Practicing Remotely in Texas When Licensed Elsewhere

With an increase in the number of lawyers who practice remotely, a common question arises: Can a lawyer who is not licensed in Texas practice in Texas? The answer is yes, provided that the lawyer adheres to Texas Disciplinary Rule of Professional Conduct 5.05, effective October 1, 2024, as follows:

1. Cannot Represent as Texas Licensed: TDRCP 5.05(b) states that the lawyer cannot hold out to the public or otherwise represent that the lawyer is licensed to practice law in Texas.
2. Non-Texas Licensed In-House Counsel: TDRPC 5.05(c) covers in-house counsel not licensed in Texas. It allows a non-Texas licensed lawyer licensed to provide legal services to the lawyer’s employer or its organizational affiliates, provided that the lawyer has not been disbarred or suspended from practice in any jurisdiction in which the lawyer is licensed and pro hac vice admission is not required in this jurisdiction.
3. Non-Texas Licensed Attorney Remote Law Practice: TDRCP 5.05(d) covers attorneys not licensed in Texas who solely practice federal law or the law of the state or country in which they are licensed. It allows a non-Texas licensed lawyer who is authorized to practice in one or more jurisdictions to practice law from a temporary or permanent residence or other location if:
   1. The lawyer does not communicate publicly or privately that the lawyer is authorized to practice law in Texas or has an office to practice Texas law. The rule includes examples of common communication methods, such as “advertising, oral representations, business letterhead, websites, signage, business cards, email signature blocks, or other communications.” See TDRCP 5.50(d)(1).
   2. The lawyer does not solicit or accept clients who are Texas residents or Texas citizens on matters that the lawyer knows will primarily require advice on the state or local law of Texas, except as permitted by Texas or federal law. See TDRCP 5.50(d)(2).
   3. When a person with whom the lawyer is dealing mistakenly believes the lawyer is authorized to practice law in Texas, the lawyer takes diligent action to correct that misunderstanding as soon as the lawyer knows or reasonably should know of the misunderstanding. See TDRCP 5.50(d)(3).
4. Comments to Rule 5.05:
   • Comment 4 clarifies that a non-Texas licensed lawyer is not prohibited from representing clients if authorized by other law. For example, out-of-state licensed lawyers may practice law as a part of the New Opportunities Volunteer Attorney Pro Bono Program under Article XIII of the State Bar Rules.
   • Comment 5 clarifies that if, as allowed by Texas or federal law, a non-Texas licensed lawyer represents a client on matters that involve the law of a jurisdiction in which the lawyer is not licensed, the lawyer may need to consult, with client consent, lawyers licensed in that jurisdiction.