Category Archive

June 2, 2025Forming a Firm in Texas When the Owner is Licensed Elsewhere — FAQsShare this PostCan a firm that is incorporated in another state open a firm in Texas? Yes. It is not necessary to incorporate the firm in Texas. However, the firm must be registered with the Texas Secretary of State’s Office to conduct business in Texas. Does the firm need to notify or register with the State Bar of Texas? No. Unlike other state bar associations, the State Bar of Texas does not require firms or lawyers licensed in other states or countries to: notify the State Bar of Texas when a firm is opened or formed in Texas, register the firm or any firm lawyers licensed in other states or countries with the State Bar of Texas, pay a fee, or submit copies of documents filed with the Texas Secretary of State’s Office initially or annually. Must the firm have an attorney licensed in Texas practicing in the Texas office? It depends. If the firm will handle matters involving Texas law, the firm must have an attorney licensed in Texas practicing in the Texas office. The Texas lawyer may practice law as an associate or other …

May 25, 2025Qualifying for an Admission WaiverShare this PostThe Texas Board of Law Examiners is responsible for certifying that applicants are eligible for admission to the State Bar of Texas. The Supreme Court of Texas is ultimately responsible for admitting those applicants as licensed attorneys and members of the State Bar of Texas. The State Bar of Texas is responsible for the regulation and discipline of Texas licensed lawyers.  What To Do if You Require and Admission Waiver Attorneys who are seeking to become Texas licensed attorneys without taking the Texas Bar Examination must meet the eligibility requirements set forth on TBLE’s website. Essentially, you must:  Hold a J.D. from an ABA-approved U.S. law school or satisfy each element of a Rule 13 exemption from the law study requirement. See Rule 13 of the Rules Governing Admission to the Bar of Texas.  Be licensed to practice law in another state.  Have been actively engaged in the lawful practice of law as your principal business or occupation for at least 5 of the 7 years immediately preceding your application.  Score 85 or higher on the MPRE.  Satisfy the requirements of Rule 2(a)(5), meaning you are a U.S. citizen, a U.S. national, …

May 16, 2025FAQs for In-House Counsel Not Licensed in TexasShare this PostDo I need to register with the State Bar of Texas?  No. The State Bar of Texas does not require lawyers who are not licensed in the State of Texas to register or pay a fee.  What rule governs in-house counsel not licensed in Texas?  The Texas Disciplinary Rules of Professional Conduct were recently amended effective October 1, 2024.  Rule 5.05(b) states that “[u]nless authorized by other law, only a lawyer who is admitted to practice in this jurisdiction may hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.”  Rule 5.05 (c) states that “[a] lawyer admitted to practice law in a jurisdiction outside this state, and not disbarred or suspended from practice or the equivalent thereof in any jurisdiction, may provide legal services solely to the lawyer’s employer or its organizational affiliates, provided that this jurisdiction does not require pro hac vice admission.”  The Texas Board of Law Examiners governs admission to the Texas bar, including pro hac vice admission, which is governed by Rule XIX of the Rules Governing Admission to the Bar of Texas.  May I …

May 14, 2025Practicing Remotely in Texas When Licensed ElsewhereShare this PostWith an increase in the number of lawyers who practice remotely, a common question arises: Can a lawyer who is not licensed in Texas practice in Texas? The answer is yes, provided that the lawyer adheres to Texas Disciplinary Rule of Professional Conduct 5.05, effective October 1, 2024, as follows: Cannot Represent as “Texas Licensed” TDRPC 5.05(b) states that a lawyer who is not licensed in Texas cannot hold out to the public or otherwise represent that the lawyer is licensed to practice law in Texas. In-House Counsel Not Licensed in Texas TDRPC 5.05(c) allows a lawyer licensed somewhere other than Texas to provide legal services to the lawyer’s employer or its organizational affiliates, provided that the lawyer has not been disbarred or suspended from practice in any jurisdiction in which the lawyer is licensed and pro hac vice admission is not required in this jurisdiction. Remote Law Practice by Attorney Not Licensed in Texas TDRPC 5.05(d) allows attorneys not licensed in Texas who solely practice federal law or the law of the state or country in which they are licensed to practice law from a temporary or permanent residence …