LOUISIANA LEGAL SPECIALIZATION
Standards for Family Law Certification
Adopted By The Family Law Advisory Commission
The following are the standards for qualifying for certification in the field of family law.
1. A minimum of five years of actual practice of law on a full time basis immediately preceding the year of certification.
2. A minimum of 35% of the total time devoted to the practice of law annually in each of the 5 years preceding application and in each year of certification shall be in the field of family law. Additionally, the attorney must demonstrate actual experience in the representation of clients, contested hearings and trials, negotiation and settlement of family law matters, and knowledge of appellate procedures.
3.
a. In the year of application, and in each year of certification, the applicant must obtain credit for eighteen (18) hours of approved continuing legal education pursuant to the Supreme Court of Louisiana Rules for Continuing Legal Education. All eighteen (18) hours must be in the field of family law. All continuing legal education credits of an applicant or certificate holder must be approved by the Louisiana Board of Legal Specialization and the family law credits must be approved by the Family Law Advisory Commission.
b. CLE earned in prior years may not be used to satisfy the eighteen (18) hours required within the year of application.
c. CLE carry forward from the year of application will not be permitted.
d. Following certification, a CLE carry forward of up to eight (8) hours of approved family law CLE earned in excess of the eighteen (18) hours minimum required per year, will be permitted.
e. Family law specialization CLE credit will be allowed for teaching a family law course at any MCLE approved seminar.
4. All applicants must pass a written examination applied uniformly to all applicants demonstrating sufficient knowledge, proficiency and experience in the following areas of family law as is necessary to justify the representation of special competence to the legal profession and to the public:
a. The procedure in Civil Code Articles 102 and 103 Divorces
b. Domicile, Venue and Jurisdiction
c. Child Support
d. Child Custody
e. Alimony/Spousal Support and Alimony/Spousal Support Pendente Lite
f. Use and Occupancy of the Family Home and Community Movables and Immovables, and Rental Value for Use and Occupancy
g. Temporary Restraining Orders and Injunctive Relief
h. Appointment of Attorneys to Represent Children in Child Custody and Visitation Proceedings
i. Matrimonial Regimes, including Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes
j. Co-ownership of Former Community Property
k. Qualified Domestic Relations Orders
l. Uniform Child Custody Jurisdiction Act
m. Parental Kidnapping Prevention Act
n. Matrimonial Agreements
o. The Domestic Abuse Assistance Act
p. Ethics and Professional Conflicts
q. Income Tax Consequences upon Divorce and Partition of Community Property
r. Qualified Medical Child Support Orders
The written examination may also include the following subjects, which are of lesser importance than the areas of family law listed above:
a. Appeals and Writs
b. Ex-parte Orders
c. Illegitimates, Acknowledgement, Legitimation, Filiation, Disavowal, and Paternity Testing
d. Divorce When the Defendant is a Non-resident, and Other Curator Issues
e. Claims for Contributions to Education or Training
f. Affidavits of Non-Miliary Service
g. Visitation Rights of Non-Parents
h. Major Pension Partition Cases
i. Court Ordered Mediation
j. Emancipation
k. Evidence, but limited to evidentiary rules that are peculiar to family law or particularly important to family law.
The following subjects, which are considered of lesser importance than the areas and subjects listed above, may be tested to a limited extent on the written examination:
a. Name Confirmations
b. Conflict of Laws
c. Putative Marriages
The following topics are of limited importance, but the written examination may contain questions concerning them:
a. Adoptions
b. The Hague Convention
c. Nullity of Marriage
5. Each applicant will consent to a confidential inquiry, by the Louisiana Board of Legal Specialization or the Family Law Advisory Commission, directed to all persons who serve as references for the applicant and to other persons regarding the applicant's competence and qualifications to be recognized as a Family Law Specialist. This inquiry and review shall consider information furnished by references and other information which the advisory commission deems relevant to demonstrate whether the applicant has achieved recognition as having a level of competence indicating proficient performance and handling the usual matters of the specialty field. Such information may include the applicant's work product, problem analysis, statement of issues and analysis, ethics, reputation, professionalism or such other criteria which the advisory commission deems appropriate to take into account prior to making its recommendations.
6. Each applicant shall submit to the Family Law Advisory Commission the names and addresses of at least five persons who are lawyers or judges, at least two of whom are Board Certified Family Law Specialists, who can attest to the applicant's competence in the specialty field in which recognition is sought.
7. Each applicant must carry malpractice insurance in the minimum amount of $500,000, unless waived for good cause by the Louisiana Board of Legal Specialization.
8. Recertification shall be required every five years from the date of certification or recertification, as the case may be.
9. The applicant must comply with the rules established by the Louisiana Board of Legal Specialization as they relate to release of disciplinary action information.
10. Each applicant shall pay the fees required by the Board and by the Family Law Advisory Commission