Q & A with Judge Paul L. Huey regarding Florida Bar Certification in Business Litigation

By Hank Jackson

How does becoming Board Certified in Business Litigation benefit practicing lawyers, the bench, and the public? What do you hope to see in the future regarding Board Certification? These are some of the questions Hank Jackson (Vice-Chair of the Florida Bar’s Business Litigation Certification Committee) posed to Circuit Judge Paul L. Huey of the Thirteenth Judicial Circuit, Hillsborough County.

Hank Jackson:  Judge, I know that you became Board Certified in Business Litigation before you went on the bench in 2002.  As a private practicing attorney, what prompted you to seek Board Certification?

Judge Huey:  A few things. I wanted to improve and be a better lawyer – in particular in business litigation.  I had started my law career as a transactional lawyer and then decided to transition into business litigation.  Also, I thought being Board Certified would help distinguish myself as a practicing lawyer with both clients and other lawyers.  Finally, I already was contemplating serving as a judge. I believed it would be an important credential to have before a judicial nomination commission.

Hank Jackson:  What did you think of the actual process required to become Board Certified in Business Litigation?

Judge Huey:  It really helped me focus.  I had to come up with a plan to meet the requirements. This included getting enough trial experience, which does not come overnight.  It took me several years – I had to be proactive and seek out opportunities to get trial experience.  I also had to obtain additional CLE’s that were specifically focused on business litigation topics.   Then, there was taking the written exam, which again, required me to focus on business litigation subject areas.  The whole process was making me a better lawyer.

Hank Jackson:  After completing the process and while still in private practice, did your impression of Board Certified Business Litigation Attorneys change?

Judge Huey:  It really confirmed what I was hoping to receive from becoming Board Certified.  It improved my stature and provided me a distinction as a lawyer that I did not previously have.  Prospective clients began calling me for business litigation cases, specifically because I was Board Certified in Business Litigation.  I also think it was also very beneficial when my name went before the Judicial Nomination Committee.  I really believe it was a material contributing factor in my being nominated and appointed as circuit judge.

Hank Jackson:   Now that you have been on the bench for 15 years, from a judicial prospective, how do you view the benefits or importance of Board Certification?

Judge Huey:  I appreciate and value what lawyers have had to do to become Board Certified.  I know it takes planning, diligence, and hard work to accomplish this distinction. Also, because Board Certified lawyers must pass peer review initially and during their recertification, I believe it encourages and leads to more professionalism.  I would also point out that an attorney’s Board Certification status and distinction is often raised in attorney’s fees award hearings to justify an hourly rate or overall fee award.  I certainly believe the certification is an appropriate factor to be considered when determining rates.

Hank Jackson:  Then of course, you also served on the Business Litigation Certification Committee until just recently.  As you know, that Committee is heavily involved in reviewing the applications as well as preparing and grading the written test for Board Certification.   What kind of insight or take away did you gain from serving on the Committee?

Judge Huey:  I learned that it is a serious processA lot of time and thought goes into the entire process. It made me respect Board Certification even more. Sometimes seeing how things are actually done—like making sausage—makes you feel a little uneasy.  But with the Board Certification process, I felt really good about. In fact, better about it after serving on the Committee.  It is process that has a lot of integrity.

Hank Jackson:  What about the public, does it benefit from Board Certification?

Judge Huey:  Yes, I think it is more important than ever for the public. We live in a society where marketing and disinformation are constantly barraging the public.  How do they know what to trust?  I think that the public’s ability to know that an attorney has met all the requirements to become Board Certified is beneficial.

Hank Jackson:  What would you like see happen in the future regarding Board Certification?

Judge Huey:  I would encourage attorneys early in their careers to start thinking about how they can become Board Certified—make it part of their overall career objectives and goals.  It takes planning and hard work, but it is worth it.

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