Become an Attorney in Texas

In Texas, the practice of law is defined as preparation of legal documents, giving legal advice, and appearing in court on behalf of a client. [1] In order to practice law in Texas, you must be a licensed attorney admitted to the state bar. The licensing procedure is multi-stage and can begin on the first day of college.

Steps

Preparing for Your Legal Career

  1. Choose an undergraduate course of study. Law school is an advanced graduate degree. In order to qualify for application, you must first complete a four-year bachelor's degree from a recognized college. The American Bar Association (ABA) doesn't recommend or require any specific course of study. A diverse liberal arts degree encompassing history, literature, philosophy, and political science will provide solid groundwork for your legal education. [2]
    • The one exception to the undergraduate degree requirement is if you want to practice patent law. That requires a degree in hard science such as engineering, nursing, biology, or chemistry. [3]
    • You are not required to get your undergraduate degree in Texas. Your degree may be from any college in the United States that is recognized by the U.S. Dept. of Education.[4] Degrees from schools in other countries may suffice, but if your degree is from outside the United States, your transcript may be reviewed by an organization such as the Law School Advisory Council for equivalence to a domestic school.[5]
    • Undergraduate grade point average is a critical factor in admission to law school. Study widely in diverse subjects that you enjoy and you believe you will succeed in. [6]
  2. Take the pre-entrance LSAT exam. The Law School Aptitude Test, better known as the LSAT, is a critical part of your law school admissions package. The LSAT is multiple choice, with five sections that you have 35 minutes each to complete. Your score will be drawn from four of the sections. [7]
    • Reading comprehension tests your ability to read and analyze long passages of text. The questions will come from arts, humanities, and hard science. [8]
    • The sections on analytical reasoning challenges test-takers in inference, deductive reasoning, and drawing relationships between statements. The classic analytical question starts out, "If A is taller than B, and C is taller than D..."[9]
    • Logical reasoning does not require the study of logic. However, the questions will challenge you to identify parts of an argument and draw conclusions based on a presentation of related facts. [10]
    • There is also a writing sample that is not included in your LSAT score. However, it is provided to the schools you apply to. [11]
    • The LSAT is offered several times a year in different locations in the US and internationally. There are test dates to accommodate religious holidays and Sabbath observances. [12]
    • There are free test preparation materials, as well as sample tests for purchase. At a minimum, you should get comfortable with the format of the questions and working under the time limits. [13] Commercial materials are not required, but may be helpful.

Completing Your Legal Education

  1. Attend an ABA approved law school. There are nine law schools in Texas. However, you do not have to attend law school in Texas to practice there. A Juris Doctor degree, or equivalent, from one of the 200+ law schools approved by the American Bar Association (ABA) will meet the requirements to sit for the bar exam in Texas.[14]
    • Attending an ABA-approved law school offers many benefits. The school has shown that it meets a high level of professional standards regarding faculty and facilities, all states will allow you to sit for the bar exam, and have generally higher bar passage rates. [15]
    • Some states, most notably California, will allow a graduate of a law school not approved by the ABA to take the bar exam and be licensed to practice.[16] Check with the licensing authority of the state you are considering before committing to attend a law school not approved by the ABA.
  2. Complete all requirements for graduation. Law schools vary slightly in degree requirements, but to meet the ABA standards,[17] schools will require you to complete a prescribed field of study. Requirements typically include classes in contracts, torts, property, constitutional law, civil procedure, and legal research. Most schools require that you graduate with a minimum 2.0 grade point average in your legal coursework.
  3. Enroll in and complete a course in professional responsibility. The ABA requires that law schools offer instruction in the ethics and responsibilities of the legal profession. A typical course looks at the history and development of legal ethics and how to apply these rules to the practice of law.

Taking the Texas Bar Exam

  1. Complete the registration to take the bar exam. If you attended law school in Texas, you can complete the in-state application. [18] All other applicants must complete the general application. [19]
  2. Decide if you will take the laptop computer version of the test. Texas offers the ability to take the Multistate Performance Test (MPT) and the Texas Essay Exam on your laptop. You must register separately for this procedure, meet the hardware requirements, and pay the separate registration fee. [20]
    • Laptop test-takers must bring blue or black pens to take the hand-written exam in the event of a computer failure.
    • Laptop test-takers must bring a power and/or extension cord at least eight feet long.
    • Your laptop cannot have CDs, DVDs, USB drives, dongles, or any cell phone or wifi device. You cannot bring your laptop in a case, cover, or computer bag.
  3. Sit for the bar exam. The Texas bar exam is a three-day test offered twice each year, usually in February and July. Locations are determined by the state board of bar examiners. It consists of the MPT (paper with black ink or laptop), the Procedure & Evidence section (P&E) (paper with black ink or laptop), the Multi-State Bar Exam (MBE), a multiple-choice test taken by pencil, and the essay portion (paper with black ink or laptop.)
    • You will need photo identification and your admission ticket. Do not bring a watch, timer, cell phones, smart watches, or any other electronic devices, except your approved laptop. Failure to comply may result in being ejected from the exam site.
  4. Achieve a passing score on the bar exam. There are 1000 possible points divided between the MPT (10%), the P&E (10%), the MBE (40%), and the essay exam (40%.) To pass, you must receive a minimum of 675 points. Results are usually available approximately 10 weeks after the exam date. Results are posted the the Board of Law Examiners' website, by first class mail, and physically posted at in-state law schools.

Applying to be Licensed to Practice Law

  1. Meet the Texas age and citizenship requirements. If you want to be licensed to practice law in Texas, you must be at least 18 years old. You must also be able to prove that you are a U.S. citizen or resident alien.
    • If you were born outside the United States and have not been granted citizenship, you can be considered a resident alien and eligible to sit for the bar if you have been granted a green card from the immigration authorities, denoting your permanent resident status.[21][22]
  2. Demonstrate good moral character and fitness. This requirement is satisfied by a thorough background and reference check. You will complete forms disclosing previous addresses, criminal records, treatment for mental illness or substance abuse, and releases of your tax records and credit scores.[23]
    • If you have a criminal record or history of mental illness or drug abuse, the application will allow you to submit an explanation. Be honest and concentrate on the efforts you have made to improve yourself in the years following the proceeding.
  3. Submit a set of fingerprints for examination by the FBI. Texas residents may submit their fingerprints via a traditional paper "ten-card" or electronically through the Dept. of Public Safety. Contact your local police or sheriff's office to arrange electronic submission of your fingerprints. If you live outside of the state, you will be sent a paper card that you must complete, usually at your local sheriff's department, and submit within 30 days.
  4. Pay the required application and licensing fees. Your fees will be addressed to the clerk of the Supreme Court of Texas and the State Bar of Texas. Your primary county of practice may also require that you enroll in the local bar association. Expect total fees to be between $300 and $500. [24]
  5. Achieve a passing score on the Professional Ethics examination. The Multi-State Professional Responsibility (MPRE) exam is required for admission to the Texas bar. The MPRE is a two-hour, 60-question multiple choice exam offered three times each year. You will be tested on your knowledge of legal ethics and professional conduct. Texas requires that you pass with a score of 85 points.[25]
  6. Take the oath and be inducted into the Texas bar. After you successfully pass the bar exam, you must be sworn in with the new lawyer oath.[26] While most government officials can administer the oath, there is typically an induction ceremony. [27]

Licensing Through Alternative Applications

  1. Apply to practice in Texas through alternate channels. In limited circumstances, attorneys who are licensed in other states may be licensed to practice in Texas without taking the bar exam.
    • Apply for reciprocity. Attorneys who are otherwise licensed may be eligible to apply for admittance through reciprocity or admission through motion. Attorneys in any state that have been actively engaged in the practice of law for five out the previous seven years can apply via the General Application. [28] This procedure waives the Texas bar exam, and upon approval and payment of fees, grants you the right to practice law in the state.
    • Be admitted Pro Hac Vice. If you are otherwise licensed and only need to practice in Texas for a specific case, you can apply to be admitted Pro Hac Vice. Requirements include that your license be in good standing with no open disciplinary proceedings and that you be associated with a licensed Texas attorney who is willing to act as a professional and character reference. After payment of the fee and approval by the Texas bar, you can practice in Texas courts as required to complete the proceeding.
    • Be admitted to practice in Texas federal court. There are four federal district courts in Texas and four bankruptcy courts in Texas.[29] If you are otherwise licensed, you can apply to the specific federal district by verified application, which swears you are not under criminal or disciplinary proceedings, and payment of the appropriate fee. You must apply to each district separately. [30]



Tips

  • The State Bar of Texas requires licensed attorneys complete continuing education courses to maintain state licensure. Lawyers must complete a minimum of 15 hours of continuing legal education each year while licensed in the state of Texas.

Related Articles

References

  1. http://codes.lp.findlaw.com/txstatutes/GV/2/G/81/G/81.101
  2. http://www.americanbar.org/groups/legal_education/resources/pre_law.html
  3. http://www.ipwatchdog.com/patent-bar-exam/patent-bar-qualifications/
  4. http://ope.ed.gov/accreditation/Search.aspx?6d6f64653d31267264743d332f372f3230313220333a35383a343020504d
  5. http://www.lsac.org/jd/applying-to-law-school/cas/internationally-educated-apps
  6. http://www.usnews.com/education/blogs/law-admissions-lowdown/2012/11/12/learn-the-5-deciding-factors-in-law-school-admissions
  7. http://www.lsac.org/jd/lsat/about-the-lsat
  8. http://www.lsac.org/jd/lsat/prep/reading-comprehension
  9. http://www.lsac.org/jd/lsat/prep/analytical-reasoning
  10. http://www.lsac.org/jd/lsat/prep/logical-reasoning
  11. http://www.lsac.org/jd/lsat/prep/writing-sample
  12. http://www.lsac.org/jd/lsat/test-dates-deadlines
  13. http://www.lsac.org/jd/lsat/preparing-for-the-lsat
  14. http://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools.html
  15. http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2012/12/17/weigh-the-benefits-disadvantages-of-attending-a-non-aba-law-school
  16. http://lawschoolnumbers.com/application-prep/deciding-whether-to-attend-an-unaccredited-law-school
  17. http://www.americanbar.org/groups/legal_education/resources/standards.html
  18. http://www.ble.state.tx.us/FAQs/FAQs.htm
  19. http://www.ble.state.tx.us/FAQs/FAQs.htm
  20. http://www.ble.state.tx.us/FAQs/FAQs.htm
  21. http://www.investopedia.com/terms/r/residentalien.asp
  22. http://www.uscis.gov/greencard
  23. http://www.americanbar.org/publications/syllabus_home/volume_44_2012-2013/winter_2012-2013/professionalism_whatdoesittaketosatisfychracterandfitnessrequire.html
  24. https://www.texasbar.com/AM/Template.cfm?Section=New_Lawyer_Forms_and_Fees1&Template=/CM/ContentDisplay.cfm&ContentID=29060
  25. https://www.ncbex.org/exams/mpre/
  26. http://www.statutes.legis.state.tx.us/docs/GV/htm/GV.602.htm
  27. https://www.texasbar.com/AM/Template.cfm?Section=New_Lawyer_Forms_and_Fees1&Template=/CM/HTMLDisplay.cfm&ContentID=30304
  28. http://barreciprocity.com/texas-bar-reciprocity/
  29. http://texaslawhelp.org/resource/federal-courts-in-texas?ref=osiWa
  30. file:///C:/Users/User/Downloads/attyadm_2014-05-14.pdf

__