According to their website, NBTA is a non-profit organization located in Boston, Massachusetts. Founded in 1977, NBTA is dedicated to bettering the quality of trial advocacy in our nation's courtrooms and assisting the consumer of legal services in finding experienced and highly qualified trial lawyers. Theodore I. Koskoff was the Founder and, until 1987, served as the President and Chairman of the Board. In addition to being Senior Partner in the Bridgeport, Connecticut law firm of Koskoff, Koskoff and Bieder, Mr. Koskoff was a pioneer in the field of specialization. He was also a Past President of the Association of Trial Lawyers of America, the Roscoe Pound Foundation and the Connecticut Trial Lawyers Association. NBTA was housed, and fully supported by the Association of Trial Lawyers of America until its move to Boston, Massachusetts, in 1987 when it became an independent nonprofit corporation.

 

NBTA is accredited by the American Bar Association (ABA) to certify lawyers in the specialty areas of civil, criminal and family law trial advocacy. The organization went through a rigorous application process wherein panels were chosen by the ABA-Standing Committee on Specialization to evaluate each aspect of NBTA's structure. This review included not only our standards and certification policies but also an intensive evaluation of all aspects of the operation from financial solvency to a complete screening of all decision makers.

 

The NBTA philosophy is that bona fide attorney certification programs--particularly in trial advocacy--can substantially advance the public interest. Over fifteen years ago, then-Chief Justice Burger commented that "some system of certification for trial advocates is an imperative and long overdue step." Burger, The Special Skills of Advocacy: Are Specialized Training and Certification of Advocates Essential to Our System of Justice? 42 Fordham L.Rev. 227 (1973.)

 

In his view, the absence of certification programs "has helped bring about the low state of American trial advocacy and a consequent diminution in the quality of our entire system of justice." pg. 230 He expressly endorsed "certification of the one crucial specialty of trial advocacy that is so basic to a fair system of justice and has had historic recognition in the common law system." pg. 239

 

NBTA' s areas of certification are civil, criminal, family law trial advocacy, and social security disability. The standards set forth by the Board of Directors are challenging and meaningful. NBTA is a voluntary certification. It is not a requirement to practice law and, therefore, any lawyer who has taken the extra time and effort to achieve this credential can be justifiably proud. A consumer of legal services who chooses an NBTA member can be sure of obtaining a highly experienced trial law practitioner.

 

The driving force behind the organization is the Board of Directors which consists of nationally known trial lawyers, educators and judges.

 

The president is Barry J. Nace of Paulson and Nace, a Washington, D.C. law firm. Mr. Nace has more than 35 years experience as a trial lawyer with emphasis on medical malpractice, products liability and complex civil litigation. He has served as president of the Association of Trial Lawyers of America. He is also an elected member of the American Law Institute and the International Academy of Trial Attorneys. He has served as a frequent lecturer on continuing legal education programs and numerous law schools on various aspects of trial practice.

NBTA is endorsed and sponsored by well known national and international organizations. They are the: American Academy of Matrimonial Lawyers, American Board of Professional Liability Attorneys, Association of Trial Lawyers of America, Federation of Insurance and Corporate Counsel, Inner Circle of Advocates, International Academy of Trial Lawyers, International Association of Defense Counsel, International Society of Barristers, National Association of Criminal Defense Lawyers, National Association of Women Lawyers and the National District Attorneys Association. The endorsement of these organizations speaks to the diversity of attorneys who become NBTA board certified.

 

To date, there are over 2400 members; 1950+ Civil Diplomates, 215+ Criminal Diplomates and over 30 Family Law Diplomates. Moreover, there are approximately 800 active applicants at any given time. From 1980-1987, NBTA board certified almost 900 attorneys. In the subsequent four years, the number of members increased by over 50%. This acknowledges the trend of specialization in the legal profession and the need to have verifiable methods by which to enable the consumer to choose a qualified and experienced trial lawyer.

 

It is important to note that every NBTA board certified attorney has met all the standards (Civil, Criminal, Family Law, or Social Security Disability) for initial certification and recertification. There have been no exceptions and no attorney has ever been "grandfathered" in or waived from any requirement.

 

The standards are as follows:

 

Good Standing: Applicants must be a member of the bar in good standing. All applicants submit a comprehensive history of professional conduct and disclose any disciplinary action, past or pending. Disclosures of misconduct are reviewed and ruled on by three members of the Board of Directors who serve as the Standards Committee, to determine the severity and implication thereof in granting the attorney board certification. The Standards Committee is Chaired by Judge Paul Leary of Brookline, Massachusetts.

Concentration in the Specialty of Trial Advocacy: A minimum of 30% concentration in the field in which the attorney seeks certification for at least the three years immediately preceding application.

 

Writing Sample: Submission of a writing sample in the form of a trial brief, prepared by the applicant, and submitted to a court of law within the three years immediately preceding application for certification.

Continuing Legal Education: Participation in at least 45 hours of continuing legal education in the three years immediately preceding application. The educational seminars must pertain to trial advocacy in the field in which the attorney seeks certification.

Judicial and Attorney Peer Review: Provision of three judges and three attorneys familiar with the applicant's courtroom abilities.

 

Trials: Lead counsel in a number of trials to verdict or judgment and a sampling of other trial and courtroom skills that are documented in checklist form.

 

Lead Counsel in Contested Matters: In addition to the trials, all applicants must document lead counsel in 40 contested matters involving the taking of evidence, such as hearings, motions or depositions.

 

Examination: Applicants must successfully pass the NBTA examination which is an all essay, trial techniques, evidence and ethics exam lasting six hours. The exam is written and graded by trial lawyers and law professors. The exam process is overseen by the NBTA Examination Committee and Board of Examiners. The Chair is Yale Law School Professor, Stephen Wizner.

 

The requirements for certification must be successfully met within two years of applying, in accordance with the guidelines set forth by the membership director. This is necessary to keep all information as current as possible.

 

Once an attorney has met and documented the standards for NBTA certification Civil, Criminal, or Family Law, or Social Security Disability), he or she remains an active member for five years, subject to annual reporting which continues to meet the requirements of the Standards Committee. All members have an ongoing responsibility to inform NBTA of any misconduct which may arise during the course of the certification. Good standing is also confirmed on an annual basis by way of a formal annual reporting component of the NBTA certification. All misconduct matters are reviewed and ruled upon in the same fashion as initial certification. Once the five year period is completed, the member is required to apply for recertification.

 

On June 4, 1990, NBTA was victorious on the US Supreme Court level in the case of Peel v. Attorney Registration and Disciplinary Commission of Illinois. In their opinion, The Court stated;

 

"We find NBTA standards objectively clear, and, in any event, do not see why the degree of uncertainty identified by the State Supreme Court would make the letterhead inherently misleading to a consumer. A number of States have their own certification plans but there is no evidence that the consumers in any of these States are misled if they do not inform themselves of the precise standards under which claims or certification are allowed."

 

Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281 (1990).

 

There are 11 States which have their own certification plans: Arizona, Arkansas, California, Florida, Louisiana, New Jersey, New Mexico, North Carolina, South Carolina, Texas and Utah. Twelve states have formally approved NBTA certification. These include: Alabama, California, Connecticut, Georgia, Idaho, Indiana, Kentucky, Minnesota, Ohio, Pennsylvania, South Carolina, and Texas. Additionally, several states have adopted rules formally recognizing ABA accredited agencies. These include: Delaware, Florida, Hawaii, Maine, Mississippi, New Jersey, North Carolina, South Dakota, Tennessee, Vermont and Wisconsin, and several others are investigating adoption of approval mechanisms for the recognition of attorney certification programs.

 

In the States where NBTA is an authorized and approved certifying agency, there was a rigorous application process. In Texas and Ohio NBTA was the first approved outside certifying agency, while in Indiana NBTA was one of the first two accredited at the same time. In Minnesota, NBTA is one of two certifying agencies, with the second being the Minnesota State Bar for whom NBTA is the authorized examiner for the Civil Trial certification. NBTA's standards and policies were used as the model for Minnesota when they developed their certification program. NBTA also serves as the official examiner in Arizona for their certifications in Wrongful Death/Personal Injury Litigation and Criminal Trial Law and New Mexico for that Board's certification in Civil Trial Law.

 

NBTA's certification procedures are widely recognized as exemplary. The Task Force on Lawyer Competence of the Conference of Chief Justices found in a 1982 report that:

 

The National Board of Trial Advocacy, a national certification program that provides recognition for superior achievement in trial advocacy, uses a highly-structured examination to select its members ...

 

[Certification by the National Board of Trial Advocacy is an arduous process that employs a wide range of assessment methods and entails considerable cost to the candidate.

 

Report with Findings and Recommendations to The Conference of Chief Justices, May 26, 1982 (Publication Number NCSC-021).

 

The Supreme Court of Minnesota has recognized that "NBTA applies a rigorous and exacting set of standards and examinations on a national scale before certifying a lawyer as a trial specialist, either criminal or civil or both." In re Johnson, 341 N.W.2d 282, 283 (Min. 1983); see also ex parte Howell, 487 So2d 848 (Ala. 1986).

 

The Board of Directors is very active and continually reviewing and participating in all levels of policy decision and implementation. The home office staff is conscientious and dedicated to strictly adhering to and implementing all Board set procedures.

 

As the US Supreme Court stated in their opinion:

 

"There is no dispute about the bona fides and the relevance of NBTA certification. The [Attorney Registration and Disciplinary] Commission's concern about the possibility of deception in hypothetical cases is not sufficient to rebut the constitutional presumption favoring disclosure over concealment. Disclosure of information such as that on petitioner's letterhead both serves the public interest and encourages the development and utilization of meritorious certification programs for attorneys."

 

Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281, (1990).