texas

bar admission administrative agency:
 
executive director
texas board of law examiners
p.o. box 13486
austin, tx 78711-3486
tel: 512/463-1621
fax: 512/463-5300
website: http://www.ble.state.tx.us/
website: http://www.texasbar.com/
website: http://www.tbls.org/
 
 
bar admission options:
 
without bar examination
a u.s. citizen or lawful permanent resident who meets the state bar requirements listed below and who has been admitted to practice in the highest court of any state whose licensing standards are equivalent to or greater than those of texas, may be admitted without examination if the applicant:
1. has taken and passed a bar examination (including the mpre with a scaled score of 85 within five years) [note: a passing mpre score is valid for five years from the date the mpre is taken, unless the exceptions set out in (1) or (2) below extend such score.
(1) if an applicant has a valid, passing mpre score on the date (s)he takes the texas bar examination or short form examination, and the applicant passes that particular examination, the mpre score is deemed to be valid for licensing purposes for a period of no more than two years from the date the applicant is notified that (s)he has passed that examination.
(2) if an applicant who is eligible for admission without examination under rule xiii(a)(1) has a valid, passing mpre score on the date (s)he files his/her application, the mpre is deemed to be valid for licensing purposes if the applicant is notified that (s)he has met the requirements of rule xiii(a)(1) and is eligible to be licensed.];
2. is a member in good standing of the bar of another jurisdiction;
3. has failed neither the last texas bar examination ("full bar examination") taken nor the last short form examination (effective december 31, 2000, the short form examination is no longer offered.) taken in texas; and
4. has been actively and substantially engaged in the practice of law as a principal business or occupation for at least five of the immediately preceding seven years. for this purpose, "practice of law" shall include:
(a) private practice as a sole practitioner or for a law firm, legal services office, legal clinic, public agency, or similar entity;
(b) practice as an attorney for an individual, a corporation, partnership, trust, or other entity, with the primary duties of furnishing legal counsel and advice, drafting and interpreting legal documents and pleadings, interpreting and giving advice regarding the law, or preparing, trying or presenting cases before courts, departments of government or administrative agencies;
(c) practice as an attorney for local, state, or federal government, with the same primary duties described in the preceding subsection;
(d) employment as a judge, magistrate, referee, or similar official for the local, state, or federal government, provided that such employment is open only to licensed attorneys;
(e) employment as a full-time teacher of law at a law school approved by the american bar association; or
(f) any combination of the preceding categories.

the following activities in texas, without holding a texas law license, shall constitute the lawful practice of law, for purposes of meeting the practice requirements of rule xiii(a), “rules governing admission to the bar of texas:”
a. employment in texas as in house or corporate counsel for a company or business having offices in texas if:
1. the individual so employed holds a valid, active law license issued by another state (including any territory of the united states, as well as the district of columbia) and is not prohibited by the laws and rules of the issuing jurisdiction from the activities for which the individual is employed; and
2. the individual has not taken any of the following actions, agrees not to do so until licensed in texas, and submits so affirming:
a. appear for the corporation in texas courts, either in person or by signing pleadings;
b. interpret texas law or give any advice concerning texas law for anyone other than the corporation;
c. participate in the texas representation of any client other than the corporation, in any manner;
d. prepare any legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, or transfer or release of lien, as proscribed by sec. 83.001, tex. gov. code ann.; or
e. render, to anyone except the corporation, any service requiring the use of legal skill or knowledge or perform any other act constituting the practice of law under sec. 81.101, tex. gov. code ann. code ann.

b. employment in texas as a military attorney with the united states armed forces, if:
1. the individual so employed holds a valid law license issued by another state(including any territory of the united states, as well as the district of columbia) and is not prohibited by the laws and rules of the issuing jurisdiction from the activities for which the individual is employed; and
2. the individual has not taken and agrees not to take any of the following actions until licensed in texas, except within the scope of employment by the united states government and as authorized by federal law or regulation, and submits an affidavit so affirming:
a. appear in texas courts, either in person or by signing pleadings;
b. interpret texas law or give any advice concerning texas law for anyone other than the clients authorized by federal statute or regulation;
c. participate in the texas representation of any client, in any manner;
d. prepare any legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, or transfer or release of lien, as proscribed by sec. 83.001, tex. gov. code ann.; or
the use of legal skill or knowledge or perform any other act constituting the practice of law under sec. 81.101, tex. gov. code ann.

c. verifiable employment or self-employment in texas in the practice of exclusively federal law if:
1. the individual so employed holds a valid, active law license issued by another state (including any territory of the united states, as well as the district of columbia) and is not prohibited by the laws and rules of the issuing jurisdiction from the activities for which the individual is employed; and
2. the individual so employed has met the prerequisites for licensure by the federal jurisdiction in which such practice occurs, and is lawfully licensed by such jurisdiction; and
3. the individual has not taken any of the following actions, agrees not to do so until licensed in texas, and submits an affidavit so affirming:
a. appear in texas courts, either in person or by signing pleadings;
b. interpret texas law or give any advice concerning texas law other than in a federal court proceeding;
c. participate in the texas representation of any client, in any manner;
d. prepare any legal instrument affecting title to real property, including a deed, deed of trust, note, mortgage, or transfer or release of lien, as proscribed by sec. 83.001, tex. gov.. code ann.; or
e. render, other than in a federal court proceeding, any service regarding texas law requiring the use of legal skill or knowledge or perform any other act constituting the practice of law under sec. 81.101, tex. gov.. code ann.

ii. employment in another state (including any territory of the united states, as well as the district of columbia) as in-house or corporate counsel, military attorney, or verifiably exclusively federal practice shall constitute the lawful practice of law, for purposes of meeting the practice requirements of rule xiii(a), rules governing admission to the bar of texas, provided that:
a. the individual holds a valid, active license issued by each jurisdiction in which the practice occurs, except that a military attorney, while so employed may hold a valid, inactive license issued by any state (including any territory of the united states, as well as the district of columbia); or
b. the jurisdiction (state and/or federal) in which the practice occurs regards such practice as lawful and so confirms in writing to the board.

iii. the following activities, whether occurring in texas or any other jurisdiction, shall not constitute the practice of law for purposes of meeting the practice requirements of rule xiii(a), rules governing admission to the bar of texas:
a. employment as a "landman," unless the employer confirms that at the time of hiring the individual, the requirements of the job included both a law degree and a valid, active law license;
b. employment as a trust officer, unless the employer confirms that at the time of hiring the individual, the requirements of the job included both a law degree and a valid, active law license;
c. employment in any job entailing some legal work but for which a law degree and a valid, active law license is not required;
d. employment as in-house or corporate counsel without holding a valid, active law license issued by another state (including any territory of the united states, as well as the district of columbia);
e. employment as a military attorney without holding a valid law license issued by another state (including any territory of the united states, as well as the district of columbia);
f. practicing federal law under a federal license without also holding a valid, active law license issued by another state (including any territory of the united states, as well as the district of columbia);
g. practicing law in a foreign office of a united states law firm without holding a valid, active law license issued by the united states, as well as the district of columbia) or the foreign nation where the practice occurs;
h. working for a law firm between law school graduation and licensure to practice law in such jurisdiction;
i. pro hac vice practice in any jurisdiction, including texas;
j. working as a public adjuster;
k. working as an insurance adjuster;
l. working as a legal assistant or paralegal under the supervision of a licensed attorney.
 
application/admission fees: $890.00.
 
with bar examination
examination required for all other applicants.

examination components:
1. academic: mbe, one mpt question, texas essay questions, and procedure and evidence questions.
2. ethics: mpre scaled score of 85 is transferable from any jurisdiction and valid for five years from the date the mpre is taken.
note: a passing mpre score is valid for 5 years from the date the mpre is taken unless the following exception extends such score.
if an applicant has a valid, passing mpre score on the date (s)he takes the texas bar examination, and the applicant passes that particular examination, the mpre score is deemed to be valid for licensing purposes for a period of no more than two years from the date the applicant is notified that (s)he has passed that examination.
 
examination dates:
february (file between june 30 and august 30)
july (file between november 30 and january 30)

late applications with additional fees are accepted until october 30 of the preceding year for the february examination and until march 30 for the july examination.
 
application/admission fees:
$1,040.00 for u.s.-licensed attorneys, plus $50.00 typing fee if you choose to type the examination. $150.00 late fee imposed if filed after deadline.
 
 
other state bar requirements:
 
1. minimum age: 18
 
2. character check by the texas board of law examiners prior to examination.
 
3. u.s. citizen or national, permanent resident alien, or an alien otherwised authorized to work lawfully in the u.s.
 
4. graduate of an aba-approved law school at time of matriculation. an applicant who otherwise qualifies but whose (non-correspondence school) law degree is from an unapproved law school may take the texas bar examination if (s)he has been actively and substantially engaged in the lawful practice of law in any state as his/her pricipal business or occupation for at least three of the last five years immediately preceding the filing of the application.
 
5. required membership dues: $68.00 (if licensed fewer than three years); $148.00 (if licensed three to five years); $235.00 (if licensed more than five years). licensed attorneys must also pay a $200.00 annual attorney occupation tax. note: attorneys age 70 and older are exempt from paying these membership dues and the attorney occupation tax.
 
 
regulation of in-house counsel
 
texas bar admission rules cover in-house counsel (see without bar examination, paragraph 4, above).
 
 
bar association status:
 
[x] mandatory (see required annual fees above.)
 
[ ] voluntary
 
 
specialty certification
 
attorneys may be certified by the texas board of legal specialization (tbls) in one or more of the specialty areas listed below.
 
areas of specialization include:
 
1. administrative law
2. business bankruptcy law
3. civil appellate law
4. civil trial law
5. commercial real estate law
6. consumer bankruptcy law
7. consumer and commercial law
8. criminal law
9. estate planning and probate law
10. family law
11. farm and ranch real estate law
12. health law
13. immigration & nationality law
14. juvenile law
15. labor and employment law
16. oil, gas and mineral law
17. personal injury trial law
18. residential real estate law
19. tax law

requirements for qualifying for specialty certification:
1. a minimum of five years of actual practice of the law on a full time basis.
2. a satisfactory showing, as determined by the tbls, after advice from the appropriate advisory commission, of a substantial involvement in the particular area of law for which certification is sought for such reasonable period of time immediately preceding certification as may be determined by the tbls after advice from the advisory commission. "substantial involvement", as used in these standards, shall be defined by the tbls as to each particular area of law from a consideration of its complexity and distinction from other areas, and from consideration of the time and extent of necessary devotion to the particular area of practice.
3. a satisfactory showing, as determined by the tbls, after advice from the appropriate advisory commission, of such educational experience in the particular area of law for which certification is sought as the tbls deems advisable.
4. passing a written examination applied uniformly to all applicants before certification to demonstrate sufficient knowledge, proficiency and experience in the area of law for which certification is sought and in the various areas of law relating to such area as is necessary to justify the representation of special competence to the legal profession and to the public.
5. passing an oral examination, if determined to be advisable by the tbls, with the advice of the appropriate advisory commission.
6. payment of any fee required by the tbls.

duration: no certificate of special competence shall be issued or renewed for a period longer than five years.

advertising of specialty:
(1) rule 7.04(b)(2)( i ) of the texas disciplinary rules of professional conduct (tdrpc) allows an attorney who has been awarded a certificate of special competence by tbls to state that he or she is "board certified [area of law] texas board of legal specialization".

(2) rule 7.04(b)(2)( ii ) of the texas disciplinary rules of professional conduct (tdrpc) allows an attorney who is certified by an organization which has been accredited by tbls to state that he or she is "certified [area of specialization] [ name of certifying organization]".

an attorney who advertises in the public media that he or she practices in a certain area of law must state that he or she is "not certified by the texas board of legal specialization" if the area advertised is one recognized by tbls.

if the area advertised is not one recognized by tbls, the attorney may add this to the disclaimer above:

"no designation has been made by the texas board of legal specialization for a certificate of special competence in this area".