A.    Active Member of State Bar. An applicant for certification as a lawyer specializing in injury and wrongful death litigation shall be an active member in good standing of the State Bar of Arizona.

B.    Application. An applicant shall be required to complete an application in a form prescribed by the BLS, to furnish such additional and supplemental information as may be required by the BLS or the Injury and Wrongful Death Litigation Advisory Commission, and to comply with all applicable Rules and Regulations of the Arizona Board of Legal Specialization.

C.    Recommendation by Injury and Wrongful Death Litigation Advisory Commission. An applicant shall be recommended to the BLS for certification as a lawyer specializing in injury and   wrongful death litigation when the applicant is found to have complied with the applicable standards by not less than five members of the Injury and Wrongful Death Litigation Advisory Commission.

D.    Expiration of Certification. Certification shall expire five years after the date thereon; provided, however, that if timely application for renewal of certification is made as provided under the Rules and Regulations of the Arizona Board of Legal Specialization, the certificate shall remain in effect until the BLS has acted upon the renewal application. Renewal of certification shall be required every five years.

E.     Revocation of Certification. The BLS may revoke the certification of a lawyer recognized as specializing in injury and wrongful death litigation for any reason specified in the Rules and Regulations of the Arizona Board of Legal Specialization, including but not limited to advice from the Injury and Wrongful Death Litigation Advisory Commission that the certified lawyer no longer meets the criteria for substantial involvement in the field of injury and wrongful death litigation as set forth in Section 11(B) hereof.

F.     Fees. Every applicant must pay such application and testing fees as may be prescribed by the Board of Legal Specialization.

A.    Required Period of Law Practice. An applicant shall have been admitted to the practice of law for a minimum of five years, of which a minimum of two years immediately preceding the application must have been in practice of law within the State of Arizona, and after such admission shall have engaged in legal service (as defined in Section I of the Rules and Regulations of the Board of Legal Specialization) on a annual basis equivalent to at least 50% of a full-time practice.

B.    Substantial Involvement in Injury and Wrongful Death Litigation. An applicant shall make a satisfactory showing, as determined by the BLS in accordance with objective and verifiable standards, based upon advice of the Injury and Wrongful Death Litigation Advisory Commission, of substantial involvement in the field of injury and wrongful death litigation.

For purposes hereof, “litigation” is defined to be legal representation in any dispute where a trial or other evidentiary hearing on the merits might ultimately be necessary whether by a court, with or without a jury, or by other alternative method of dispute resolution such as arbitration.

For purposes hereof, “injury and wrongful death” matters are defined to be legal representation of claimants or defendants with regard to injury and wrongful death claims arising out of vehicular collisions, medical malpractice, premises defects, product failures, aircraft crashes, or any other area of tort law involving physical and/or mental injuries and damages.

For purposes hereof, “substantial involvement” shall mean that, at the time of making application hereunder, an applicant meets all the following standards:

1.     Within four of the six years immediately preceding the application the applicant has been engaged in active law practice with injury and wrongful death litigation as a substantial focus. “Active law practice” is defined to mean that at least 1,000 hours per year is devoted to injury and wrongful death litigation, and at least 50% of those hours involve Arizona injury and wrongful death matters.

2.        The applicant has achieved a score of 180 points or more on the attached Injury and Wrongful Death Questionnaire and Tally Sheet.

C.    Competence and Integrity. An applicant must demonstrate honesty, integrity, professionalism as defined by the Lawyer’s Creed of Professionalism of the State Bar of Arizona, and a high degree of competence in the practice of injury and wrongful death litigation. The required degree of competence is substantially higher than that possessed by a general practitioner who regularly handles an injury or wrongful death litigation matter. For purposes hereof, a “high degree of competence” shall meet the following standards:

1.     That the applicant demonstrate a substantially complete knowledge of substantive law and rules of practice, procedure, evidence and ethics pertaining to injury and wrongful death litigation;

2.     That the applicant demonstrate a high degree of skill, thoroughness, preparation, effectiveness, professionalism and judgment in the field of injury and wrongful death litigation; and

3.     That the applicant satisfactorily completes a written examination in the topics specified in paragraphs (1) and (2) above. This examination shall be given at least once each calendar year at a date, time and location determined by the Injury and Wrongful Death Advisory Commission. The test and its grading criteria shall be formulated at the direction of the Advisory Commission and approved by the Board of Legal Specialization.

4.     That the applicant demonstrate a substantially complete knowledge of and a high degree of skill in the use of alternative dispute resolution as it applies in the field.

Legal competence is measured by the extent to which an attorney (1) is specifically knowledgeable about the fields of law in which the attorney practices, (2) performs the techniques of such practice with skill, (3) manages such practice efficiently, (4) identifies issues beyond his or her competence relevant to the matter undertaken, bringing these to the client’s attention, and (5) properly prepares and carries through the matter undertaken.

D.    References. With each application, the applicant will submit the names of at least five Arizona attorneys who practice in the field or judges before whom the applicant has appeared, familiar with the applicant’s practice, and not including current partners or associates. The Advisory Commission will select at least five additional Arizona lawyers, judges, or qualified professionals as references from cases/matters/projects submitted by the applicant to demonstrate substantial involvement. The references will be requested to provide written comments concerning the applicant not only on such specific topics as knowledge, skill, thoroughness, preparation, effectiveness, and judgment, but also concerning the applicant’s ethics and professionalism.

Names of applicants will be published in a State Bar of Arizona publication, providing an opportunity for comment, at least 30 days before consideration of applications by the Advisory Commission. Reference names supplied by the applicant shall not include members of the Board of Legal Specialization or Injury and Wrongful Death Advisory Commission. The Injury and Wrongful Death Advisory Commission may also consult other sources. Documentation of all matters and comments considered by the Advisory Commission shall be contained in the applicant’s file.

E.     Continuing Legal Education Requirements. Continuing legal education requirements for attorneys certified as Injury and Wrongful Death Litigation Specialists shall be met by attending one or more programs, which should consist of 15 hours per year in substantive law and or technique seminars, including three (3) hours of professional responsibility. Credit for other educational activities may be granted by the Board as specified in the Rules and Regulations, Section VIII.B.

1. For questions, please contact Marnie Leinberger at Marnie.Leinberger@staff.azbar.org, or 602-340-7327.