Since 1979, pursuant to Rule 1:39, there has existed in New Jersey a program for specialty certification of attorneys. At present, certification for qualified persons is available for civil trial attorneys, criminal trial attorneys, matrimonial law attorneys, workers compensation law attorneys or municipal court trial attorneys. Persons in those areas qualified under the rules may be designated as certified attorneys and may receive a case referral “from a lawyer who is not a partner in or associate of that attorney’s law firm or law office [and] may divide a fee for legal services with the referring attorney or the referring attorney’s estate… .” In this age of specialization, the certification program referred to herein has proved useful and has been widely successful. Rule 1:39-1, et al. sets forth the regulations controlling the certification program and the requirements and criteria for attorneys to become certified in the foregoing fields.

One significant specialization area has yet to become the subject of certification. We refer to appellate attorneys. An appeal is not just a rehash of the trial. It is an art form which, when properly executed, can enhance a party’s chance of success on the merits. Because of the importance of that special expertise, it is our recommendation that appellate attorneys be included in the foregoing list of specialization attorneys. We believe that adding the appellate lawyer to the area of attorney certification would be a useful and welcome addition to the areas of specialization for which certification has existed for many years. Certain attorneys will be perceived as having become especially proficient in their fields, and the availability of these specialists will be of value to other attorneys and their clients. Accordingly, we recommend that the Supreme Court consider the addition of appellate lawyers. It is our expectation that the bench and bar will welcome such addition.