For the first time in 2018, the State Bar of Nevada allowed attorneys to attempt to become an expert/specialist in the field of worker's compensation in Nevada. In order for an attorney to become an expert and specialist in the field of worker's compensation, the attorney must meet the following very difficult criteria required by the State Bar of Nevada:
1. The attorney must be admitted to the active practice of law for a minimum of seven consecutive years.
2. The attorney must be in good standing with the State Bar of Nevada.
3. The attorney must practice at least 480 hours per year in the field of worker’s compensation law.
4. The attorney must show a substantial involvement in the worker’s compensation field during five years immediately preceding his application to become a specialist/expert.
5. The attorney has demonstrated honesty and integrity.
6. The attorney has demonstrated professionalism as defined by the Nevada Rules of Professional Conduct.
7. The attorney has demonstrated a high degree of competence in the practice of worker’s compensation. This includes:
A. The attorney has demonstrated a substantially complete knowledge of substantive law and rule of practice, procedure, evidence and ethics pertaining to worker’s compensation.
B. The attorney has demonstrated a high degree of skill, thoroughness, preparation, effectiveness, professionalism, and judgment in worker’s compensation law.
C. The attorney possess a substantially compete knowledge of, and can demonstrate a high degree of skill in, the use of alternative dispute resolution as it applies to worker’s compensation law.
D. The attorney successfully completed a written examination and an oral examination in the area of worker’s compensation law.
E. The attorney is legal competence is measured by the extent to which an attorney:
1. Is specifically knowledgeable about worker’s compensation law;
2. Performs the techniques of such worker’s compensation and practice with skill;
3. Manages such worker’s compensation and practice efficiently;
4. Identifies issues beyond their competence relevant to the matter undertaken, bringing these to the client’s attention; and,
5. Properly prepares and carries through on legal matters concerning worker’s compensation.
8. The attorney has handled a minimum of 50 contested workers’ compensation hearings before the Appeals Office and at least 5 contested Petitions For Judicial Review at the District Court level.
9. The attorney's application was reviewed in order to determine eligibility for certification by the Board of Worker’s Compensation Legal Specialization.
10. The attorney was required to under go a peer review, by submitting at least five names of attorneys, other professional who practice in worker’s compensation, and/or judges before he has appeared before, familiar with his practice. The Specialization Board also selected an additional five names of lawyers, judges or qualified professionals. The references were asked to provide written comments on the attorney on such topics as his knowledge, skill, thoroughness, preparation, effectiveness and judgment, as well as the attorney's ethics and professionalism.
In addition to the above, the attorney must attend extra continuing legal education seminars each year.
It takes a lot to be considered an expert/specialist in the industrial injury field in Nevada.