Certification Matters
Texas Board of Legal Specialization Executive Director Leo Figueroa on how attorneys can distinguish themselves and why it is important.
Interview by Patricia Busa McConnico
Attorneys get sworn-in at a Texas Board of Legal Specialization
ceremony.
The Texas Board of Legal Specialization, or TBLS, one of the largest legal board certification programs in the country, presents many opportunities for Texas attorneys to advance their careers and become distinguished thought leaders in 23 areas of law, including family law, criminal law, oil, gas, and mineral law, and more.
At the request of the State Bar of Texas, the Supreme Court of Texas established TBLS in 1974 to be the only governing board authorized to certify attorneys in legal specialty areas. It serves the public interest and advances quality standards within the legal profession by awarding a certification of special competence to attorneys with demonstrated expertise and knowledge in a specific area of law.
Although the organization has been around for more than four decades, there may be things about TBLS that are not common knowledge. The Texas Bar Journal interviewed TBLS Executive Director Leo Figueroa, who has been certified in civil trial law and personal injury trial law for 24 years and practiced law for more than 30 years before taking the TBLS job in 2016, to learn why certification is important, how to become certified, and what’s on the horizon for TBLS.
Why did you decide to leave your practice to work for the
Texas Board of Legal Specialization?
The opportunity to lead such a great organization as TBLS was
something I couldn’t pass up. Its mission of better serving the public
by certifying attorneys in various specialties is, quite simply, a
fantastic mission and something I truly believe in. After serving
individual clients for over 30 years, I leapt at the opportunity to
give something back to the legal profession and the public as a
whole. TBLS board certified attorneys are providing outstanding legal
services for their clients and the Texas justice system.
There are a variety of ways for attorneys to distinguish
themselves. Why should they consider board certification?
Board certification is an objective measure of an attorney’s
professional
experience, competence, and skill in a particular area of
law. It is an achievement that matters to potential clients, fellow
lawyers, and the judiciary. More and more Texas attorneys are seeing
the value of board certification, evident by the recent rollout of
our new specialty areas—construction law, child welfare law, and
property owners association law—as well as the increased number
of applicants in recent years. As legal areas get more complex and
competitive, board certification helps to set attorneys apart.
How many Texas attorneys are board certified?
There are more than 100,000 active State Bar of Texas members
and more than 7,300 who are board certified. Because several
board certified attorneys are certified in more than one specialty
area, the total number of active certifications is more than
8,400.
What are common misperceptions attorneys have about
TBLS and its board certification program?
Although a good number of attorneys generally understand
TBLS and board certification, there are a few misperceptions
that come to mind. For instance, becoming board certified
does not cause your malpractice premiums to increase. In
addition, becoming board certified and maintaining certification
is not that expensive when compared with price
increases in other areas. TBLS has maintained the same fee
level for applications and annual examinations and recertifications
for more than seven years.
What were the first specialty areas to be recognized and
when?
What was the most recent area and when?
In 1975, the first criminal, family, and labor law certifications of
special competence were awarded to 319 Texas attorneys. Today,
the TBLS program encompasses 23 different specialty areas.
In terms of new areas, construction law officially rolled out last year, which had one of the highest numbers of new board certified attorney groups of an inaugural specialty in TBLS history. Also, child welfare law and property owners association law were approved as specialty areas this year by the TBLS Board of Directors and Texas Supreme Court. These new specialty areas have long been requested and are expected to have significant interest when applications roll out in 2018.
Which area has the largest
number of attorneys who are
board certified?
Personal injury trial law has
consistently been our largest
group of board certified attorneys.
Our other large groups
include civil trial, criminal, family,
estate planning and probate,
and labor and employment.
What do current board certified
attorneys—younger and
older generations—say about
their board certifications?
The Texas Bar Journal produced great commentary from
diversified
board certified attorneys on Texas Bar Blog in February 2017.
I have also heard many wonderful remarks firsthand, such as:
“being board certified is an honor,” “it advances the standards of
the legal profession,” “it makes a difference in how other lawyers
see you,” “it is official recognition of special competence in a
particular
field of law,” “it enhances the lawyer’s reputation and credibility,”
“it sets you apart from the competition,” and “it helps you
become a better lawyer.” I can list several more due to the amount
of board certified attorneys we have, but that’s just a sample.
TBLS Executive Director Leo Figueroa
speaks
during a ceremony. Photograph courtesy of the Texas Board of Legal
Specialization
What’s the process for board certification?
To become board certified, an attorney must be an active
member in good standing with the State Bar of Texas and must
have been licensed for at least five years. Applicants for board
certification must devote a required percentage of practice to a
specialty area for at least three years immediately preceding
application, show the required substantial involvement in the
specialty area by providing detailed information concerning
the substance and complexity of the tasks handled in the specialty
area, complete the requisite number of CLE hours in the
specialty area, be evaluated by fellow lawyers and judges, and
pass a six-hour written examination. To remain certified, attorneys
must apply for recertification every five years.
This level of rigor is needed in the process as it helps to ensure only the most qualified attorneys are allowed to be called board certified.
Explain how the standards and requirements for specialty
areas are determined.
Establishing the standards for each specialty area, including
revisions
to existing standards, is a team effort. Advisory commissions
are instrumental in drafting the standards for their respective areas.
Proposed specialty area standards are then reviewed by the TBLS
board to determine whether proposed standards are ready for submission
for public comment. After receiving public comment, the
TBLS board then determines whether any changes should be made
to the proposed standards before submission to the Texas Supreme
Court for consideration. The Texas Supreme Court makes the ultimate
determination on all proposed
standards. You can learn
more about our standards process
on our website at tbls.org.
Who determines whether an
applicant is accepted to sit
for a specialty certification
examination?
Applications for specialty certification
are first reviewed by
the TBLS Advisory Commission,
which is composed of board
certified attorneys for the applicable
specialty area. After a thorough
review of each application,
the advisory commission recommends
to the TBLS board
whether each application should
be accepted or rejected. The TBLS board then considers each
application and the recommendation from the advisory commission
before making a final decision on the application.
Explain how certification examinations are drafted
and who grades the completed examinations.
Each specialty exam is drafted by a TBLS exam commission,
which is made up of attorneys who specialize in that particular area
of law. Appointed by the TBLS board, exam commissions grade
essay answers while multiple choice answers are computer graded.
Are there educational requirements to continue/upkeep
your certification?
Yes. A certification applicant must complete 60 hours of
CLE in the specialty area within the three years immediately
preceding application, through December 31 of the year of
application. Those who are already board certified must
complete 100 hours of CLE in the specialty area by
December 31 of each fifth year of certification.
What’s next for TBLS?
We have a number of exciting things happening at TBLS. We
have begun updating the TBLS website and making it mobile
friendly. We are anticipating adding several new specialty areas
within the next year or two. Finally, we are always examining our
specialty area standards to ensure they remain rigorous and accurately
reflect the practice in each specialty area. TBJ
