The Texas Board of Legal Specialization currently offers specialty certification in family law, civil trial law, and personal injury trial law. Additional areas of specialization are being considered where interest has been expressed (e.g., bankruptcy, real estate, etc.)
Anyone who desires to take the examination should request an application from TBLS. However, there are criteria which must be met - just to pass the application process! Some of the necessities are:
Filling out the lengthy application is thought provoking, for it causes one to focus on his or her level of experience-the essential element to passing the test.
An informal survey was conducted earlier this year among legal assistants who passed certification exams the first year they were offered. The questionnaire asked examinees how they studied, what they studied, how they credited their success, and what benefits certification afforded them.
The two, almost equally, popular modes of study were: 1) attending seminars; and 2) summarizing the applicable rules, statutes, and codes. These two methods were the most widely used in all three areas of specialization. Study groups and flash cards were also used, and most everyone indicated they used more than one method in preparation.
What was studied? Of course, that depended on which specialty was being tested. Civil trial law and personal injury trial law examinees had some overlap. As expected, the general areas studied were the Texas Rules of Civil Procedure, Texas Rules of Civil Evidence, and the Texas Civil Practice and Remedies Code. More specifically, rules pertaining to venue and the admissibility of evidence, and theories concerning comparative negligence and indemnification headed the list of ''musts'' to know.
Civil trial law respondents placed more emphasis on the Deceptive Trade Practices Act, product liability, and torts, while personal injury trial law respondents found medical malpractice, governmental liability, and insurance contract law more crucial. The family law poll indicated working knowledge of the Texas Family Code, especially in the areas of contempt, enforcement, appeals and procedures, was paramount.
In all three categories, respondents stressed that the crux of the examination was the ability of the test taker to analyze fact situations, from a single issue such as an evidentiary question, to entire case scenarios, and then apply the appropriate rules and theories. Michele Boerder (Board Certified in Civil Trial-Dallas) offered an excellent idea, ''Read the advance sheets!''
How did the successful attain their knowledge? When asked how they apportioned their success, approximately 97% indicated that ''experience'' gave them the best advantage. Individual and group studies, attending seminars, and paralegal schooling were also credited by some to have contributed to their accomplishments, with most indicating a combination of these factors were helpful.
Most test takers graded the exams ''more difficult than expected'' with ''as difficult as expected'' ranking second. Only one person indicated the test was ''easier than expected.'' Time management, especially during the essay portion of the test, was cited as the largest obstacle. Wendi Rogers' (board certified in Personal Injury-Dallas) proven suggestion is, ''Wear earplugs.''
Why would anyone volunteer to take an exam of this magnitude? Although one freelance paralegal responded that the designation increased her business, most indicated they endured the rigorous process primarily for personal satisfaction and evidence of their ability. Approximately 25% were given CLE budgets to maintain their designation, 25% were reimbursed the cost of the exam and related expenses, 10% were awarded bonuses, and another 10% received raises. Approximately 50% of all respondents received no compensation from their employers. Admirably, most pointed out that they did not expect financial compensation, and based their decision on the desire to be challenged and proud of their success.
Overall, the survey revealed a few basic themes. Becoming eligible to take the certification exam is not easy; passing the test is even more difficult. The key ingredients to success are experience and ambition. The reward, though not always immediately measured in monetary terms, is the promotion of self-esteem and the respect of one's peers.