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.
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:
Although current specialists do not need to take the legal specialist examination again, all specialists must meet ongoing maintenance requirements as follows:
- pay the $360 Legal Specialization Program Annual Fee each year, billed on each specialist’s annual fee statement;
- report compliance of the ongoing LSCLE requirement by completing 36 hours of LSCLE in their specialty area every three years, due at the same time as their MCLE compliance date; and
- be in Active status with the State Bar, and report compliance of the ongoing task & experience and reference requirements by recertifying and submitting an application for recertification and $350 processing fee every five years.
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 that, within the five years
immediately preceding submission of the written application, he
or she has been substantially involved in the practice of criminal
law, which shall include the showing that he or she has been
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 in which decisions have been
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 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; or
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 presentation of a substantial part of the
criminal proceeding
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.
Watch State Bar of California video on Criminal Specialists.
Dan Russo attorney with Lawyers in Lafayette and Daniel Horowitz are both certified criminal defense specialists.
If you have a criminal matter and need help, Call Daniel Horowitz at (925) 291-5388.
The post What is a Criminal Defense Lawyer Specialist? appeared first on Lawyers In Lafayette.