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What is a Criminal Defense Lawyer Specialist?

Criminal Defense Lawyer Specialist logo from state bar of california
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What is a California Criminal Defense Specialist?

A criminal defense specialist is a lawyer certified by the State of California, Board of Legal Specialization as expert in a particular area of law.  The designation is earned by meeting experience requirements, approvals by judges and other attorneys and by passing a rigorous examination administered by the State Bar.

A criminal defense lawyer in California can advertise as an “expert in criminal defense” without being certified as a “specialist”. However, a California criminal lawyer cannot advertise as a “specialist” unless the State Bar of California Board of Legal Specialization has certified the attorney. Federal lawyers in California are bound by the State of California legal ethics rules and likewise a federal criminal lawyer cannot advertise as a “specialist” in California. However, be aware that other states may not as closely regulate the term. The State Bar of California describes the Legal Specialist Examination as consisting of eight short essay questions and 75 multiple-choice questions and tests whether an attorney has a proficient understanding of the key laws, rules, and procedures applicable to that area of law. A California criminal lawyer cannot qualify to take the examination without being peer reviewed, reviewed by judges and having extensive criminal law trial experience.

Why is a certified Specialist in Criminal Law the Best Lawyer for a Criminal Case?

The State Bar of California has strict continuing education requirements that must be met if a criminal defense attorney wants to maintain the criminal defense specialist designation. They state:

In order to qualify in the first place, the State Bar of California has these requirements:

2.0 TASK REQUIREMENT FOR CERTIFICATION

An applicant must demonstrate substantial involvement in the practice of criminal law within the five years immediately preceding submission of the written application. This includes showing that they have served as principal counsel of record in criminal proceedings as follows:

2.1

  • Five jury trials in California, or in any United States District Court, in cases submitted to the jury for decision, wherein the offenses charged were felonies.

2.2

  • Five additional jury trials in any jurisdiction in cases submitted to the jury for decision, regardless of the nature of the offenses.

2.3

  • Forty additional criminal matters, which may include juvenile court proceedings relating to allegations of criminal misconduct, to disposition in a Municipal or Superior Court within the State of California or a United States District Court or Federal Magistrate Court.

2.4

  • Any two of the following:

    • 2.4.1 Five hearings, pursuant to section 1538.5 of the Penal Code or any other motion to suppress evidence, in which oral testimony was taken and decisions were rendered; and three petitions or answers filed in extraordinary writ proceedings in the following courts: United States Supreme Court, United States Court of Appeals, United States District Court, California Supreme Court, California Court of Appeal, California Superior Court.

    • 2.4.2 Three appeals in the following courts in which briefs were filed by the applicant: United States Supreme Court, United States Court of Appeals, United States District Court, California Supreme Court, California Court of Appeal, California Superior Court.

    • 2.4.3 Five additional jury trials submitted to the jury for decision, regardless of the nature of the offense.

Principal counsel is the attorney who presents criminal proceedings to the court or jury during the entire proceeding or a substantial part thereof. More than one attorney may be principal counsel as long as each is involved in presenting a substantial part of the criminal proceeding.

Although current specialists are not required to retake the legal specialist examination, they must fulfill ongoing maintenance requirements:

  1. Annual Fee: Pay the $360 Legal Specialization Program Annual Fee each year, which will be billed on their annual fee statement.

  2. LSCLE Compliance: Report compliance with the ongoing Legal Specialization Continuing Legal Education (LSCLE) requirement by completing 36 hours of LSCLE in their specialty area every three years. This is due at the same time as their Mandatory Continuing Legal Education (MCLE) compliance date.

  3. Active Status and Recertification

A Criminal Defense Lawyer and Specialist Matters

It is always true that a non-specialist can develop a tremendous amount of skill and truly be a criminal defense attorney expert. But it is hit and miss because everyone can hire a web designer and put forward a fancy “TOP LAWYER” in the “entire world” webpage. The control exercised by the State Bar of California is objective and it is a very meaningful metric by which your criminal defense lawyer (and all criminal defense lawyers) should be judged.