Kelly on Malpractice

We are pleased to announce that in June of 2008, Clint Kelly and Dulin Kelly became board certified in medical malpractice law by the American Board of Professional Liability Attorneys. The American Board of Professional Liability Attorneys is an ABA Accredited Organization that certifies its members in medical malpractice law. There are many prerequisites to board certification, summarized here:
REQUIREMENTS FOR CERTIFICATION
• 1. Current bar membership in good standing. Certificate of Good Standing furnished from all jurisdictions in which he or she is admitted.
• 2. Immediately preceding application, the applicant must have spent five (5) years in the actual practice of his or her specific area of professional liability law.
• 3. The applicant make satisfactory showing of substantial involvement, with at least 25% of your professional time engaged in the litigation of the specific area of professional liability in each of the three (3) years immediately preceding the filing of the application for certification, in either medical or legal professional liability.
• 4. Trial Experience:
o 1. The applicant, for certification in the area of medical professional liability, must further demonstrate substantial involvement by showing that he or she has appeared as named counsel who took testimony for a party or parties:
 a. Within the applicant’s career, the resolution of:
 I. Not less than fifteen (15) contested matters, ten (10) of which may be resolved by some form of alternative dispute resolution, but to include no less than five (5) trials (taking testimony) involving claims of medical professional liability, including not less than 15 days of trial (a “day” of trial is not less than six hours) before a Judge and/or jury. There is no alternative to trial experience, unless mandated by federal and/or state law. Should there be a change mandated by federal and/or state law, then under that circumstance, the requirement will be amended pursuant to the federal and/or state mandated law.
 II. Twenty (20) additional contested matters involving claims of medical professional liability encompassing the taking of testimony. This may include trials (jury or non-jury); evidentiary hearings or depositions; and motions heard before or after trial.
 b. Within the three years prior to application, one of the following four conditions must be met:
 I. Five days of trial (taking testimony) involving claims of medical professional liability,
 II. participation in 24 litigated matters involving claims of medical professional liability, either directly handled to conclusion as named counsel who took testimony or in a supervisory capacity to lead counsel,
 III. participation in 24 performances which would include participation in alternative dispute resolution proceedings, depositions or hearings at which either oral argument was made or testimony was taken, involving claims of medical professional liability,
 IV. a combination of trial days, participation in litigated matters or performances which demonstrate substantial involvement in the specific area(s) of professional liability as determined by the Standards Committee of the ABPLA Board of Governors.
o 2. The applicant, for certification in the areas of legal professional liability, must further demonstrate substantial involvement by showing that he or she has appeared as lead counsel for a party or parties:
 a. Within the applicant’s career:
 I. participation in not less than fifteen (15) matters which went to trial, arbitration, or some other form of alternative dispute resolution, involving claims in the area of professional liability for which the applicant seeks certification, at least two of which went to trial (taking testimony).
 II. twenty (20) additional contested matters involving claims in the area of professional liability for which the applicant seeks certification. This may include trials (jury or non-jury); evidentiary hearings or depositions; and motions heard before or after trial.
 b. Within the three years prior to application, one of the following four conditions must be met:
 I. participation in ten (10) matters which went to trial, arbitration, or some other form of alternative dispute resolution, involving claims in the area of professional liability for which the applicant seeks certification.
 II. participation in twenty-four (24) litigated matters involving claims in the area of professional liability for which the applicant seeks certification, either handled to conclusion as lead counsel or in a supervisory capacity to lead counsel,
 III. participation in twenty-four (24) performances which would include depositions or hearings at which either oral argument was made or testimony was taken, involving claims in the area of professional liability for which the applicant seeks certification.
 IV. a combination of trial days, participation in litigated matters or performances which demonstrate substantial involvement in the specific area(s) of professional liability as determined by the Standards Committee of the ABPLA Board of Governors.
• 5. Submission of a trial court memorandum/brief prepared and filed by you no more than three years before the date of application. This shall be a substantial memorandum or brief, stating facts and arguing law, the quality of such memoranda will be considered in determining whether applicants are qualified for certification. Such memorandum/brief must relate to the specific area of professional liability law for which you are seeking certification.
• 6. At least 36 hours of continuing legal education in the past 3 years, which were concerned with the substantive or procedural issues involved in the specific area of professional liability litigation for which you seek certification. Any applicant seeking certification who is licensed to practice law in a state where the minumum cle is more than 36 hours must satisfy the requirements of that particular state bar in order to meet ABPLA certification standards in that state and/or to hold themselves out as a board certified Diplomate of the ABPLA as approved by the American Bar Association in that state. Any applicant licensed to practice law in the state of California must complete a minimum of (45) hours of approved education in the Specialty field within the three (3) year period immediately preceding their application.
• 7. Provision of professional references by three judges and three attorneys familiar with your practice. Such references shall be substantially involved in the relevant field of professional liability litigation and should be familiar with the applicant’s practice in that field.
• 8. Successful completion of one or more of the American Board of Professional Liability Attorneys’ written examination(s) in the specific area(s) of professional liability litigation for which you are seeking certification.
Please note that because of the need for current information, the certification process must be complete within two years of the initial application, or you will be required to re-apply and begin the process over again.
An ABA Accredited Organization
STANDARDS FOR RECERTIFICATION
• A. Good Standing
o 1. The applicant shall furnish evidence of his or her current admission in good standing in one or more states or territories of the United States or the District of Columbia (if admitted in more than one state, or territory of the United States or District of Columbia, then the applicant shall furnish of evidence of his or her current admission in good standing in the state or territory of principal practice).
o 2. Immediately preceding application, the applicant must have spent five (5) years in the actual practice of his or specific area of professional liability law.
• B. Substantial Involvement
o 1. The applicant must make a satisfactory showing of substantial involvement, with at least twenty-five (25) percent of his or her time engaged in the litigation of the specific area of professional liability litigation for each of the three (3) years preceding the filing for recertification, in one or more of the following areas of professional liability:
 a. medical professional liability (includes all health care professionals);
 b. legal professional liability;
o 2. The applicant, for recertification in the area of medical professional liability, must further demonstrate substantial involvement in specialized practice, by showing that he or she has appeared as named counsel who took testimony for a party or parties:
 a. Not less than 5 days of trial (taking testimony) involving claims of medical professional liability for four (4) out of the five (5) years preceding the filing of the application.
 b. As an alternative, in place of the trial day requirement, one of the following:
 I. Participation in 32 litigated matters involving claims of medical professional liability, either directly handled to conclusion as named counsel who took testimony or in a supervisory capacity to lead counsel or,
 II. Participation in 32 performances involving claims of medical professional liability which would include participation in alternative dispute resolutions proceedings, depositions or hearings at which either oral argument was made or testimony was taken or,
 III. A combination of trial days, participation in litigated matters or performances involving claims of medical professional liability which demonstrates substantial involvement equivalent to one of the two subsections above as determined by the Standards Committee of the ABPLA Board of Governors.
o 3. The applicant, for recertification in the areas of legal professional liability must further demonstrate substantial involvement in specialized practice, by showing that he or she has appeared as lead counsel for a party or parties:
 a. Participation in not less that 5 matters which went to trial, arbitration or some other form of alternative dispute resolution, involving claims in the area for which the applicant seeks recertification for four (4) out of the five (5) years preceding the filing of the application.
 b. As an alternative, in place of the above requirement, one of the following:
 I. Participation in 40 litigated matters involving claims in the area for which the applicant seeks recertification, either directly handled to conclusion as lead counsel or in a supervisory capacity to lead counsel or,
 II. Participation in 60 performances involving claims in the area for which the applicant seeks recertification which would include depositions or hearings at which either oral argument was made or testimony was taken or,
 III. A combination of trial days, participation in litigated matters or performances involving claims in the area for which the applicant seeks recertification which demonstrates substantial involvement equivalent to one of the two subsections above as determined by the Standards Committee of the ABPLA Board of Governors.
• C. Educational Experience
The applicant must show that he or she participated in and completed at least thirty-six (36) hours of educational activity, as set forth in Part C of the Certification Standards, during the three years immediately preceding recertification. Any applicant seeking certification who is licensed to practice law in a state where the minumum CLE for board certification is more than 36 hours must satisfy the requirements of that particular state bar in order to meet ABPLA certification standards in that state and/or to hold themselves out as a board certified Diplomate of the ABPLA as approved by the American Bar Association in that state. Any applicant licensed to practice law in the state of California must complete a minimum of (45) hours of approved education in the Specialty field within the three (3) year period immediately preceding their application.
• D. Peer Review
o 1. The applicant shall submit the names of six references, not present partners or associates of the applicant. References are not accepted from persons related to the applicant. Such references shall be substantially involved in the relevant field of trial law, and should be familiar with the applicant’s practice in that field. One shall be a judge of a court of general jurisdiction, or a court of special jurisdiction not limited as to amount, before whom the applicant has appeared as an advocate in the relevant field, not more that three years before application; and two shall be attorneys with whom, or against whom, the applicant has tried a matter in that field within three years of application.
o 2. ABPLA will solicit confidential statements from the three references named by the applicant and may obtain confidential statements of reference from other persons, familiar with the applicant’s practice, not specifically named by the applicant.
• E. Disclosure of Misconduct
The applicant shall comply with Section II, paragraph G (Standards for Certification) in the same manner as an applicant for certification. In addition, a Diplomate must report any pending disciplinary matter to the ABPLA within 60 days of notification of such proceeding.
• F. Annual Reporting

We hope that board certification will enhance our service to clients and draw the attention of fellow lawyers who are looking to associate or refer medical malpractices to us.

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