Civil and Criminal Standards

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1. General Principles
2. Certification Standards
3. Recertification Standards
4. Annual Reporting
5. Denial or Revocation of Certification.

Recertification Standards

1. Good Standing
   1. The applicant shall furnish satisfactory evidence of good standing in the state of his or her admission or, if admitted in more than one state, in the state of his or her principal practice.
2. Substantial Involvement
   1. The applicant must make a satisfactory showing of substantial involvement in the specialty with at least thirty percent of his or her time spent practicing civil/criminal trial litigation during the five years preceding recertification.
   2. The applicant must further demonstrate substantial involvement in specialized practice during the five years preceding recertification by showing that he or she has actively participated as counsel for a party or parties:
      1. n criminal trial advocacy, not less than 15 trial days of criminal matters
      2. in civil trial advocacy, not less than 15 trial days of civil matters
      3. As an alternative, in civil and/or criminal trial advocacy, one of the following:
         1. Participation in 40 litigated matters, either directly handled to conclusion as lead counsel or in a supervisory capacity to lead counsel or,
         2. participation in 60 performances which would include depositions or hearings as which either oral argument was made or testimony was taken or,
         3. a combination of trial days, participation in litigated matters or performances which demonstrates substantial involvement in the specialty equivalent to one of the two subsections above as approved by the Standards Committee of the Board of Directors.
3. Educational Experience
   1. The applicant must show that he or she participated in and completed at least forty-five hours of educational activity, as set forth in Part C of the Certification Standards, during the five years preceding recertification.
4. Peer Review
   1. The applicant shall submit, for each specialty area, the names of six references, not present partners, associates, or relatives of the applicant. Such references shall be substantially involved in the relevant field of trial law, and should be familiar with the applicant’s practice in that field. At least two shall be judges before whom the applicant has appeared as an advocate in the relevant field not more than three years before application; and at least two shall be lawyers with whom, or against whom, the applicant has appeared as an advocate in that field within three years of application.
   2. NBTA will solicit confidential statements from the references named by the applicant and may solicit confidential statements of reference from other persons, familiar with the applicant's practice, not specifically named by the applicant. References satisfactory to the NBTA must be received from at least one judge and from at least two attorneys. All reference statements received will be reviewed by the NBTA to assess whether the applicant has maintained the enhanced level of skill and expertise in the practice area and the integrity and consideration for the interests of clients necessary to merit recertification.
5. Disclosure of Conduct
   1. The applicant shall comply with Part G of the Certification Standards in the same manner as an applicant for certification.
6. Affidavit of Financial Responsibility
   1. At the time of application each applicant who engages in the private practice of law shall submit an affidavit to the effect that he or she currently carries and will continue to carry professional liability insurance coverage with limits of at least $500,000 per occurrence or, as an alternative, that he or she has the financial means to satisfy any judgment against him or her for professional liability up to that amount. Applicants who are engaged in the practice of law solely in the public sector are exempt from this requirement.

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