A lawyer applying for Personal Injury Trial Law certification has to pass a written specialty examination. The Texas Board of Legal Specialization uses it to test the applicant's knowledge of the field. It comes alongside the experience requirements, so someone cannot earn certification by studying for the test alone.
What is being tested?
Personal injury work can involve a disputed collision, an unsafe product or an injury on someone else's property. Across those cases, the lawyer may need to deal with evidence, procedure, medical proof and damages. An examination in this specialty concerns the law and practice the applicant would need to understand to claim special competence.
Candidates should use the current TBLS examination materials to find the subjects and format for their application year. A general article cannot tell an applicant which questions will appear. It also shouldn't be treated as an exam syllabus.
The exam comes after eligibility review
An experienced lawyer still has to submit an application and obtain approval to sit for the examination. TBLS reviews the relevant practice history, courtroom experience, education and references. Examination fees and deadlines are separate items to check in the application instructions.
The administrative rules address arrangements such as disability accommodations and exam security. Candidates who need an accommodation should consult those procedures early enough to make the required request. Waiting until the examination date can leave little time to resolve missing paperwork.
What happens after an unsuccessful attempt?
An approved applicant can take the exam in the application year. There may be another opportunity the following year, but TBLS has to review and reapprove the candidate. Three failed attempts in the same specialty bring a longer wait: the standards bar that candidate from the next three years of examinations in that specialty. Before booking a course or making travel arrangements, a returning candidate should ask TBLS which examination year is available.
What this means when choosing a lawyer
The examination gives a client one fact about the lawyer's background: the attorney demonstrated the knowledge TBLS required for initial certification. It doesn't tell you how the lawyer will answer a new question in your case. Research is still necessary, particularly when courts change the law or the facts raise an unfamiliar issue.
You can ask a certified lawyer about recent cases, the questions your claim is likely to raise and who will do the work. Those answers help you evaluate the representation you would actually receive.
Common questions
Does long experience make the exam optional?
Ordinary initial certification includes the examination. Extensive practice alone is not a reason to assume it can be skipped.
Is the same test required at every renewal?
Ordinary recertification is a different process. The published framework calls for continued specialty work, education, references and compliance rather than routine repetition of the initial exam.
Does certification identify the best lawyer?
It identifies a lawyer who met a defined specialty standard. TBLS certification does not rank all Texas injury lawyers or promise a result in an individual case.
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