National Board of Legal Specialty Certification
Encyclopedia
The National Board of Legal Specialty Certification (NBLSC) is a non-profit
board certification
organization in the United States
which administers four national board certification programs for attorney
s in Civil Trial Law
, Criminal Trial Law
, Family Trial Law
, and Social Security Disability Law
. To become board-certified, an attorney must meet substantial professional requirements and undergo a peer review
process. There are currently more than 2,400 attorneys who are certified by the NBLSC. The organization is led by board of directors
of noted trial lawyers, law professors, and judge
s.
Based in Wrentham, Massachusetts
, the NBLSC was founded as the National Board of Trial Advocacy (NBTA). It adopted its current name in 2006. The National Board of Trial Advocacy (NBTA) and the National Board of Social Security Disability Advocacy are now two divisions within the NBLSC. The NBLSC's stated mission is to "inform and educate the public concerning legal representation by board certified specialists" and "recognize and promote excellence in legal advocacy through a national program certifying specialists predicated on high standards of demonstrated competence and integrity."
The NBLSC is the largest and oldest of the seven private board-certification organizations for attorneys that the American Bar Association
(ABA) accredits through its Standing Committee on Specialization.
, Chief Justice of the United States
Warren Burger stated that "some system of certification for trial advocates is an imperative and long overdue step." Burger stated that the absence of certification programs "has helped bring about the low state of American trial advocacy and a consequent diminution in the quality of our entire system of justice." Burger endorsed board certification of trial lawyers as "basic to a fair system of justice" and, referring to barrister
s, wrote that the idea had "historic recognition in the common law
system." By the time Burger promoted the idea, board certification for physician
s was already been well-established, with Dr. Derrick T. Vail first proposing certification in his presidential address to the American Academy of Ophthalmology and Otolaryngology in 1908. However, the idea of board certification for trial lawyers was new, and one author describes the reaction of the American legal profession as "startled.".
In response to Burger's call to action, the National Board of Trial Advocacy was founded in 1977 by prominent Connecticut
trial attorney Theodore I. Koskoff
. Koskoff established the non-profit organization as a group "dedicated to bettering the quality of trial advocacy in our nation's courtrooms and assisting the consumer of legal services in finding experienced and highly qualified trial lawyers."
Initially, NBTA was housed within the offices of the Association of Trial Lawyers of America. In 1987, the Association moved to Suffolk University Law School
in Boston
, where the law school provided office space. Shortly thereafter, the NBTA became fully self-supporting and set up offices on Tremont Street
one block from Government Center. The NBTA remained in Boston until about 2001, when it moved to its current headquarters in Wrentham, Massachusetts
. In 2006, the National Board of Trial Advocacy changed its name to the National Board of Legal Specialty Certification, and the National Board of Trial Advocacy became a division of the renamed organization.
In 1990, Associate Justice
John Paul Stevens
quoted the Task Force on Lawyer Competence, Report With Findings and Recommendations to The Conference of Chief Justices, Publication No. NCSC-021, pp. 33-34 (May 26, 1982), in Peel v. Atty. Registration & Disciplinary Comm'n, 496 U.S. 91, 95-96 (U.S. 1990) on the quality of the vetting process: "NBTA certification has been described as a 'highly-structured' and 'arduous process that employs a wide range of assessment methods.'" The Minnesota Supreme Court
wrote that the "NBTA applies a rigorous and exacting set of standards and examinations on a national scale before certifying a lawyer as a trial specialist." In re Johnson, 341 N.W.2d 282, 283 (Minn. 1983).
By 1973 board certification for medical doctors was well established. In contrast, when Chief Justice Burger called for board certification of trial lawyers relying on analogies to medical specialization, aviation specialization and the barrister system, in the United States no state recognized trial lawyers as specialists and there were no organizations accredited to certify trial lawyers as specialists. Thus when Chief Justice Burger called for board certification of trial lawyers one author described the American legal profession as "startled".
Much has changed since 1973. Now, there is a greater prevalence of trial advocacy training in law schools
and continuing legal education, and attorney board certification is well established and growing. For example, by 1995 there were almost 20,000 board certified lawyers in the United States and by 2009 that number increased to more than 35,000 lawyers. According to the American Bar Association's research in 2008 there were 1,180,386 attorneys licensed to practice law in the United States. Of these the ABA estimates 74% are in private practice; thus approximately 4% of practicing lawyers are currently board certified by states or ABA accredited agencies. Moreover,there are now seven private organizations with ABA-accredited certification programs, 12 state sponsored certification plans and eight state sponsored plans to accredit private certifiers. Today attorney board certification is now available in 49 specialty fields by certifying agencies either operated by a state or one of the ABA accredited private agencies like the NBLSC
Nevertheless, full acceptance of the validity and importance of board certification by all courts and all states has not been achieved. Still, there are NBLSC certified attorneys in most if not all states, and their numbers are growing.
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
board certification
Board certification
Board certification is the process by which a physician , dentist , or podiatrist in the United States demonstrates through either written, practical, and/or simulator based testing, a mastery of the basic knowledge and skills that define an area of medical specialization...
organization in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
which administers four national board certification programs for attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s in Civil Trial Law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, Criminal Trial Law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, Family Trial Law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, and Social Security Disability Law
Social Security Disability Insurance
Social Security Disability Insurance is a payroll tax-funded, federal insurance program of the United States government. It is managed by the Social Security Administration and is designed to provide income supplements to people who are physically restricted in their ability to be employed...
. To become board-certified, an attorney must meet substantial professional requirements and undergo a peer review
Peer review
Peer review is a process of self-regulation by a profession or a process of evaluation involving qualified individuals within the relevant field. Peer review methods are employed to maintain standards, improve performance and provide credibility...
process. There are currently more than 2,400 attorneys who are certified by the NBLSC. The organization is led by board of directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
of noted trial lawyers, law professors, and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s.
Based in Wrentham, Massachusetts
Wrentham, Massachusetts
Wrentham is a town in Norfolk County, Massachusetts, United States. The population was 10,955 at the 2010 census.- History :Wrentham was first settled by the English in 1660 and officially incorporated in 1673. It was burned down during King Philip's War 1675-1676. For a short time, it was the...
, the NBLSC was founded as the National Board of Trial Advocacy (NBTA). It adopted its current name in 2006. The National Board of Trial Advocacy (NBTA) and the National Board of Social Security Disability Advocacy are now two divisions within the NBLSC. The NBLSC's stated mission is to "inform and educate the public concerning legal representation by board certified specialists" and "recognize and promote excellence in legal advocacy through a national program certifying specialists predicated on high standards of demonstrated competence and integrity."
The NBLSC is the largest and oldest of the seven private board-certification organizations for attorneys that the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
(ABA) accredits through its Standing Committee on Specialization.
History
In 1973 at the annual Sonnett Lecture at Fordham University School of LawFordham University School of Law
Fordham University School of Law is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.-Overview:According to the U.S. News & World Report, 1,516 J.D. students attend...
, Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Warren Burger stated that "some system of certification for trial advocates is an imperative and long overdue step." Burger stated that the absence of certification programs "has helped bring about the low state of American trial advocacy and a consequent diminution in the quality of our entire system of justice." Burger endorsed board certification of trial lawyers as "basic to a fair system of justice" and, referring to barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, wrote that the idea had "historic recognition in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system." By the time Burger promoted the idea, board certification for physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s was already been well-established, with Dr. Derrick T. Vail first proposing certification in his presidential address to the American Academy of Ophthalmology and Otolaryngology in 1908. However, the idea of board certification for trial lawyers was new, and one author describes the reaction of the American legal profession as "startled.".
In response to Burger's call to action, the National Board of Trial Advocacy was founded in 1977 by prominent Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
trial attorney Theodore I. Koskoff
Theodore I. Koskoff
Theodore I. "Ted" Koskoff was an American trial lawyer. Described as "one of Connecticut's most widely known trial lawyers," Koskoff was the chairman of the Bridgeport, Connecticut-based Koskoff, Koskoff & Bieder law firm and led several legal professional associations.Koskoff was born in New...
. Koskoff established the non-profit organization as a group "dedicated to bettering the quality of trial advocacy in our nation's courtrooms and assisting the consumer of legal services in finding experienced and highly qualified trial lawyers."
Initially, NBTA was housed within the offices of the Association of Trial Lawyers of America. In 1987, the Association moved to Suffolk University Law School
Suffolk University Law School
Suffolk University Law School, also known as Suffolk Law School or SULS, is one of the professional graduate schools of Suffolk University. Suffolk University Law School is a private, non-sectarian, law school located in downtown Boston, Massachusetts. Suffolk University Law School was founded in...
in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
, where the law school provided office space. Shortly thereafter, the NBTA became fully self-supporting and set up offices on Tremont Street
Tremont Street
Tremont Street is a major thoroughfare in Boston, Massachusetts.-Etymology:The name is a variation of one of the original appellations of the city, "Trimountaine," a reference to a hill that formerly had three peaks. Beacon Hill, with its single peak, is all that remains of the Trimountain...
one block from Government Center. The NBTA remained in Boston until about 2001, when it moved to its current headquarters in Wrentham, Massachusetts
Wrentham, Massachusetts
Wrentham is a town in Norfolk County, Massachusetts, United States. The population was 10,955 at the 2010 census.- History :Wrentham was first settled by the English in 1660 and officially incorporated in 1673. It was burned down during King Philip's War 1675-1676. For a short time, it was the...
. In 2006, the National Board of Trial Advocacy changed its name to the National Board of Legal Specialty Certification, and the National Board of Trial Advocacy became a division of the renamed organization.
Certification
Board-certified attorneys undergo thorough screening of credentials. This includes "documentation of their experience, judicial and peer references, an exam, and they must report all disciplinary matters brought before any official body, whether public or private, for scrutiny by the NBLSC Standards Committee." An attorney who meets NBLSC's stringent requirements and becomes board-certified remains an active member for five years and may apply for re-certification after this time. All board-certified attorneys must meet annual reporting requirements for the NBLSC Standards Committee. The NBLSC states that "All members have an ongoing responsibility to inform NBLSC of any misconduct which may arise during the course of the certification. Good standing is also confirmed on an annual basis by way of a formal annual reporting component of the NBLSC certification. All misconduct matters are reviewed and ruled upon in the same fashion as initial certification."In 1990, Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
quoted the Task Force on Lawyer Competence, Report With Findings and Recommendations to The Conference of Chief Justices, Publication No. NCSC-021, pp. 33-34 (May 26, 1982), in Peel v. Atty. Registration & Disciplinary Comm'n, 496 U.S. 91, 95-96 (U.S. 1990) on the quality of the vetting process: "NBTA certification has been described as a 'highly-structured' and 'arduous process that employs a wide range of assessment methods.'" The Minnesota Supreme Court
Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
wrote that the "NBTA applies a rigorous and exacting set of standards and examinations on a national scale before certifying a lawyer as a trial specialist." In re Johnson, 341 N.W.2d 282, 283 (Minn. 1983).
Acceptance
By 1973 board certification for medical doctors was well established. In contrast, when Chief Justice Burger called for board certification of trial lawyers relying on analogies to medical specialization, aviation specialization and the barrister system, in the United States no state recognized trial lawyers as specialists and there were no organizations accredited to certify trial lawyers as specialists. Thus when Chief Justice Burger called for board certification of trial lawyers one author described the American legal profession as "startled".
Much has changed since 1973. Now, there is a greater prevalence of trial advocacy training in law schools
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
and continuing legal education, and attorney board certification is well established and growing. For example, by 1995 there were almost 20,000 board certified lawyers in the United States and by 2009 that number increased to more than 35,000 lawyers. According to the American Bar Association's research in 2008 there were 1,180,386 attorneys licensed to practice law in the United States. Of these the ABA estimates 74% are in private practice; thus approximately 4% of practicing lawyers are currently board certified by states or ABA accredited agencies. Moreover,there are now seven private organizations with ABA-accredited certification programs, 12 state sponsored certification plans and eight state sponsored plans to accredit private certifiers. Today attorney board certification is now available in 49 specialty fields by certifying agencies either operated by a state or one of the ABA accredited private agencies like the NBLSC
Nevertheless, full acceptance of the validity and importance of board certification by all courts and all states has not been achieved. Still, there are NBLSC certified attorneys in most if not all states, and their numbers are growing.