Standards For Certification Of Lawyers Specializing In Real Estate
(as revised 4/18/97)

Pursuant to the authority vested in the Arizona Board of Legal Specialization (the "BLS") by the Board of Governors of the State Bar of Arizona, the BLS prescribes the following standards and requirements for certification of lawyers specializing in real estate law in accordance with the Rules and Regulations of the Arizona Board of Legal Specialization established by the Board of Governors.

No provision herein contained shall in any way limit the right of a lawyer certified as specializing in real estate law to practice law in all fields or to act as counsel in every type of legal matter. Any lawyer, alone or in association with any other lawyer, shall have the right to practice in all fields of law, even though the lawyer is certified as specializing in real estate law.

No lawyer shall be required to be certified as specializing in real estate law before they can practice law in the field of real estate law or act as counsel in any particular type of real estate matter. Any lawyer, alone or in association with any other lawyer, shall have the right to practice in the field of real estate law, even if the lawyer is not certified as specializing in real estate law.

The Board of Legal Specialization is committed to promoting racial, ethnic, and gender diversity and to assuring the rights of the disabled within all Board of Legal Specialization programs, committees, and activities, and will periodically monitor all existing programs, committees, and activities for compliance with the goal of diversity and with assurance of the rights of the disabled in every aspect of the Board of Legal Specialization.

I. GENERAL REQUIREMENTS.

A. Active Member of State Bar. An applicant for certification as a lawyer specializing in real estate law 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 Real Estate Advisory Commission, and to comply with all Rules and Regulations of the Arizona Board of Legal Specialization.

C. Recommendation by Real Estate Advisory Commission. An applicant shall be recommended to the BLS for certification as a lawyer specializing in real estate law when the applicant is found to have complied with the applicable standards by not less than five members of the Real Estate Advisory Commission.

D. Expiration of Certification. A certificate of 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 real estate law for any reason specified in the Rules and Regulations of the Arizona Board of Legal Specialization, including but not limited to advice from the Real Estate Advisory Commission that the certified lawyer no longer meets the criteria for substantial involvement in the field of real estate law as set forth in Section II(B) hereof.

F. Fees. Every applicant shall pay such application and testing fees as may be prescribed by the BLS.

II. STANDARDS FOR CERTIFICATION.

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 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) equivalent to at least 50% of a full-time practice.

B. Substantial Involvement in Real Estate Law. An applicant shall make a satisfactory showing, as determined by the BLS in accordance with objective and verifiable standards, based upon advice of the Real Estate Advisory Commission of substantial involvement in the field of real estate law during at least four of the preceding six years, including the year immediately preceding his or her application. This can be shown by providing such information as may be required by the BLS including but not limited to, peer review and evidence of special competence and experience.

For purposes hereof, substantial involvement in the field of real estate shall mean the engagement by the applicant in legal service (as defined in Section I of the Rules and Regulations of the Board of Legal Specialization) equivalent to at least 50% of a full-time practice, in the course of which the lawyer has annually devoted not less than 40% of a full-time practice to matters in which issues of real estate are significant factors, including the following:

1. Leases and options, residential and commercial.
2. Eminent domain.
3. Zoning.
4. Red estate securities.
5. Real estate finance.
6. Foreclosure and forfeiture proceedings.
7. Real estate title examinations.
8. Horizontal property regimes.
9. Real estate transactions, including real estate purchase contract, title examinations, title insurance, conveyances and escrows.
10. Agency and fiduciary relationships relating to the other categories listed herein.
11. Real-Estate related litigation.
12. Real Estate Taxation.
13. Water law.
14. Mineral rights.
15. Subdivision law.

An applicant shall demonstrate substantial involvement in the field of real estate by furnishing the BLS with information regarding the nature of the legal services in which the applicant has been engaged and identifying the types of issues of real estate with which the applicant has dealt and the frequency of involvement therewith. Such demonstration shall be made initially through completion by the applicant of a form of questionnaire approved by the BLS, but written or oral supplementation may be required.

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 real estate law. The required degree of competence is substantially higher than that possessed by a general practitioner who regularly handles a real estate matter. For purposes hereof, a high degree of competence shall meet the following standards:

Legal competence is measured by the extent to which an attorney (1) is specifically knowledgeable about the fields of law in which they practice, (2) performs the techniques of such practice with skill, (3) manages such practice efficiently, (4) identifies issues beyond their 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 Real Estate Advisory Commission. The Real Estate 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 Real Estate Specialists shall be 15 hours per year in one or more seminars, including three hours in professional responsibility. Credit for other educational activities may be granted by the BLS as specified in the Rules and Regulations of the Arizona Board of Legal Specialization, Section VIII.B.

III. STANDARDS FOR RE-CERTIFICATION

For the purposes of re-certification, the term "substantial involvement" shall mean engagement by the applicant in legal service equivalent to at least 50% of a full-time practice, in the course of which the lawyer has annually devoted at least 40% of a full-time practice to matters in which issues of real estate are significant factors. These services shall be detailed on an application form, showing the nature of the legal services in which the attorney has been engaged in the past five years, and identifying the types of issues of real estate with which the applicant has dealt and the frequency of involvement therewith. Formal written examination for re-certification, where there has been no break in certification, shall not be required.