This article describes the rules governing the participation of nonresident attorneys on a pro hac vice basis in the state courts of Texas. A "nonresident attorney" is defined as "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." Section 82.0361 (a), Texas Government Code (2003).
The statutory authority for admission of nonresident attorneys is found in the Texas Government Code, sections 82.036 and 82.0361. Section 82.036 states that the Supreme Court of Texas shall make such rules and regulations as to admitting attorneys from other jurisdictions as it shall deem just and proper. It adds that all such attorneys shall be required to furnish satisfactory proof as to good moral character.
In 2003 the Texas Legislature added section 82.0361 ((effective September 1, 2003), which states that before a nonresident attorney files the Motion Requesting Permission to Participate in a particular case, the nonresident attorney must pay a fee of $250 for each case in which the attorney is requesting permission to participate. The nonresident attorney must also attach proof of the payment of the $250 to the motion. The fee is paid to the Board of Law Examiners. By law, the fees received under 82.0361 are credited to programs approved by the Texas Supreme Court that provide basic civil legal services to the indigent.
There is a provision in the statute that allows the Texas Supreme Court to adopt rules to waive or reduce the fee required by 82.0361 for a nonresident attorney who seeks to represent an indigent person.
Once the nonresident attorney has paid the $250 fee under 82.0361 and has received the proof of payment, a Motion Requesting Permission to Participate Pro Hac Vice may be filed. The requirements for that motion are set forth in Rule XIX of the Rules Governing Admission to the Bar of Texas.
The motion shall contain:
The motion shall be accompanied by a Motion by Resident Attorney which states that the resident attorney will be associated with the Applicant and that the resident attorney finds the Applicant to be a reputable attorney and recommends that the Applicant be granted permission to participate in the particular proceeding before the court.
Although the Motion for Permission to Participate is normally granted, a trial court is entitled to deny the motion if the court determines that the nonresident attorney is not a reputable attorney who will observe the ethical standards required of Texas attorneys, that the nonresident attorney has been appearing in courts in Texas on a frequent basis, that the nonresident attorney has been engaging in the unauthorized practice of law in Texas, or that "other good cause exists."
Even after pro hac vice admission is granted, the permission can be revoked if the nonresident attorney engages in professional misconduct. The court can cite the nonresident attorney for contempt and refer the matter to the Grievance Committee of the Bar District wherein the court is located for such action by the Committee as it deems necessary and desirable.
By filing a Motion for Permission to Participate, the nonresident attorney agrees to submit to the jurisdiction of the Grievance Committee for the District wherein the court is located and the county in which the court is located shall be considered the residence of said attorney for purposes of determining venue in any disciplinary action involving the nonresident attorney.
Written by Donald Ray Burger, Attorney at Law
(1) the office address, telephone number and, if available, the telecopier number of the nonresident attorney movant;
(2) the name and State Bar card number of an attorney licensed in Texas, with whom the nonresident attorney will be associated in the Texas proceeding, and that attorney's office address, telephone number and, if available, telecopier number;
(3) 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 in within the past two years;
(4) a list of jurisdictions in which the nonresident attorney is licensed, including federal courts, and a statement that the nonresident attorney is or is not an active member in good standing in each of those jurisdictions;
(5) a statement that the nonresident attorney has or has not 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 such disciplinary actions;
(6) a statement that the nonresident attorney has or has not been denied admission to the courts of any State or to any federal court during the preceding five years;
(7) a statement that the nonresident attorney is familiar with (a) the State Bar Act; (b) the State Bar Rules; and (c) 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 the same so long as such Texas proceeding is pending and said Applicant has not withdrawn as counsel therein;
(8) proof of the payment of the $250 fee required under Section 82.0361 of the Texas Government Code.
Last revised: November 11, 2003