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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § II. Family Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. The purpose of these Standards is to recognize those attorneys having special competence in Family Law. In making the determination of special competence, TBLS will consider the following:

1. The substance and complexity of the tasks submitted to show the required substantial involvement in the specialty area;

2. The professional accomplishments of the attorney in the specialty area;

3. The skill and ability of an attorney in the specialty area;

4. The knowledge of the attorney as shown on the specialty area examination; and

5. The character and fitness of the attorney.

B. Family law is the practice of law dealing with, by way of definition not limitation, matters involving:

• the Texas Family Code, Titles 1, 2, 4 or 5;

• Texas Penal Code, Chapter 25 (offenses against the family);

• the law of homestead and other exempt property; the taxation law of divorce and inter-spousal transactions;

• torts relevant to family law matters;

• the trial of cases arising out of the above matters; and

• appeals arising out of the above matters.

C. To demonstrate substantial involvement and special competence in Texas family law, applicant must, at a minimum, meet the following requirements.

1.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 35% of his or her time practicing family law in Texas during each year of the 3 years immediately preceding application as defined in Section II, B of the Specific Area Requirements for Family Law.

b. Task Requirements. Applicant must provide information concerning specific tasks he or she has performed in Texas family law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.

(1) Applicant must meet each of the following 3 categories within the 5 years immediately preceding application:

(a) Participated as lead counsel (or as an attorney with significant and substantial involvement in the case, including actively participating in court appearances and hearing preparation) for a party or child(ren) in a total of 9 contested final trials or binding arbitrations in Texas family law cases:

i. in which oral testimony was taken;

ii. in which issues were determined by a finder of fact in a court of record or in a binding arbitration, excluding default judgments;

iii. at least 4 of the trials must have involved issues of property division; and

iv. at least 4 trials must have involved appointment or modification of conservatorship.

(b) Participated as lead counsel (or as an attorney with significant and substantial involvement in the case, including actively participating in court appearances and hearing preparation) for a party or child(ren) in 30 contested court appearances involving issues pertaining to Texas Family Code, Titles 1, 2, 4, or 5, handled and disposed of prior to and without the necessity of a contested final hearing or trial of the matters on the merits. Contested court appearances may include, but are not limited to, temporary order hearings, discovery hearings, motions for summary judgment hearings, and other hearings if deemed sufficient for qualification by the advisory commission.

(c) Satisfied 2 of the following 3 categories:

i. Within seven years preceding application, applicant must have handled the trial as lead counsel (or as an attorney with significant and substantial involvement in the case, including actively participating in court appearances and hearing preparation) for a party or child(ren) in one Texas jury trial involving family law OR 2 Texas non-family law jury trials at the county court at law, state district court level, or federal district court level submitted to the jury for decision.

ii. Within five years preceding application, applicant must have served as lead counsel for a party or child(ren) and filed a brief on the merits in the appeal of one civil case involving family law to a Texas court of appeals or the Supreme Court of Texas. TBLS will consider the nature, complexity, and duration of a mandamus or writ of habeas corpus in determining whether it qualifies for this category.

iii. Within five years preceding application, applicant must have represented a party or child(ren), or served as a mediator or arbitrator in a cumulative total of 25 Texas mediations, arbitrations, and/or collaborative law cases involving family law. TBLS will consider the nature, complexity, and duration of the mediations, arbitrations, and/or collaborative law cases in determining whether they qualify in this category.

2. TBLS is dedicated to maintaining the highest standards in qualifying applicants for Board Certification. The members of the advisory commission embody those high standards and their judgment and discretion are a critical part of the evaluation process. In addition to the total number of matters in each category, the advisory commission can consider other factors brought to their attention. The advisory commission has discretion to recommend approval or disapproval of applicants to the TBLS Board regardless of whether the numbers in each category are met, based on circumstances such as the nature, complexity, and duration of the tasks handled by the applicant as well as the character and integrity of the applicant.

3. Applicant must have devoted a minimum of 35% of his or her time practicing family law in Texas during each year of the 5 year period of certification as defined in Section II, B of the Specific Area Requirements for Family Law except as provided for in Part I-General Requirements, Section VI, C,1(b).

C. Applicant must submit a minimum of 5 names and addresses of persons to be contacted as references to attest to his or her competence in family law. These persons must be substantially involved in family law, and be familiar with applicant's family law practice.

1. Applicant must submit names of persons with whom he or she has had dealings involving family law matters within the 3 years immediately preceding application.

2. Applicant must submit names of persons with whom he or she has had dealings involving family law matters since certification or the most recent recertification.

3. Applicant must submit the following types of references:

a. Four Texas attorneys who practice in the applicant's geographic area and who are substantially involved in family law. Applicant must been an opposing counsel to one of these attorneys either in litigation, hearing, or negotiation of a family law matter.

b. One judge of any court of record in Texas whom applicant has appeared before as lead counsel in the trial of a family law matter.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § II. Family Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-ii-nr2/

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