Fla. Bar Approves IP for Specialty Certification
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Tampa intellectual property attorney Stefan Stein first applied to the Florida Bar for specialty certification in the late 1990s. He would have preferred an intellectual property certification. But no such certification existed. So he instead applied for board certification in business litigation, of which IP is a sub-specialty. But Stein, an equity shareholder at Holland & Knight, may get a chance to apply this fall for a certification in his specialty niche. The Bar, after 18 months of debate among intellectual property lawyers of various kinds, has begun to take applications for two new certification committees. The two new board certifications are for the fields of intellectual property, and state and federal government and administrative practice. These two fields join 20 specialty certifications previously offered to Florida lawyers through the Board of Legal Specialization and Education. The Florida Supreme Court recently approved amending Bar rules to add these two new specialties. The Bar’s board of legal specialization and education is recruiting members for two new nine-member committees to oversee the application process and approve candidates for certification in each of the two areas. Approval of the IP specialty took a long time because lawyers in several different types of IP practice — trademark, patents and copyright — each wanted their own board certification. The ultimate compromise folded all types of IP practice into one specialty certification. “There were a myriad of issues relating to patents, trademark and copyright law,” said Philip Schwartz, shareholder and corporate lawyer at Akerman Senterfitt in Miami. Schwartz, who is a member of the business law section of the Florida Bar, was one of the many attorneys who sat on an independent and special committee to help intellectual property attorneys solve the dispute. Under the compromise, the new certification committee that will review applications for IP board certification will include three patent attorneys, two trademark attorneys, two copyright attorneys and two patent infringement attorneys. Generally, applications specialty certifications must be submitted to the Bar between July 1 and Aug. 31, and between Sept. 1 and Oct. 31. But attorneys who seek certification in the two new areas won’t be eligible to apply until the appointment of two new certification committees. “Attorneys may not be able to apply for certification in these two areas for the first time until the late fall and may not become certified until next spring,” said Dawna Bicknell, head of legal specialization and education for the Florida Bar. BETTER THAN YELLOW PAGES Board certification did not become available to Florida attorneys until 1982. Up to that time, attorneys in this state could designate themselves as specialists, and there were no Bar or Supreme Court rules governing this, said Miami attorney Harry Payton, past chairman of the Bar’s board of legal specialization and education. Payton said the Bar encourages lawyers to become certified because certification is a way for the legal profession to foster ethics and quality legal services. The current board certification system, Payton said, helps consumer because a specialty certification is a better way to pick a lawyer rather than just choosing from one from the Yellow Pages. “Finding a board-certified attorney is like looking for a specialist [physician] when you need a medical procedure.” According to the board’s 2005 figures, only 4,378 Florida attorneys are board certified out of nearly 75,000 Florida Bar members. Attorneys with more than one certification are rare. The certification process is rigorous, and many applicants are rejected, Payton said. “At times I have had to interview as many as 54 individuals for the peer review section of the application,” he said. “The board often turns down applicants based solely on the peer review results.” Twice a year the board holds specialty certification exams for Florida Bar members who are in good standing and meet the application requirements. Lawyers who want to become board certified must have five years in law practice, satisfactory and substantial involvement in the field, and satisfactory peer review ratings. They have to pass a specialty exam. In addition, they must show that they fulfilled continuing education requirements. The must also pass a peer review by six colleagues chosen by the candidate, including one reviewer who is a federal, state or administrative law judge. The fee for initial certification is $450. There is a separate certification committee for each specialty area. The committees are made up of nine attorneys, with a specified number from different areas of practice. The panels review applications, prepare and grade the exam, conduct the peer review, and make recommendations on candidates. The panels also will review applications for renewal of certificates, including investigating issues of ethical conduct.’ More : law.com |