FAQs for In-House Counsel Not Licensed in Texas

1.) Do I need to register with the State Bar of Texas?

No. The State Bar of Texas does not require lawyers who are not licensed in the State of Texas to register or pay a fee.

2.) What rule governs in-house counsel not licensed in Texas?

The Texas Disciplinary Rules of Professional Conduct were recently amended effective October 1, 2024.

Rule 5.05(b) states that “[u]nless authorized by other law, only a lawyer who is admitted to practice in this jurisdiction may hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.”

Rule 5.05 (c) states that “[a] lawyer admitted to practice law in a jurisdiction outside this state, and not disbarred or suspended from practice or the equivalent thereof in any jurisdiction, may provide legal services solely to the lawyer’s employer or its organizational affiliates, provided that this jurisdiction does not require pro hac vice admission.”

The Texas Board of Law Examiners governs admission to the Texas bar, including pro hac vice admission, which is governed by Rule XIX of the Rules Governing Admission to the Bar of Texas.

3.) May I take pro bono cases?

Comment 4 to Texas Disciplinary Rule of Conduct 5.05 clarifies that an attorney who is licensed in another US jurisdiction and wants to represent people on a pro bono basis can do so if the attorney is approved under the New Opportunities Volunteer Attorney Pro Bono Program. The NOVA Program is set forth in Article XIII of the State Bar Rules and allows attorneys who are licensed in another US jurisdiction, even if they are inactive or retired, to engage in any activity needed to resolve a legal matter for a client as long as the attorney:

• Is in good standing in with the State Bar or entity that governs the practice of law in the jurisdiction in which they are licensed,
• Is in good standing with all courts and jurisdictions in which the attorney is admitted to practice,
• Agrees to abide by the Texas Disciplinary Rules of Professional Conduct and to submit to the disciplinary jurisdiction of the Supreme Court of Texas and the State Bar,
• Has not been disciplined for professional misconduct within the past 10 years and is not subject to a pending disciplinary proceeding,
• Provides legal services under the supervision of an approved legal service organization,
• Is not compensated for legal services rendered under the Program, and
• Complies with the policies and procedures of the Program.