Seeking Pro Hac Vice Admission in Texas Courts
A reputable attorney who resides outside of Texas and is licensed in another state or foreign jurisdiction, but not in Texas, may seek permission to participate in a specific case in a Texas court or body through a process known as pro hac vice admission. This procedure is governed by Texas Government Code §82.0361 and Rule 19 of the Rules Governing Admission to the Bar of Texas. The process allows a qualified non-resident attorney to temporarily practice law in the state for the sake of a particular legal matter on behalf of a client. It is a common practice among American jurisdictions to permit such an arrangement, and Texas outlines a clear, multi-step process to ensure all participants are properly vetted.
The mandatory initial requirement in the Texas pro hac vice process is the payment of a non-resident attorney fee to the Texas Board of Law Examiners. This crucial step must be completed before the non-resident attorney proceeds with the court filing. Once the fee is paid, the attorney must file a formal motion with the specific court where the case is pending. This motion serves as the official request for permission to participate in the proceedings. The preparation and submission of this motion is a critical phase of the process, which moves the request from an administrative step to a judicial one.
The motion filed with the court must be comprehensive, providing detailed contact information for the non-resident attorney, including their office address, telephone number, fax number, and email address. The rules also require the non-resident attorney to associate with an attorney licensed in Texas who will also be involved in the suit. The motion must therefore include the name and bar number of this local Texas counsel, along with their full contact information. This association ensures that there is a local point of contact familiar with Texas law and court procedures, providing a layer of oversight and assistance.
Furthermore, the motion requires a full disclosure of the non-resident attorney's professional standing. This includes a complete list of all jurisdictions in which the attorney is licensed to practice law, including various federal courts. For each listed jurisdiction, the attorney must provide a statement confirming whether they are or are not an active member in good standing. This information allows the Texas court to assess the applicant's credentials and ensure they have not faced disciplinary action that would make them unsuitable for practice within the state's legal system, even temporarily.
In summary, the process for pro hac vice admission in Texas is a structured procedure designed to facilitate out-of-state representation while maintaining professional standards and judicial oversight. By following the steps outlined in the Texas Government Code and Rule 19, a qualified non-resident attorney can gain permission to represent a client in a specific state court case. Adherence to these requirements, from paying the initial fee to filing a detailed motion and associating with local counsel, is essential for a successful application and participation in Texas legal proceedings.
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