolution of marriage, legal separation or nullity of marriage litigation; problems of the non-marital family; adoption litigation; problems of domestic violence; paternity litigation; guardianships of the person or children; proceedings to free a minor from the custody and control of parent(s); and law office management of a family law practice

Furthermore, attorneys who are certified in family law in California must apply for recertification every five years after the initial certification date. This does not require further examination but does mandate continuing compliance with other standards, such as reporting 36 hours of educational compliance every three years.

Advertising as a specialist

The rules for attorney advertising in California are governed by the California Rules of Professional Conduct, which include Rules 7.1, 7.2, 7.3, 7.4, and 7.5. These rules outline the general requirements that lawyers and law firms must follow when advertising or marketing their services. The rules prohibit any false, deceptive, or misleading information in advertisements, including statements about fees, services, or results. Terms such as "best", "most", and "lowest" are considered deceptive or misleading.

Attorneys in California must also be careful when using terms like "expert", "specialist", or "specialized", which are reserved for board-certified specialists as defined by the rules. While attorneys can state that they are available to practice in certain areas of the law, they typically cannot claim special competence or experience in a specific legal area. It is, however, acceptable to say that the attorney is "focused" on a particular practice area.

Additionally, most attorney advertisements in California must include the name and address of at least one responsible attorney. Written advertisements may also need to include the words "advertisement" or "solicitation". Testimonials, case results, or endorsements must be presented carefully to avoid creating unjustified expectations for potential clients.

It is crucial for attorneys and law firms in California to familiarize themselves with the specific rules and guidelines for advertising as a specialist to ensure compliance and avoid any disciplinary issues.

Frequently asked questions