Application to be Admitted Pro Hac Vice in Texas

What Is an Application to be Admitted Pro Hac Vice?

Background

A sworn motion pro hac vice is for use by an out-of-state attorney not admitted to practice in Texas to request admission to appear before a Texas court in a particular case. (Tex. Gov’t Code § 82.0361).

How to Structure the Motion

The motion is required to be filled out and filed with the court by the nonresident attorney, providing the court with information about that attorney and his or her connection to the case. (Id.)

A reputable attorney, licensed in another state or foreign jurisdiction but not in Texas, who resides outside of Texas, can seek permission to participate in the proceedings of a particular cause in a Texas court by complying with the requirements of Government Code Section 82.0361 concerning payment of a nonresident attorney fee to the Board of Law Examiners as a mandatory initial requirement. (Tex. Gov’t Code § 82.0361). Nonresident attorneys may submit the required fee online using a credit card or electronic check. (Tex. Gov’t Code § 82.0361(a).)

A “nonresident attorney” is a person who resides in and is licensed to practice law in another state but who is not a member of the State Bar of Texas. (Id.) All out-of-state attorneys are required to provide satisfactory proof of good moral character. (Tex. R. Govern. Bar Adm’n XIX(a)(5)–(7); Tex. Gov’t Code § 82.036).) The motion must include statements as to the attorney’s good standing, disciplinary actions, if any, denial of admissions, if any, and the attorney’s familiarity with, and agreement to abide by, controlling Texas rules. (Id.)

The nonresident attorney’s motion must contain all of the following:

The office address, telephone number, fax number, and e-mail address of the nonresident attorney movant;
The name and State Bar number of an attorney licensed in Texas with whom the nonresident attorney will be associated in the Texas proceedings, and that attorney’s office address, telephone number, fax number, and e-mail address;
A list of all cases and causes, including cause number and caption, in Texas courts in which the nonresident attorney has appeared or sought leave to appear or participate within the past two years;
A list of jurisdictions in which the nonresident attorney is licensed, including federal courts, and a statement whether the nonresident attorney is an active member in good standing in each of those jurisdictions;
A statement whether the nonresident attorney has been the subject of disciplinary action by the Bar or courts of any jurisdiction in which the attorney is licensed within the preceding five years, and a description of any disciplinary actions;
A statement whether the nonresident attorney has been denied admission to the courts of any state or to any federal court during the preceding five years;
A statement that the nonresident attorney is familiar with the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas, and will at all times abide by and comply with those rules as long as the Texas proceeding is pending and the applicant has not withdrawn as counsel;

(Tex. R. Govern. Bar Adm’n XIX(a).)

The nonresident attorney’s motion must be accompanied by the proof of payment or proof of indigency acknowledgment issued by the Board of Law Examiners. (Tex. R. Govern. Bar Adm’n XIX(c).)

The nonresident attorney’s motion must also be accompanied by a motion of the resident practicing Texas attorney with whom the nonresident attorney will be associated. (Tex. R. Govern. Bar Adm’n XIX(b).)

The Court’s Decision

If the court determines any of the following, the court or hearing officer may deny the motion if:

The nonresident attorney is not a reputable attorney who will observe the ethical standards required of Texas attorneys.
The nonresident attorney has been appearing in courts in Texas on a frequent basis.
The nonresident attorney has been engaging in the unauthorized practice of law in the state of Texas.
Other good cause exists to deny the motion.

(Tex. R. Govern. Bar Adm’n XIX(d).)