NOTICE OF AMENDMENT
The following reflects an amendment to Rule XIII. This amendment replaces the
existing rule in its entirety. The amendment became effective December 1, 2005.
Rule XIII
Attorneys From Other Jurisdictions
(a) An attorney holding a valid, active law license issued by another state
shall meet the requirements imposed on any other Applicant under these Rules,
except that:
(1) An attorney holding a valid,
active law license issued by another state is eligible for exemption from the
requirement of successfully completing the Texas Bar Examination, if the
attorney:
(A) has
been actively and substantially engaged in the lawful practice of law in any
state or elsewhere as his/her principal business or occupation for at least five
of the last seven years immediately preceding the filing of the application;
(B) has a
J.D. degree from an approved law school; and
(C) has not
failed the Texas Bar Examination.
(2) An attorney holding a valid,
active law license issued by another state is eligible for an exemption from the
law study requirement for admission to take the Texas Bar Examination, if the
attorney:
(A) has
been actively and substantially engaged in the lawful practice of law in any
state or elsewhere as his/her principal business or occupation for at least
three of the last five years immediately preceding the filing of the most recent
application or re-application; and
(B)
(1) holds a J.D. degree, not based on study by correspondence, from an
unapproved law school that is accredited in the jurisdiction where it exists or
(2) holds the equivalent of a J.D. degree, not based on study by
correspondence, from a law school accredited in the jurisdiction where it exists
and which requires the equivalent of a three-year course of study that is the
substantial equivalent of the legal education provided by an approved law
school.
(b) An attorney holding a valid, active law license issued by a foreign nation
is eligible for admission after passing the Texas Bar Examination and after
meeting all other requirements for admission imposed on any other Applicant
under these Rules, except that:
(1) a foreign nation attorney who
has not completed the law study required under these Rules is eligible for an
exemption from the law study requirement for admission to take the Texas Bar
Examination without holding a J.D. degree from an approved law school if the
attorney:
(A) has
been actively and substantially engaged in the lawful practice of law of said
foreign nation in that nation or elsewhere as his/her principal business or
occupation for at least five of the last seven years immediately preceding the
filing of the most recent application or re-application, and such attorney;
(B) has
been licensed for at least five years to practice law in the highest court of
the foreign nation;
(C) holds
the equivalent of a J.D. degree, not based on study by correspondence, from a
law school accredited in the jurisdiction where it exists and which requires the
equivalent of a three-year course of study that is the substantial equivalent of
the legal education provided by an approved law school; and
(D) meets
one of the following criteria:
(i) demonstrates to the Board that the law of such foreign nation is
sufficiently comparable to the law of Texas that, in the judgment of the Board,
it enables the foreign attorney to become a competent attorney in Texas without
additional formal legal education; or
(ii) holds an L.L.M. from an approved law school.
(2) a foreign nation attorney who
has not completed the law study required under these Rules is eligible for an
exemption from the law study requirement for admission to take the Texas Bar
Examination, without holding a J.D. degree from an approved law school if the
attorney:
(A) has
been actively and substantially engaged in the lawful practice of law of said
foreign nation in that nation or elsewhere as his/her principal business or
occupation for at least three of the last five years immediately preceding the
filing of the most recent application or re-application, and such attorney:
(B) has
been licensed for at least three years to practice law in the highest court of
the foreign nation;
(C) holds
the equivalent of a J.D. degree, not based on study by correspondence, from a
law school accredited in the jurisdiction where it exists and which requires the
equivalent of a three-year course of study that is the substantial equivalent of
the legal education provided by an approved law school;
(D)
demonstrates to the Board that the law of such foreign nation is sufficiently
comparable to the law of Texas that, in the judgment of the Board, it enables
the foreign attorney to become a competent attorney in Texas without additional
formal legal education; and
(E) holds
an L.L.M. from an approved law school.
(c) An attorney applying under this Rule XIII shall furnish to the Board such
proof of his/her active and substantial engagement in the practice of law as
his/her principal business as the Board may require.
(1) Unless otherwise specified in
written policy adopted by the Board, the attorney must hold a valid, active law
license under which the licensee, at all times during the period of practice for
which credit is sought and at the time of filing a Texas application, has been
entitled to engage lawfully in the practice of law in the jurisdiction which
issued the license.
(2) The phrase 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;
(F) any
combination of the preceding categories.
(3) The requirement of active and
substantial engagement in the practice of law as his/her principal business or
occupation cannot be satisfied with practice by an attorney under Rule XIX.
(d) Any attorney applying and qualifying under this Rule XIII is required to
take and pass the Multistate Professional Responsibility Examination (MPRE) as
required under Rule V.
Rulebook
since December 9, 2005
Last modified
February 08, 2007 09:36 AM
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