Doing legal business in Texas

Regulation of the legal profession

The Supreme Court of Texas regulates the legal profession and appoints the members of the Texas Board of Law Examiners.

The board's purpose is to qualify applicants for admission to the State Bar of Texas.

The Supreme Court is responsible for admitting applicants certified by the board as eligible for admission to the State Bar of Texas.

The State Bar of Texas is an arm of the judiciary. It is a mandatory bar association with over 100,000 members. It is responsible for:

• managing grievance procedures
• administering a mandatory continuing legal education programme
• providing general education programmes for both the legal profession and the public

The State Bar of Texas proposes changes to regulation of lawyers, including foreign lawyers. These proposals must be approved in a referendum of all members.

Temporary practice

Texas does not allow foreign lawyers to practise temporarily unless they register as foreign legal consultants (FLCs).

FLCs are required to maintain an office in Texas to practise law in the state.

Texas permits foreign lawyers to represent parties in arbitral proceedings seated in the state.

Foreign legal consultant (FLC) status

UK lawyers seeking to practise in Texas without being admitted into the profession can register as a FLC.

To obtain FLC status, you must:

• have been in good standing as a member of a recognised legal profession in a foreign country for at least three out of the five years before the date of your application
• possess the good moral character and general fitness required for a member of the bar
• be least 26 years of age, and
• intend to practise as a FLC in Texas and to maintain an office in Texas for that purpose

A FLC is considered to be a lawyer affiliated with the Texas Bar. FLCs are entitled to the rights and obligations of a member of the bar. This means that FLCs can employ, be employed by or partner with a Texas attorney.

FLCs must renew their status annually. Renewal requires proof that the applicant completed three hours of minimum continuing legal education in ethics courses accredited by the Texas Bar.

For more information on FLC rules, see rule 14 of the Rules Governing Admission to the Bar of Texas.

Find out more about registering for FLC status.

Texas regulations specifically note that attorney-client privilege applies to FLCs.

Texas has not adopted the ABA model rules allowing lawyers admitted in another US jurisdiction, or in a foreign jurisdiction, to practise as an in-house counsel without being qualified as an attorney in the state.

Only Hawaii and Texas have not adopted some form of the in-house exemption.

However, foreign lawyers can register as FLCs and work as in-house counsel this way.

Requalification

Texas has adopted the Universal Bar Examination (UBE).

Texas has a few different options for foreign educated lawyers wishing to take the bar exam.

Option one

The candidate:

• has completed a course of study based on English common law, and
• the course duration was substantially equivalent to that of an ABA-approved US law school, and
• is authorised to practise law in a foreign jurisdiction, and
• has practised law for at least three of the last five years

Option two

The candidate:

• has completed a course of study at a foreign law school based on English common law for at least two years, and
• has also completed a US LLM degree

Option three

The candidate:

• is authorised to practise law in a foreign jurisdiction whose jurisprudence is based on the principles of English common law, and
• they have completed a US LLM degree

Option four

The candidate:

• has completed a course of study in a foreign law school not based on English common law, and
• the course duration was substantially equivalent to that of an ABA-approved US law school, and
• is authorised to practise law in a foreign jurisdiction, and
• has completed a US LLM degree

As well as meeting all the requirements in one of these options, foreign-qualified lawyers must satisfy several other admissions requirements. These include:

• satisfying the good moral character and fitness requirements
• completing the Multistate Professional Responsibility Examination (MPRE)
• completing the Texas Law Component

For the full list of requirements for admission, see the following rules in the Supreme Court of Texas rulebook:

• rule 2: general eligibility requirements for admission to the bar
• rule 13, section 4: applicants from other jurisdictions

Establishing a law firm

There are no separate requirements for foreign law firms in Texas.

Foreign legal consultants can employ, be employed by or partner with local lawyers. This is a US commitment under the World Trade Organisation.

UK firms have established branch offices in Texas.