BOARD OF LEGAL SPECIALIZATION - WORKERS' COMPENSATION

Standards For Certification Of Lawyers Specializing In Workers' Compensation Law
(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 workers' compensation 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 workers' compensation 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 workers' compensation law.

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

The BLS 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 BLS.

I. GENERAL REQUIREMENTS.

A. Active Member of State Bar. An applicant for certification as a lawyer specializing in workers' compensation 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 Workers' Compensation Advisory Commission, and to comply with all applicable Rules and Regulations of the Arizona Board of Legal Specialization.

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

D. Expiration of Certification. A certificate of legal specialization shall expire five (5) 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 workers' compensation 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 Workers' Compensation Advisory Commission that the certified lawyer no longer meets the criteria for substantial involvement in the field of workers' compensation 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 in the 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 Arizona Board of Legal Specialization) on a annual basis equivalent to at least 50% of a full-time practice.

B. Substantial Involvement in Workers' Compensation 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 Workers' Compensation Advisory Commission, of substantial involvement in the field of workers' compensation law.

For purposes hereof, "substantial involvement in the field of workers' compensation law" shall mean that at the time of making application hereunder, an applicant meets any one of the following standards:

1. Employment equivalent to at least 50% of a full-time practice as an attorney for the State Compensation Fund or as an attorney or administrative law judge for the Industrial Commission of Arizona for each of the three years immediately prior to making application.
2. Has devoted approximately 50% of a full-time practice per year to matters where the primary issue involved is a person's entitlement to benefits under the Arizona Workers' Compensation Act.
3. Has appeared personally as the attorney for a party in hearings before the Industrial Commission of Arizona in at least 24 cases per year, that were litigated on the merits to a conclusion.

An applicant shall fulfill the requirement of "substantial involvement in the field of workers' compensation law" by complying with any one of the preceding three standards during four of the preceding six years, including the year immediately preceding his or her application, except that as to an applicant seeking to qualify solely under Standard 1), a three-year period immediately prior to making application shall be sufficient.

An applicant shall demonstrate substantial involvement in the field of workers' compensation law 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 workers' compensation law with which the applicant has dealt and the frequency of his or her 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 workers' compensation law. The required degree of competence is substantially higher than that possessed by a general practitioner who regularly handles a workers' compensation 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 workers' compensation law;
2. That the applicant demonstrate a high degree of skill, thoroughness, preparation, effectiveness, professionalism and judgment in the field of workers' compensation law; and,
3. That the applicant satisfactorily complete 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 Workers’ Compensation 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 workers’ compensation law or administrative law judges before whom the applicant has appeared, familiar with the applicant's practice, and not including current partners or associates. The Workers’ Compensation Advisory Commission will select at least five additional Arizona lawyers, administrative law 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 Workers’ Compensation Advisory Commission. Reference names supplied by the applicant shall not include members of the Board of Legal Specialization or the Workers’ Compensation Advisory Commission. The Workers' Compensation 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 Workers' Compensation 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, Section VIII.B.

III. STANDARDS FOR RE-CERTIFICATION

For the purposes of re-certification, the applicant shall continue to meet the criteria of Sections II(B)(1), (2), or (3) hereof. These services shall be detailed on an application form, showing the nature of legal services in which the applicant has been engaged in the past five years, and identifying the types of workers’ compensation issues with which the applicant has dealt and the frequency of involvement therewith. Formal written examination for recertification, where there has been no break in certification, shall not be required.