Saturday, April 20, 2024

‘Board Certified by the Texas Board of Legal Specialization’

Posted

HOOD COUNTY COURT-AT-LAW

Vincent Messina is a Hood County Court-at-Law judge. He has presided in the court-at-law courtroom for almost 20 years.

We have all seen those words, usually associated with a written advertisement in print or a billboard. Sometimes associated with a commercial on cable TV, but what does it actually mean?

In Texas, there are approximately 100,000 licensed attorneys. Of that number, only 7,300 are board certified in an area of specialization. Within the number of board certified attorneys, only approximately 900 hold dual certifications in two or more areas.

The Texas Board of Legal Specialization was established in 1974 by the Supreme Court of Texas. It was established to set up rules and qualifications for a number of specialties within the practice of law. Today, there are 22 separate areas of specialization in Texas. They are: Administrative Law, Bankruptcy, Child Welfare Law, Civil Appellate, Civil Trial Law, Criminal Appellate, Criminal Law, Estate Planning, Family Law, Health Law, Immigration, Juvenile Law, Labor and Employment Laws, Legislative and Campaign Law, Oil, Gas, and Mineral Law, Personal Injury Trial Law, Real Estate Law, Tax Law, and Worker’s Compensation.

While each of these areas have varying requirements, they all require the Texas Attorney to have practiced full time for five years or longer and demonstrate a high degree of competence in the given area. They also all require that the Texas attorney be peer reviewed by both other attorneys who practice in the area and also trial court judges in courts where the attorney has tried cases. In addition to this, the attorney must sit for and pass a rigorous written examination.

In the case of Civil Trial and Personal Injury Law Trial board certifications, the candidate for certification in each area must try to a jury at least 10 jury trials, must complete a minimum of 60 continuing legal education hours approved by the TBLS, must be positively peer reviewed by attorneys who practice in the area of specialty, must be approved by judges in courts where they have tried cases, and finally must sit for and pass a six-hour written exam testing the attorney’s competence in the specialty area.

I received dual certifications in Civil Trial Law and Personal Injury Trial Law in 1991. I became one of the youngest Texas attorneys to become certified in two areas of practice the first year I became eligible to sit for the exam. I have recertified every five years since 1991, with my last recertification occurring this year.

Many excellent attorneys in Texas make the decision to not become board certified in an area of practice. They so do for a variety of reasons, which may include a desire to engage in the general practice of law, not specializing in any one field of practice. They may simply not want to go through the list of requirements needed to become board certified. Finally, since board certified attorneys are held to a different legal standard, they may choose not to specialize in any one area. Generally speaking, the board certified attorney has demonstrated a high degree of competence in the area or areas where certification has been awarded.

In Hood County, the two trial courts (the 355th District Court and County Court at Law #1) are general jurisdiction courts. The County Court at Law #1, my court, has concurrent jurisdiction with the District Court. General jurisdiction courts hear all matters – criminal, civil, family law, land disputes, etc.

The County Court at Law #1 is also the appellate court for all cases arising from disputes in the Municipal Courts and Justice Courts (JPs). Additional information about board certifications and a list of board certified attorneys across Texas may be found at TBLS.org.