Ten contested civil trials is the starting number in the Texas Board of Legal Specialization's initial Personal Injury Trial Law requirements. At least five must be personal injury jury trials. The applicant must have served as lead counsel in each qualifying case, in a Texas court of record, with the case submitted to the judge or jury.
There are two counts to check
A list of ten cases doesn't finish the trial requirement. TBLS also requires at least 20 separate trial days across the submitted cases. At least ten of those days must come from personal injury jury trials.
For example, five one-day injury jury trials would meet the minimum number of injury jury cases but fall short of the ten-day requirement for that category. Applicants need records showing both the cases and the time spent trying them. They should check those records against the actual standard before applying.
What did the lawyer do at trial?
People often call the lawyer leading a trial the first chair. TBLS uses “lead counsel” and spells out the work that counts. For a jury trial, the applicant must have primary responsibility and must have handled jury selection, an opening statement or closing argument, and significant direct or cross-examination of live witnesses.
For a bench trial, where the judge decides the case without a jury, primary responsibility and significant live-witness examination are required. A lawyer's name on the pleadings doesn't establish those facts. Nor does attending the trial as an assistant.
Second-chair lawyers can do substantial work. The distinction here concerns whether that work satisfies a particular certification requirement. A lawyer helping another attorney prepare witnesses may have useful experience without having acted as lead counsel under the TBLS definition.
Which proceedings count?
TBLS looks for contested proceedings involving testimonial evidence on claims for relief. Its standard expressly excludes summary-judgment hearings and other pretrial proceedings. Depositions, mediations and motion hearings therefore cannot simply be added to the trial total.
A settlement before trial won't supply a qualifying trial either. If a case settles during proceedings, applicants should examine the submission requirement and ask TBLS how the specific record is treated. Beginning a trial and submitting a case for decision are different events.
What the numbers tell a prospective client
These are initial eligibility minimums. They don't tell you how many trials a particular lawyer has handled since certification, or whether those trials involved injuries like yours. Ask about recent work and who would try your case if it reached that point.
Common questions
Must all ten cases be jury trials?
Five must be personal injury jury trials. The other qualifying cases can include bench trials, provided the remaining rules are met.
Does renewal require ten more trials?
The ordinary five-year renewal standards do not impose another fixed ten-trial requirement. They address continued specialty involvement, education, references and compliance.
Where can I check the wording?
The lead-counsel definition and trial counts appear in the TBLS Personal Injury Trial Law specialty standards. Read them with the general certification requirements; trial history is only part of the application.
Source: TBLS attorney certification standards and Personal Injury Trial Law requirements.
Read the full guide: What It Means to Be Board Certified in Personal Injury Trial Law in Texas.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers