Rule 5.05 MJP/UPL Current

A lawyer shall not:

(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.

Rule 5.05 and Comments

In-House Counsel Rule

Texas does not have a in house counsel rule permitting out-of-state lawyers to practice law in-state for corporate clients without having to take and pass the Texas bar examination. However, certain in-state activities by out-of-state lawyers, including specified legal work for a corporate employer, are not deemed to be the unlawful practice of law pursuant to a Policy Statement on Practice Requirements for Rule XIII issued by the Texas Board of Law Examiners.

Pro Hac Vice

Pro hac vice is governed by Texas Supreme Court Rule XIX. The fee pursuant to Subchapter B Chapter 82 of the Government Code Section 82.0361 requires a fee of $250. After filing the Application For Pro Hac Vice Admission and fee, the next step is to file a sworn motion, in compliance with Rule XIX in the Texas Court in which you request to participate, which must be accompanied by the acknowledgment letter you will receive from the Board. Proceedings filed under a new cause number in any Texas Court, including all appellate courts, are considered new proceedings and are subject to a new application and fee.

A proposal to impose a fee of 200.00 per case per year was approved by the Board of Governors and is awaiting the court’s decision.

For further information and application materials please see the Texas Board of Law Examiner’s Page on pro hac vice admission.

Admission on Motion

Texas Supreme Court Rule Governing Admission to the Bar Rule XIII allows admission on motion based on eligibility. The applicant cannot have failed the Texas Bar Examination.

The Texas Board of Law Examiners, in March 2008, amended their guidelines for their staff in computation of practice time qualifications for Rule XIII. The most significant change is that the listed activities now “shall be considered” rather than “shall constitute the lawful practice of law”. See the amended and the redline versions below.


The State Bar of Texas
Street Address:
1414 Colorado
Austin, Texas 78701
Phone (512) 463-1463
(800) 204-2222

Mailing Address:
PO Box 12487
Austin, TX 78711
Fax (512) 463-1475

Texas Board of Law Examiners
Mailing Address:
Board of Law Examiners
PO Box 13486
Austin, TX 78711

Delivery Address:
Board of Law Examiners
205 West 14th Street, 5th Floor
Austin, Texas 78701