Ward and Smith attorneys Grant Osborne and Will Oden led a committee petitioning the North Carolina Board of Legal Specialization, the North Carolina State Bar, and ultimately, the North Carolina Supreme Court to create a new certified legal specialty in Employment Law.
The North Carolina Supreme Court authorized the specialty on March 20, 2024.
This represents a significant milestone for employment law attorneys in North Carolina. Later this month, the North Carolina State Bar will administer a "beta exam" – a trial run of the specialty examination that lawyers wishing to be certified in the specialty must pass.
In addition to passing the exam, attorneys will also need to provide peer reviews, prove substantial practice in the field, and take Continuing Legal Education in the field each year to be recognized as Board Certified Specialists in Employment Law.
A Rigorous Process
Establishing a new specialization is no small feat. It requires a deep understanding of relevant rules and related formal processes established and administered by the North Carolina State Bar Board of Legal Specialization.
Osborne and Oden were involved from the start.
“Employment law has grown increasingly complex over many years, so much so that it has become increasingly difficult for generalists to keep up with rapid developments in federal and state statutes, regulations, and common law," Osborne said. "This specialization addresses the need for more objective proficiency in the field. We are gratified that the State Bar agreed.”
Oden added, “We’re creating a clear pathway for employment attorneys to demonstrate their knowledge and experience in a measurable and objective way, which will provide both employers and employees with another way of ensuring that they are working with qualified professionals.”
The success of this initiative was greatly aided by Phil Gibbons, who primarily represents employees rather than management and whose guidance and experience were essential in helping the team navigate the approval process of the specialization. "Phil's contributions were invaluable in seeing this through to completion," Osborne noted.
The Employment Law Specialty Committee
The new specialization was shaped by the Employment Law Specialty Committee, of which Osborne is the chairperson, and Oden and Gibbons are the co-vice chairs. With the considerable input and assistance of Brian Oten and Denise Mullen of the State Bar, they and other Specialty Committee members crafted the specialty's certification criteria and examination.
Members of the Employment Law Specialty Committee include the following attorneys:
- Grant Osborne (chair)
- Will Oden (co-chair)
- Phil Gibbons (co-chair)
- Joseph Austin
- Kevin Murphy
- Nicole Patino
- Mimi Soule
Ken Gray, who leads Ward and Smith's Labor and Employment section, serves on the Advisory Committee, which also played an essential role in developing the certification. Other members of that Committee include:
Looking Ahead to the Beta Exam
As the employment law specialization enters its final stage of development, the North Carolina State Bar will hold its beta exam on October 21, 24, and 25, 2024. This will mark the first step toward full certification for employment law attorneys in North Carolina.
“We’re excited to see this specialization launch,” Osborne remarked. “It will encourage attorneys who practice employment law to acquire a certification that will demonstrate, in a new and objective way, that they are well-equipped to handle clients' needs in our complex and evolving field.”
Oden concluded, “This specialization indicates the State Bar's commitment to advancing proficiency in our field and will help to educate employers and employees about North Carolina lawyers who have demonstrated that proficiency in an objectively reliable way.”
