Wills, trusts and estates: the future.

The future for certification is bright, though critical to its future success is the preservation of its integrity. As stated by Chief Justice Harry Lee Anstead in 1998, "the value of board certification rests entirely on the credibility and integrity of the certification process." (4)

Certifying lawyers is not easy, and the certification program faces many future challenges. One is increased competition. There are other organizations which purport to certify lawyers or suggest that membership implies some special competence in a practice area. Some of these organizations are highly regarded, for example, the American College of Trust and Estate Counsel, while others are more professional marketing organizations in which membership exclusive to a geographic area is "purchased" without a requirement to demonstrate special competence. None of the programs are specific to Florida law, and uniformity in their standards is checkered. By contrast, there has never been any question about the integrity and reputation of The Florida Bar as a certifying organization.

For the Florida certification program not only to survive, but also to prosper in the face of such competition, participants and the public must be informed that being a Florida Bar board certified lawyer is both an honor and a distinction representing measurable and recognized levels of professionalism, competency, and commitment to a particular area or field of law.

In addition to competition, some future challenges include:

1) "Standardizing" the certification exam so that the level of competence expected of a board certified lawyer remains consistent from year to year;

2) Obtaining meaningful peer review;

3) Increasing the number of board-certified attorneys;

4) Increasing public awareness of board certification and its benefits.

To address these challenges, the Wills, Trust and Estates Certification Committee intends to take several actions. The areas to be tested will be more fully described to the participants and to the public The certification exam will continue to fairly test the skill level of all participants in each area. Each year the exam will be responsive to current developments and issues but will also be solidly grounded in the past.

The integrity of the certification program requires that the expertise and ethics of the board certified attorney be confirmed by one's peers. This is not always easy. The importance of peer review and substantial involvement will be emphasized to prospective applicants and board certified attorneys will be encouraged to participate actively in the peer review process.

The committee will seek ways to communicate more effectively with those interested in certification, as Well as those who desire to maintain their certification. Lawyers should be encouraged to participate in those activities which create favorable peer review (e.g., article writing and/or speaking engagements). Like respect, however, positive peer review must be earned.

More objective standards to measure substantial involvement need to be developed. The committee will work to develop indicators of substantial involvement, such as how many hours must be devoted to legal work in order to be actively engaged in the practice of law. Certification must require not only "book knowledge" but also "practical knowledge" developed from life experiences. By setting high and reasonable standards of performance, the integrity of the program will be protected and enhanced.

The increased emphasis on substantial involvement and peer review should have as a byproduct a higher pass rate on the certification exam. A goal of the committee is to increase the percentage of examinees passing the certification exam, without compromising the integrity of the program.

Finally, the committee will work with the BLSE to encourage The Florida Bar's leadership and its sections to heighten awareness of board certification. The committee is focused on future success and given the dedication and hard work of all its members, past and present, the future for certification is indeed bright.

(1) The Florida Bar Re: Petition to Amend the Bylaws Under the Integration Rule of the Florida Bar (Certification Plan), 469 So.2d 743 (Fla. 1985).

(2) The author thanks Dennis R. White (board certified wills, trusts and estates) for records he maintained and compiled of the first nine years of the plan. Dennis successfully passed the first certification exam, was appointed to the certification committee in 1989, served as chair for two terms from 1990 to 1992 and was possibly the most influential chair the committee has had.

(3) The Florida Bar Re Amendment to Rules Regulating The Florida Bar Chapter 6 (Legal Specialization and Education), 548 So.2d 1120 (Fla. 1989).

(4) Florida Bar News, June 1, 1998, at 6.

Rohan Kelley was appointed to the first committee for Wills, Trusts and Estates Certification in 1985 and served as chair in 1988-89. He was in the first class certified in 1986.

Frank T. Pilotte has been a member of the Wills, Trusts and Estates Certification Committee since 1998 and became board certified in 1992.