Lawyers enter the candidate pool by being formally nominated by a peer or if identified by the research department during the research process.
Formal nominations
Once a year, we invite lawyers in each state to nominate the top attorneys they’ve personally observed in action. Lawyers may nominate attorneys in their own firm, but these nominations count only if each in-firm nomination is matched by at least one out-firm nomination.
Each nomination carries a point value. An out-firm nomination has substantially greater point value than an in-firm nomination. Lawyers cannot nominate themselves, and must limit their nominations to others who practice in the same state.
Our procedures and database have several safeguards that prevent lawyers from “gaming” the system. For example, we track who nominates whom. This helps us detect any excessive “back-scratch” nominations (lawyers nominating each other) and “block nominations” (where members of the same law firm all cast identical nominations). We also prohibit lawyers from engaging in “campaigning” or solicitation of nominations from other lawyers.
While important, the nomination phase is simply the first step in our process. It puts lawyers on our radar for further research and evaluation, and awards points in our rating system. But we limit the value of those points so that no matter how many nominations one receives, it will not guarantee selection.
Research process
Our attorney-led research staff searches for lawyers who have attained certain honors, results or credentials, which indicate a high degree of peer recognition or professional competence. For example, certification as a specialist in a particular area of practice, or admission to prestigious colleges or academies, e.g., The American College of Trial Lawyers. The staff identifies these credentials by reviewing a proprietary list of database and online sources, including national and local legal trade publications.
Most of the lawyers we identify in this process have also been nominated by their peers. Occasionally, however, we find outstanding lawyers who have been overlooked in the nomination process. These may include: lawyers with national litigation practices who rarely appear in the courts of their home jurisdiction; lawyers in smaller firms or from smaller communities; and lawyers practicing in less visible or highly specialized practice areas.
Informal nominations
Throughout the year, readers, clients and attorneys who are not eligible to formally nominate (that is, actively licensed to practice in the same state as the nominee) send us names of lawyers we should consider for inclusion. Though no points are awarded, we add these lawyers to the candidate pool for further research and evaluation.