Rule XIX
Requirements for Participation in Texas Proceedings by
a Non-Resident Attorney
(a) A reputable attorney, licensed in another state but not in Texas, who
resides outside of Texas may seek permission to participate in the proceedings
of any particular cause in a Texas court by complying with
the requirements of Texas Government Code Section 82.0361 concerning payment of
a non-resident attorney fee to the Board of Law Examiners as a mandatory initial
requirement. Upon completion of this requirement and receipt of an
acknowledgment issued by the Board of Law Examiners, the non-resident attorney
shall file with the applicable Texas court a
written, sworn motion requesting permission to participate in
a particular cause. The motion shall
contain:
(1) the office address, telephone
number, and, if available, the telecopier number of the non-resident
attorney movant;
(2) the name and State Bar card
number of an attorney licensed in Texas, with whom the non-resident
attorney will be associated in the Texas proceedings, and that attorney’s office
address, telephone number, and, if available, telecopier number;
(3) a list of all cases and causes,
including cause number and caption, in Texas courts in which the non-resident
attorney has appeared or sought leave to appear or participate within the past
two years;
(4) a list of jurisdictions in
which the non-resident attorney is licensed, including
federal courts, and a statement that the non-resident attorney is or is not an
active member in good standing in each of those jurisdictions;
(5) a statement that the non-resident
attorney has or has not been the subject of disciplinary action by the Bar or
courts of any jurisdiction in which the attorney is licensed within the
preceding five (5) years, and a description of any such disciplinary actions;
(6) a statement that the non-resident
attorney has or has not been denied admission to the courts of any State or to
any federal court during the preceding five (5) years;
(7) a statement that the non-resident
attorney is familiar with the State Bar Act, the State Bar Rules, and the Texas
Disciplinary Rules of Professional Conduct governing the conduct of members of
the State Bar of Texas, and will at all times abide by and comply with the same
so long as such Texas proceeding is pending and said Applicant has not withdrawn
as counsel therein.
(b) The motion of the non-resident attorney seeking
permission to participate in Texas proceedings shall be accompanied by motion of
the resident practicing Texas attorney with whom the non-resident
attorney shall be associated in the proceeding of a particular cause, which
motion shall contain a statement that the resident attorney finds the Applicant
to be a reputable attorney and recommends that the Applicant be granted
permission to participate in the particular proceeding before the court.
(c) The motion of the non-resident attorney shall
also be accompanied by the proof of payment or proof of indigency acknowledgment
issued by the Board of Law Examiners.
(d) The court may examine the non-resident attorney
to determine that the non-resident attorney is aware
of and will observe the ethical standards required of attorneys licensed in
Texas and to determine whether the non-resident
attorney is appearing in courts in Texas on a frequent basis. If the court
determines that the non-resident attorney is not a
reputable attorney who will observe the ethical standards required of Texas
attorneys, that the non-resident attorney has been
appearing in courts in Texas on a frequent basis, that the non-resident
attorney has been engaging in the unauthorized practice of law in the state of
Texas, that other good cause exists, the court or hearing officer may deny the
motion.
(e) If, after being granted permission to participate in the proceedings of
any particular cause in Texas, the non-resident
attorney engages in professional misconduct as that term is defined by the State
Bar Act, the State Bar Rules, or the Texas Disciplinary Rules of Professional
Conduct, the court may revoke such non-resident
attorneys permission to participate in the Texas proceedings and may cite the
non-resident attorney as for contempt. In addition,
the court may refer the matter to the Grievance Committee of the Bar District
wherein the court is located for such action by the Committee as it deems
necessary and desirable.
(f) The filing of a motion under this Rule shall constitute submission to the
jurisdiction of the Grievance Committee for the District wherein the court is
located. The county in which the court is located shall be considered the county
of residence of said non-resident attorney for purpose
of determining venue in any disciplinary action involving said attorney.
Rulebook
since August 29, 2003
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