Certification: a valuable tool for the attorney general's office.

Every law firm, no matter its size, rises or falls on the professional reputation of its attorneys. Recognizing this, I set a goal when I became Florida's attorney general in early 1987 to have the office conduct itself less like a government agency and more like the people's law firm.

Our dealings with the public entities we represent are akin to those between any attorney and client. Like a private law firm, we must solicit and retain "clients." While F.S. Ch. 287 directs most executive agencies to use the attorney general's office when the attorney general determines the office has the staff and expertise to meet the agencies' legal needs, the statute provides numerous exceptions. For example, neither risk management litigation nor matters involving colleges and universities must be handled by the attorney general's office. Because the office is almost always more cost effective than outside private counsel, we recognized that it is in the public interest for the attorney general's office to convince agencies it can handle their legal needs better, quicker, and cheaper even when the agencies have the option of using outside counsel. In addition, the office's ability to obtain the resources to do its job depends largely on satisfying the ultimate client, the citizens of Florida through their legislature. For this reason, we determined that it is important to maintain an exceptional and measurable professional reputation.

With that objective in mind, it was easy to identify an effective avenue for establishing and maintaining our professional excellence and reputation: board certification. Under my direction and that of my chief deputy Richard E. Doran, the office placed a special value on board certification. In fact, the goals and objectives section of the agency's official long-range planning document, Objective 1B, reads, "Broaden scope of experience and specialization levels of legal staff," with success to be measured in part by the percentage of board certified attorneys. I am proud that by the time I left office in 2002, the attorney general's office boasted 36 board certified attorneys--almost 10 percent of the attorneys on staff. This acknowledged expertise is as broad as it is deep, with board certified attorneys in eight different specialized practice areas: antitrust and trade regulation, appellate practice, civil trial, criminal appellate, criminal trial, labor and employment law, real estate, and tax law.

Rule 6-3.5(c)(6), Rules Regulating The Florida Bar, makes it clear that board certification is only for those attorneys who are recognized as having achieved "a level of competence indicating special knowledge, skills, and proficiency in handling the usual matters in the speciality field." Board certification gives the attorney general's office an effective tool to dispel the notion that it is a cheaper, but less expert, alternative to private counsel.

Jerry Curington, the assistant deputy attorney general who oversees general civil litigation, is a strong proponent of board certification because he recognizes its value to the office. "So often in the law you're dealing with subjective measures--`Oh, he's a good lawyer' or `She's got an outstanding reputation.' Here, you've got something objective," he says. "The knock against using the attorney general's office at $55 an hour instead of outside counsel at $85 an hour or more is, `You get what you pay for.' Well, my answer is, we provide so much more than you pay for. Our percentage of board certified attorneys on staff says loud and clear that we compare favorably to the blue-chip private-sector law firms."

A strong commitment to the professional advancement of public sector lawyers led to my active involvement in the creation of the Government Lawyers Section of The Florida Bar. The attorney general's office has been no less aggressive in pursuing board certification, both by giving staff attorneys additional incentives to pursue certification and by recruiting board certified attorneys to become assistant attorneys general.

Although the limitations of the state budget don't allow the office to cover the costs of attaining board certification, the agency does offer its attorneys frequent CLE opportunities, including many free courses that can help defray the high cost of certification. Once an attorney has obtained certification, he or she is eligible for a $1,500 salary increase--not just a one-time bonus, but a recurring, permanent reward for professional advancement.

Managers within the office are encouraged to emphasize the value of board certification. They recognize that the board certification process offers more than just an enhanced reputation; it also develops attorneys whose skills have been honed to the highest levels. At the same time, the attorney general's office places a premium on hiring board certified attorneys whenever possible. Managers are encouraged to take certification into account when making hiring decisions, particularly for the more senior positions. In evaluating prospective employees, managers routinely consider board certification alongside such crucial factors as experience, Martindale-Hubbell ratings and advanced academic achievement including LL.M. and Ph.D. degrees. Board certification makes the applicant more appealing, and it allows managers greater flexibility to offer a more enticing, competitive salary.

"Some of the very best appellate attorneys in Florida work in this office. Board certification is a way for them to get some of the recognition they deserve," says Senior Assistant Attorney General Belle Schumann, who directed a staff of 20 attorneys--half of them board certified--when she served as criminal appeals bureau chief in our Daytona Beach office,

The citizens of Florida deserve nothing less than the best in their public servants, and the attorney general's office has some of the best legal minds in Florida doing the people's work every day. These attorneys typically toil in anonymity, unrecognized by the public and the broader legal community. Thanks to board certification, many of these outstanding attorneys have an effective way to show the public, as well as their private-sector colleagues, that they have the skill and expertise to handle any challenge.

For 20 years, board certification has served as a hard-earned mark of distinction for members of The Florida Bar. Lawyers within the attorney general's office have been encouraged to embrace the value of certification; they have set their minds to achieving it; and they have succeeded in remarkable numbers. A law firm that is home to three dozen board certified attorneys must be considered one of the truly elite firms in this state. I am tremendously proud that the Florida Attorney General's Office is such a "firm," and I know its attorneys will continue to apply their expertise to protecting the interests of the people of Florida.

Robert A. "Bob" Butterworth was elected Florida's attorney general in 1986 following nearly two decades of service as a prosecutor, judge, sheriff, and mayor He was reelected attorney general in 1990, 1994, and 1998. Mr. Butterworth earned a bachelor's degree from the University of Florida and a law degree from the University of Miami Law School. He currently works part-time as a senior judge in Broward County.