Becoming Board Certified In Family Law, Texas Style

Board certification in family law is a mark of distinction that reflects a lawyer's commitment to excellence in this specific practice area. In Texas, board certification is a voluntary recognition established by the Supreme Court of Texas in 1974. The Texas Board of Legal Specialization (TBLS) oversees the certification process for family law attorneys, among other legal specialties. The process is rigorous, ensuring that only highly qualified attorneys receive this prestigious recognition. To become board certified, attorneys must meet several requirements, including active practice, continuing legal education, peer review, and passing a comprehensive examination. This article will explore the steps and benefits of becoming board certified in family law in Texas.

Texas Board of Legal Specialization

The Texas Board of Legal Specialization (TBLS) is the largest single-state certification program for lawyers in the United States. It was formed in 1974 by the State Bar of Texas with the passage of the Texas Plan for Recognition and Regulation of Specialization of Law. The TBLS is under the oversight of the Texas Supreme Court.

The board is comprised of 12 members, appointed by the president of the Bar to three-year terms. Some members are specialists, while others are of general practice.

The TBLS certifies lawyers in 21 areas of practice, including family law. To become board certified as a family law attorney, the following standards must be met:

• Practice law full time for at least five years as an active member of the State Bar of Texas.
• Have at least three years of family law experience with a yearly minimum of 35% substantial involvement with family law matters.
• Participate in a specific number of contested final trials, court appearances, civil trials, appeals, and represented parties in mediation matters.
• Provide at least 10 qualified references for peer evaluation, including five attorneys and one judge.
• Complete 60 hours of TBLS-approved continuing legal education in family law.
• Meet all of the TBLS Standards for Attorney Certification.
• Pass a comprehensive six-hour examination in family law.

The exam covers various topics, including:

• Establishing or contesting the validity of a marriage
• Establishing legal and procedural requirements for family law cases, including jurisdiction and venue
• Determining or contesting parentage
• Terminating parental rights
• Negotiating and drafting settlement agreements
• Trial of family law cases
• Appeals and bills of review in family law cases
• Protective orders and family violence
• State statutes involving harmful access by computer, and federal and state wiretapping laws
• HIPAA, COBRA, and the Texas Medical Records Privacy Act
• The Texas Disciplinary Rules of Professional Conduct

Application and examination process

The certification process for attorneys who want to become board certified in family law in Texas involves two steps: the application and the examination.

Application Process

To be eligible to apply for board certification in family law, attorneys must meet the following minimum requirements:

• Be licensed to practice law for at least five years.
• Devote a minimum of 35% of their time to family law practice for at least three years.
• Participate in a specific number of contested final trials, court appearances, civil trials, appeals, and mediations.
• Provide at least five references from judges and other attorneys who can attest to their competence in family law.
• Complete 60 hours of Texas Board of Legal Specialization (TBLS)-approved continuing legal education in family law.

The application process is extremely detailed, requiring information on other attorneys involved in cases, mediation dates, property values, and final dispositions.

Examination Process

Once the application is approved, the attorney can sit for the board certification examination. The exam is a comprehensive, six-hour written test that covers various aspects of family law, including:

• Establishing or contesting the validity of a marriage.
• Determining jurisdiction, venue, and transfer of cases involving dissolution of marriage and modification.
• Establishing legal and procedural requirements for family law cases, including Supreme Court cases dealing with the right to marriage.
• Determining or contesting parentage.
• Terminating parental rights.
• Negotiating and drafting settlement agreements, including Rule 11, Mediated Settlement Agreements, and Informal Settlement Agreements.
• Trial of family law cases.
• Appeals and Bills of Review in family law cases.
• Protective orders and family violence, including Chapter 25 of the Texas Penal Code.
• State statutes involving harmful access by computer, federal and state wiretapping laws, unlawful access to stored communications, and breach of computer security.
• Online impersonation (Texas Penal Code Section 33.07).
• HIPAA, COBRA, and "The Texas Medical Records Privacy Act."
• The Texas Disciplinary Rules of Professional Conduct (TDRPC).

Experience and education requirements

To become board certified in family law in Texas, a lawyer must meet the following experience and education requirements:

Experience Requirements:

• Active Practice: Applicants must be actively engaged in the practice of law for a specified number of years and provide proof of their experience in various types of hearings and trials. Specifically, they must have at least five years of experience, with at least three years devoted to family law.
• Family Law Experience: Applicants must have at least three years of family law experience, with a yearly minimum of 35% substantial involvement with family law matters. This includes handling a wide variety of family law cases, such as divorce, child custody, spousal support, prenuptial agreements, and property division.
• Participation in Trials and Court Appearances: Applicants must have participated as lead counsel in a specific number of contested final trials, court appearances, civil trials, appeals, and mediation matters. This includes participating in at least nine contested trials or binding arbitrations regarding family law matters and at least 30 contested family law matters that were finalized without a trial.
• Jury Trials, Appeals, and Mediations: Applicants must satisfy at least two of the following three requirements: participating in two jury trials, with at least one involving family law; handling an appeal and filing a brief as lead counsel in a family law matter; or representing a party or serving as a mediator in at least 25 family law mediations.
• Qualified Vetted References: Applicants must provide at least ten qualified references for peer evaluation, including references from judges and other attorneys who can attest to their competence in family law. Specifically, five references should be substantially involved in the practice of family law, including four other attorneys and one judge. The additional five references can be a mix of judges and attorneys.

Education Requirements:

• Continuing Legal Education: Candidates must complete a significant amount of continuing legal education in family law. Specifically, they must complete 60 hours of TBLS-approved continuing legal education in family law within the preceding three years, with a maximum of 30 hours per year.
• Examination: Applicants must pass a comprehensive 6-hour written examination that covers various aspects of family law, including marriage, divorce, child custody, property division, and relevant state and federal laws.

Maintaining certification

Maintaining board certification in Texas requires ongoing commitment to continuing legal education and involvement in the field of practice. Board-certified lawyers in Texas must attend continuing legal education (CLE) courses and show continuing involvement in their field of practice to retain their certification. This requirement ensures that board-certified attorneys remain up to date with the latest developments in their area of law and actively contribute to their field.

The specific requirements for maintaining certification may vary depending on the particular specialty area and the certifying board's guidelines. However, as an example, the Texas Board of Legal Specialization (TBLS) has certain standards that board-certified attorneys must adhere to. These standards include:

• Attending ongoing CLE courses relevant to their specialty area. The number of hours and specific topics may be specified by the certifying board.
• Demonstrating continuing involvement in the field of practice. This may include handling a certain number of cases, participating in trials or hearings, or engaging in other activities related to their specialty area.
• Complying with any ethical and professional conduct standards set by the certifying board. This may include disclosing any disciplinary sanctions, ethical violations, or criminal charges.
• Paying any required fees and maintaining membership in good standing with the certifying board.
• Completing any additional requirements specified by the certifying board, such as participating in mentorship programs, contributing to legal scholarship, or engaging in pro bono work.

It is important to note that the requirements for maintaining board certification may change over time, and attorneys should refer to the most up-to-date information provided by their specific certifying board. By fulfilling these requirements, board-certified attorneys in Texas can ensure that they maintain their specialised knowledge and skills, providing their clients with the highest level of expertise and service.

Benefits of board certification

Board certification in family law in Texas is a prestigious recognition that highlights an attorney's exceptional skills and dedication to their practice area. The rigorous requirements and commitment to ongoing education ensure that board-certified family law attorneys are well-equipped to handle complex legal issues.

Expertise and Confidence for Clients

Board certification signifies a higher level of expertise and specialised knowledge in family law, ensuring that clients' cases are handled with precision. This recognition gives clients confidence that they are in capable hands, reducing stress during legal proceedings.

Commitment to Excellence

The certification reflects a lawyer's commitment to excellence in family law, demonstrating their knowledge, skills, and experience in handling complex cases effectively. It shows that an attorney has the necessary understanding of all aspects of marriage dissolution, including conservatorship, child support, marital property, and related laws.

Recognition and Prestige

With only about 7,200 to 7,450 out of over 90,000 to 100,000 Texas attorneys earning board certification, this recognition sets lawyers apart. It showcases their exceptional skills and experience in family law, making them sought-after specialists in their field.

Networking and Professional Development

Board certification provides opportunities for professional development and networking. Organisations like the Texas Academy of Family Law Specialists (TAFLS) offer networking and skill-improvement opportunities for board-certified family law attorneys.

Ethical Practice

The certification process includes a conduct evaluation, ensuring ethical and professional behaviour from attorneys. This evaluation includes disclosures of disciplinary sanctions, criminal conduct, malpractice suits, and more, promoting integrity in the legal profession.

Frequently asked questions