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.
Aaron A. Herbert
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law”. He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients. Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as a the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client. Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Education
Texas A&M University (B.S. Criminal Justice, 1999)
University of Oklahoma College of Law (J.D., 2002)
Professional Associations
Licensed to practice in Texas (2002)
Board Certified in Personal Injury Trial Law – Texas Board of Legal Specialization (2008)
Member
State Bar of Texas
American Bar Association
American Trial Lawyer Association
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Dallas County Bar Association
Tarrant County Bar Association
Million Dollar Advocates Forum
Nation Trial Lawyers – Top 100 Trial Lawyers
Publications
Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009