Rules of the State Bar, Title 3 Div. 2 Chapter 2 Article V: Family Law

The Standards must be read in conjunction with the Rules Governing the State Bar of California Program for Certifying

Legal Specialists, which govern the Program requirements.

THE STANDARDS FOR CERTIFICATION AND RECERTIFICATION IN FAMILY LAW

(last revised effective 5/16/08)

1.0 DEFINITION

Family law is the practice of law dealing with all aspects of the

California Family Code and including, but not limited to, the

following: taxation issues incident to family law practice;

contempt; enforcement proceedings; mediation and/or negoti-

ation of family law disputes; psychological and counseling

aspects of family law; family law writ and appellate practice;

postmarital agreements; nonmarital domestic relationships; child

custody in any forum; and public enforcement of child support.

2.0 TASK REQUIREMENT FOR CERTIFICATION

2.1 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 family law, which shall

include actual experience in each of the following

areas:

2.1.1 Restraining orders/domestic violence pro-

ceedings;

2.1.2 Dissolution of marriage, legal separation, or

nullity of marriage litigation;

2.1.3 Custody of children

2.1.4 Child support;

2.1.5 Spousal support;

2.1.6 Modification of support;

2.1.7 Division of community property;

2.1.8 Confirmation of separate property;

2.1.9 Taxation issues incident to dissolution of

marriage;

2.1.10 Contempt and/or enforcement proceedings;

2.1.11 Mediation and/or negotiation of family law

disputes; and

2.1.12 Psychological and counseling aspects of

dissolution of marriage.

2.2 A prima facie showing of substantial involvement in

the area of family law is made by completion of at

least four of the following five categories:

2.2.1 Principal counsel in 20 contested family law

hearings involving one or more issues set

forth in section 2.1, submitted to a court for a

decision;

2.2.2 Principal counsel in five hearings or trials

under the California Family Code which are

within the definition of family law in section

1.0 of these standards, and which are three

hours or more in length and involve

testimony of witnesses; or other alternative

task and experience which the advisory

commission deems to substantially comply

with the foregoing task and experience

requirement, including but not limited to:

2.2.2.1 Evidentiary hearings or trials in

other practice areas;

2.2.2.2 Sitting as pro tem judge or

arbitrator in contested hearings or

trials under the California Family

Code or within the definition of

family law in section 1.0 of these

standards;

2.2.2.3 Successful completion of a recog-

nized trial advocacy program that

conforms to guidelines developed

by the Family Law Advisory Com-

mission;

2.2.3 Principal counsel in a minimum of 30

negotiated family law judgments or negoti-

ated marital settlement agreements;

2.2.4 Principal counsel in 30 stipulated temporary

family law orders; or

2.2.5 Principal counsel and principal author of the

briefs in three California family law appeals

in which an opinion was filed.

Principal counsel is the attorney who spends a

majority of the time on a case in the activities of

preparation, review, filing and representing a client

at an interview or hearing. There can be only one

principal counsel per case.

3.0 EDUCATIONAL REQUIREMENT FOR CERTIFICATION

An applicant must show that, within the three years immediately

preceding the application for certification, he or she has

completed not less than 45 hours of educational activities

specifically approved for family law as follows:

3.1 Not less than nine hours in the areas of dissolution

of marriage, contempt and/or enforcement, or

mediation and/or negotiation of family law disputes;

3.2 Not less than six hours in the area of custody of

children;

3.3 Not less than nine hours in the areas of child

support, spousal support, or modification of support;

3.4 Not less than 12 hours in the areas of division of

community property, confirmation of separate

property, or taxation issues incident to dissolution of

marriage;

3.5 Not less than six hours in the area of psychological

and counseling aspects of dissolution of marriage;

and

3.6 Not more than three hours in the following areas:

3.6.1 Paternity litigation;

3.6.2 Adoption litigation;

3.6.3 Problems of the nonmarital family;

3.6.4 Writs and appeals from dissolution of

marriage, legal separation or nullity of

marriage litigation;

3.6.5 Proceedings to free a minor from the

custody and control of parent(s);

3.6.6 Problems of domestic violence;

3.6.7 Guardianships of the person or children; and

3.6.8 Law office management of a family law

practice.

4.0 TASK REQUIREMENT FOR RECERTIFICATION

4.1 An applicant for recertification must show that,

during the current five-year certification period, he

or she has participated in a total of 50 of the

following proceedings in any combination:

4.1.1 Contested hearings or trial proceedings

under the California Family Code, or within

the definition of family law, section 1.0 of

these standards, which are three hours or

more in length and involving testimony of

witnesses;

4.1.2 Negotiated or mediated family law judg-

ments, property settlement agreements,

marital settlement agreements, stipulated

temporary or post judgment orders and/or

stipulated appeal settlements;

4.1.3 Acted as mediator, arbitrator, evaluator, or

special master in any of the proceedings

delineated in section 1.0 of these standards.

4.2 Compliance with the foregoing requirements may be

demonstrated, in the discretion of the Commission,

by sworn statement that the applicant has engaged

in the practice of family law substantially to the

same extent as described in the application for

original certification.

5.0 ALTERNATIVE TO TASK REQUIREMENT FOR

RECERTIFICATION

As an alternative to the task requirements listed in section 4.0

above, an applicant may qualify by completing any of the

following:

5.1 One-half day superior court family law pro tem judge

service in contested hearings or trials shall be the

equivalent of two contested hearings or trials;

5.2 Teaching a minimum of 50 actual hours of

educational programs approved by the Commission

shall be the equivalent of 15 contested hearings or

trials;

5.3 Preparation of a case for contested proceedings

under the California Family Code or within the

definition of family law, section 1.0 of these

standards, shall be equivalent to a contested

hearing or trial;

5.4 Acting as principal counsel and principal author of

the pleadings and briefs in 12 appeals and/or writs

filed with a Court of Review, involving proceedings

under the California Family Code or within the

definition of family law, section 1.0 of these

standards;

5.5 Acting as principal counsel and principal author of

the pleadings and briefs in one appeal and/or writ

filed with a Court of Review, involving proceedings

under the California Family Code or within the

definition of family law, section 1.0 of these

standards, shall be the equivalent of four contested

hearings or trials.

6.0 EDUCATIONAL REQUIREMENT FOR RECERTIFI-

CATION

An applicant for recertification must show that, during the current

five-year certification period, he or she has completed not less

than 60 hours of educational activities specifically approved for

family law, of which not less than six nor more than 10 hours

shall be in psychological and counseling aspects of family law.