What Board Certification in Civil Trial Law Required of Todd Mensing in Texas

Most states do not have a formal system for identifying which lawyers actually go to court and try cases. Texas does. The Texas Board of Legal Specialization runs a certification program that imposes specific experience thresholds, testing, and peer review on any attorney who wants to call himself a specialist in a given practice area. TBLS has operated under the jurisdiction of the Supreme Court of Texas since 1974, and board certification remains the only way a Texas lawyer can legally use the word "specialist." The State Bar bars any other use of the term in attorney advertising.

Todd Mensing, a lawyer and named partner at Houston-based Ahmad, Zavitsanos & Mensing (AZA Law), earned board certification in Civil Trial Law in January 2011. Having tried over 60 cases, he holds a distinction earned by an average of fewer than five attorneys per year statewide. His path to certification offers a useful window into what the credential demands, and why only about 800 attorneys in the entire state carry the Civil Trial Law designation out of roughly 120,000 licensed to practice.

Five Years of Practice and 20 Trials

TBLS describes civil trial law as the litigation of civil controversies across all areas of substantive law, in both state and federal courts. That umbrella covers contract disputes, business torts, real estate conflicts, construction claims, energy litigation, and personal injury matters, among others.

Before an applicant can sit for the exam, TBLS requires five years of full-time law practice as an active State Bar member. At least three of those years must involve substantial civil trial work, with a minimum of 35% of practice time devoted to the area during each qualifying year. Todd Mensing is a lawyer who was licensed in November 1999 and helped form AZA in 2001; he had been trying commercial and intellectual property cases for roughly a decade by the time he applied.

Courtroom requirements go further. Applicants must document at least 20 contested civil cases tried in a Texas court of record or federal court, each involving more than $25,000 in controversy or significant non-monetary claims. Seven of those 20 must be jury trials where the applicant served as lead counsel and submitted the case to the jury. TBLS also requires demonstrated participation in jury selection for at least five of those trials. These figures are verified through documentation and cross-referencing.

Peer References and a Judge's Assessment

Every applicant must submit at least five peer references: four from Texas attorneys with substantial civil trial law experience, one of whom has tried a case with or against the applicant, and a fifth from a judge before whom the applicant has appeared as an advocate.

TBLS does not merely ask whether the reference knows the applicant. Each reference must affirmatively state whether the applicant should be certified. An applicant can be approved with fewer favorable references only if geographic isolation or a narrow practice scope justifies the shortfall, an exception with little relevance for lawyers practicing in a legal market the size of Houston's.

A Six-Hour Written Exam

After clearing the experience and reference gates, the remaining barrier is a comprehensive six-hour written examination administered once per year in Austin. Three essay questions occupy the morning session, each worth 100 points and built around detailed fact patterns requiring issue identification and analysis. One hundred multiple-choice questions fill the afternoon, 10 focused on professional ethics. Applicants need a 350 out of 500 to pass.

Todd Mensing is a lawyer who graduated in the top five percent of his class at UT Law and earned his undergraduate degree with honors from Stanford University. For him, the academic portion of the exam followed years of applied courtroom work at AZA, where his practice covers commercial and intellectual property disputes involving energy, technology, healthcare, construction, real estate, executive employment, and finance and lending.

Why the Number Stays Small

Passing does not make the certification permanent. TBLS mandates recertification every five years. During each cycle, a board-certified attorney must log 75 hours of continuing legal education specific to the specialty, maintain at least 25% of practice time in civil trial law, remain an active State Bar member, and provide new peer references confirming ongoing competence. Attorneys leave the program when they shift practice areas, scale back their trial work, or decide the renewal demands more effort than they want to commit.

More than half of board-certified attorneys in Texas have held the credential for over a decade, according to data compiled by Lawyer Legion. That longevity figure reflects both the dedication required to keep the designation and the attrition that naturally thins the ranks over time.

Mensing's peers also assessed his work through Martindale-Hubbell's rating system in 2016, awarding him an AV Preeminent score of 4.9 out of 5.0. Peer reviewers described him as "highly able and ethically strong.” Board certification and peer review operate on different tracks, but they test overlapping qualities: courtroom ability, ethical conduct, and standing among fellow practitioners.