When an attorney not licensed in Texas wants to represent a client in a Texas lawsuit or other legal matter, local counsel in Texas is often needed for assistance. This is often due to a mix of reasons, including:

• The need for guidance and familiarity with Texas laws pertaining to the substance of the litigation, as Texas has its own unique set of laws and rules that may apply

• Texas local counsel’s familiarity with local court procedures helps ensure compliance and prevents legal issues for both the client and the out-of-state attorney

• Local counsel can assist with navigating court procedures, filing documents, and attending hearings, including understanding Texas-specific customs and practices

• Engaging local counsel aids in complying with Texas rules, judicial preferences, and the jurisdiction’s specific legal requirements

• The complexity of Texas local laws and court protocols is often underestimated

• Texas local counsel provides valuable insight into the local judicial climate, including the tendencies of specific judges

• This local familiarity helps inform how cases are handled, which arguments may be persuasive, and how to best present a case

• Local counsel offers strategic advantages for developing case strategy and maximizing the chances of success

• Local counsel can assess case strengths and weaknesses, jury pool tendencies, and the broader dynamics of the locale

• Courts often require out-of-state attorneys to engage local counsel to ensure compliance with Texas rules and procedures

• Engaging local counsel prevents potential violations of Unauthorized Practice of Law rules

• Local counsel can facilitate Pro Hac Vice admission for out-of-state attorneys representing clients in Texas

• Local counsel ensures compliance with all Pro Hac Vice requirements and provides critical local knowledge

• Texas local counsel are experienced in using local resources for case preparation, discovery, and trial support

• Having Texas local counsel as co-counsel or joint-venture counsel helps out-of-state attorneys avoid procedural or substantive errors

• Texas local attorneys often know or are known by opposing counsel, which can be pivotal in mediation, settlement, and trial preparation

• Texas local counsel can guide out-of-state attorneys through the Pro Hac Vice application process, ensuring compliance with local rules and procedures

• We provide invaluable insights into local court rules, practices, and customs, which can be crucial for successful litigation

• We help out-of-state counsel navigate the Texas legal system with clarity and confidence

• We offer essential “boots on the ground” local knowledge, including insight into Tarrant, Dallas, and other Texas county judges, opposing counsel, potential experts, and local litigation dynamics

• We assist with discovery, motions, filings, and other aspects of litigation

• While local counsel assists, the out-of-state attorney typically remains primary counsel and retains responsibility for the case

• Williams, McClure & Parmelee respects the relationship between primary counsel and their client

• We do not solicit clients from our out-of-state or out-of-country attorney partners; we provide support, not competition

• We are a Texas law firm, not a nationwide firm, and our role is to assist—not poach—referral counsel’s clients

• We benefit referral attorneys by providing top-notch local assistance and strategic insight

• We act as your local reconnaissance, offering on-the-ground awareness and support

• Our attorneys provide clients with quality local counsel services at a reasonable price while acting as your local eyes and ears

• All politics is local; all litigation is local — and Texas courts often reflect this truth

• We manage electronic filings through the court’s system

• Texas local counsel facilitates effective communication with the court and opposing counsel

• Texas local counsel receives service filings and monitors case updates

• We maintain responsibility for e-filing and CM/ECF service

• We can recommend mediators tailored to the dispute and the variables of the case

• Texas local counsel provides valuable insight for arbitration matters and assists with all aspects of arbitration practice

• We help navigate court-specific practices, local rules, and the critical local nuance needed when handling a case in any Texas jurisdiction

• Texas allows “nonresident attorneys” to appear for a Texas case

• This process is commonly referred to as Pro Hac Vice

• Pro Hac Vice allows an out-of-state attorney to represent a client in a specific Texas case without needing full Texas bar admission

• Texas has specific requirements for attorneys to practice in its state and federal courts, making Pro Hac Vice a common way for out-of-state attorneys to participate

• An out-of-state attorney seeking Pro Hac Vice admission must file a motion with the court and pay a fee

• An out-of-state attorney seeking Pro Hac Vice admission must associate with a Texas-licensed attorney

A reputable attorney who resides outside of Texas and who is licensed in another state or foreign jurisdiction-but not in Texas-may seek permission to participate in the proceedings of any particular cause in a Texas court or body by following the steps set out in Texas Government Code §82.0361 and Rule 19 of the Rules Governing Admission to the Bar of Texas. Satisfying the non-resident attorney fee is the "mandatory initial requirement" in the process. Rule 19 "Requirements for Participation in Texas Proceedings by a Non-Resident Attorney" ​of the Rules Governing Admission to the Bar of Texas establishes the procedure for a nonresident attorney to request permission to participate in a Texas state court proceeding on behalf of a client. Some requirements of Rule 19 include:

• A non-resident attorney licensed in another state or foreign jurisdiction may seek permission to participate in a specific case in a Texas court

• The attorney must pay a $250 non-resident attorney fee to the Texas Board of Law Examiners before filing a motion

• A motion must be filed with the court providing the non-resident attorney’s office address, telephone number, fax number, and email address

• The motion must provide the name and bar number of the Texas-licensed attorney with whom the non-resident attorney will be associated, along with the Texas attorney’s contact information

• The motion must list all jurisdictions where the non-resident attorney is licensed (including federal courts) and state whether the attorney is in good standing in each

• The motion must include a statement indicating whether the non-resident attorney has been disciplined within the past five years, including details if applicable

• The motion must state whether the non-resident attorney has been denied admission to any courts in the past five years

• The motion must include a list of prior cases the non-resident attorney has participated in within Texas courts during the last two years

• The motion must include a statement affirming that the non-resident attorney is familiar with the State Bar Act, State Bar Rules, and Texas Disciplinary Rules of Professional Conduct, and will abide by them while the case is pending

• The court may evaluate the attorney’s ethical standards and frequency of Texas court appearances

• Court permission may be denied for misconduct, excessive appearances, or unauthorized practice of law

• Filing the motion subjects the non-resident attorney to the jurisdiction of the Texas Bar’s Grievance Committee for disciplinary actions

• A non-resident attorney should be familiar with the Texas Lawyer’s Creed

• The non-resident attorney must be associated with a Texas-licensed attorney who files a supporting motion

• Federal courts in Texas set their own procedures for a Pro Hac Vice admission 

• Generally, Pro Hac Vice admission in federal courts in Texas requires filling out a standard form that can be found on the federal court’s website 

• The Pro Hac Vice admission requirements for Texas federal courts along with Pro Hac Vice applications are online for each particular court such as for the United States District Court-Northern District of Texas and United States District Court-Southern District of Texas

• A fee must be paid in order to secure Pro Hac Vice admission

• The federal case entitled Dondi Properties Corp. v. Commerce Sav. & Loan Ass'n, 121 F.R.D. 284 (N.D. Tex. 1988) (per curiam). established standards of conduct for attorneys practicing in the Northern District of Texas. The case is required reading for attorneys seeking to appear Pro Hac Vice in that district in the Northern District of Texas.

We are familiar with and frequently utilize the procedures which allow an out of state judgment to be treated as a Texas judgment. Under the Uniform Enforcement of Foreign Judgments Act (UEFJA); Texas Civil Practice & Remedies Code – Chapter 35 Enforcement of Judgments of Other States, we can proceed with collecting out of state judgments under Texas law. This procedure is extremely useful when a debtor does business in Texas, has been located in Texas, or has assets in Texas.

• Texas has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), allowing individuals and companies to enforce foreign judgments in Texas without a separate enforcement trial

• The Texas Civil Practice and Remedies Code states that a properly filed foreign judgment must be treated the same way it would be treated in the originating jurisdiction

• The UEFJA provides a streamlined method of enforcement compared to filing a new lawsuit to enforce the judgment

• Enforcement under the UEFJA is not guaranteed; the foreign judgment must be entitled to full faith and credit

• To receive full faith and credit, the foreign judgment must be final and must have been obtained in a manner that respected the defendant’s due process rights

• The defendant must have been properly served according to the foreign court’s laws and must have been subject to the foreign court’s personal jurisdiction

• If due process or jurisdictional requirements were not met, the judgment may be deemed unenforceable in Texas

• The foreign judgment must be final in order to be enforceable in Texas

• A judgment may not be final if it involves multiple defendants and does not fully allocate liability among them

• If a foreign judgment is not final, Texas enforcement will be stayed until finality is achieved

• Enforcement may also be stayed if an appeal or stay of execution is pending in the foreign court

• Enforcing a foreign judgment in Texas requires filing an affidavit with the clerk of a Texas court

• The affidavit must include the name and last-known mailing addresses of both the judgment creditor and judgment debtor

• Filing a final, valid foreign judgment using these procedures initiates enforcement proceedings and automatically creates an enforceable Texas state judgment

• The U.S. Constitution, Article IV, Section 1, states: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State…”

• Under 28 U.S.C. § 1738, authenticated court records from any state, territory, or possession are entitled to Full Faith and Credit throughout the United States

• Texas, like every other state, is required to recognize authenticated judgments issued by courts from other states

• Tribal courts within the United States may not be subject to these authentication methods

• Judgments issued by courts of foreign nations are treated differently because Full Faith and Credit does not apply

• The United States is not party to any treaty or international agreement requiring reciprocal recognition or enforcement of foreign-country judgments

• Recognition and enforcement of foreign-country judgments are governed entirely by state law

• Cases brought in federal court to enforce a foreign judgment are generally decided under the law of the state in which the federal court sits

• The Uniform Foreign Country Money-Judgment Recognition Act (UFCMJRA), found in Chapter 36A of the Texas Civil Practice & Remedies Code, provides a process for recognizing most money judgments from foreign countries not covered by the UEFJA

• Recognition and enforcement of foreign-country judgments are governed entirely by state law

• Cases brought in federal court to enforce a foreign-country judgment are generally decided according to the law of the state in which the federal court sits

• A domesticated judgment becomes subject to all applicable Texas laws

• Section 16.066 of the Texas Civil Practice & Remedies Code bars enforcement of an out-of-state or foreign-country judgment in Texas if it would be time-barred in the jurisdiction where it was originally rendered

• Section 16.066 also bars enforcement of an out-of-state or foreign-country judgment if the judgment is more than 10 years old and the defendant has resided in Texas for more than 10 years

• Like all Texas-origin judgments, a domesticated judgment that has been dormant for 10 years or more is generally no longer valid

• Texas attorneys can assist by filing an authenticated copy of the judgment with a Texas court

• Texas attorneys can file an affidavit detailing the judgment debtor’s and creditor’s information

• An affidavit must state the names and addresses of both the judgment creditor and debtor and confirm that the judgment is final and unsatisfied

• Texas attorneys facilitate the process that allows a foreign judgment to be treated as a Texas judgment, enabling use of Texas collection procedures

• A certified copy of the foreign judgment can be filed with the clerk of a Texas court, typically in the county where the debtor resides or has assets

• The judgment creditor or their attorney must promptly mail notice of the filing to the judgment debtor, including a copy of the judgment and a statement about the 30-day challenge period

• Texas attorneys typically handle the notice process for out-of-state clients

• The judgment debtor has 30 days from receipt of notice to challenge domestication of the judgment

• If no challenge is made within 30 days, the foreign judgment is treated as a Texas judgment and may be enforced using Texas collection methods

• A Texas attorney experienced in judgment domestication can guide clients through the process, identify potential challenges, and assist in collecting the debt