By C. Austin Reams*

Firm letter heads these days often feature an asterisk (“*”) next to attorneys who are “also licensed” in jurisdictions other than Oklahoma. Possibly due to the growth of the energy industry in this region during these oil boom times, additional licensure in Texas appears more common. After recently completing the application process for admission to Texas, this author discusses some of the primary requirements and costs. This article is for the purpose of discussion only. Applicants should defer all questions to the Texas Board of Law Examiners and independently review the Rules Governing Admission to the Bar of Texas (“Rules”).

Attorneys who are admitted to practice in the State of Oklahoma may be eligible for admission to Texas without being required to take the Texas bar exam (an application referred to as “AWOX”) if the applicant has been “actively and substantially” engaged in the lawful practice of law for at least five (5) of the seven (7) years immediately preceding the filing of the application. (See Rule XIII.) ‘Active and substantial’ law practice generally means working full-time as an attorney. (See Rules for more information about the types of legal work that will qualify.) The requisite five (5) years of legal practice need not be consecutive, meaning, for example, that applicants who took a year off or worked part-time during two (2) of the last seven (7) years, may still be eligible for admission without examination.

The requirements of Rule XIII may give some applicants reason for expediency, depending on their circumstances. For example, if an attorney has been working as a full-time associate for the last seven (7) years, and has recently left a firm to start a solo practice, she may want to complete the application sooner than later, since it may be less cumbersome to meet her burden to show full-time work for the requisite period of time.

As part of Rule XIII, the Texas Board of Bar Examiners requires applicants to submit evidence of active and substantial practice of law, including copies of each federal income tax return, with all schedules, W-2, K-1 and 1099 forms, for each calendar year during which employment as an attorney is being claimed. This may be a challenge to some applicants who have not kept copies of their tax returns; although, copies can be requested from the Internal Revenue Service for the current and past six (6) years. In addition to obtaining a letter from each of her prior employers describing her legal position and duties, to confirm that she was actively and substantially engaged in the practice of law, her tax returns should show that she was making a salary of a full-time attorney (although the reasonableness of associate salaries these days is another matter of discussion).

Thus, if such an applicant waits more than two (2) years to submit her application, while she is building her new practice, she may find that it becomes more of a challenge (although not impossible) to show active and substantial law practice, since her income level may have taken a hit in the first year (as will be reflected by her tax returns) and she can no longer rely on a letter of confirmation from a prior firm for the years that she worked solo. For the first couple of years of a new law practice, she may spend only half of her time (or less) practicing law and the rest trying to build a book of business. If she has worked full-time as a solo, she may still be able to meet her burden with other evidence. Texas also requires two (2) client references and she can present other forms of evidence to show full-time work, such as listing other attorneys with knowledge about her law practice. (See Special Notice Regarding Rule XIII Documentation for more information.) In this example, the applicant may be better off submitting the application within the first two (2) years after leaving the firm job since there may be fewer hoops to jump through to demonstrate that she meets the requirements of Rule XIII.

Applicants may also be surprised to learn that they must have taken and passed the Multistate Professional Responsibility Examination (MPRE) with a scaled sore of 85 or higher. (See Rule II (a)(7).) This is an absolute requirement. Even if applicants have been practicing law for forty (40) years, they must be able to demonstrate compliance with this Rule. Such applicants may find that the MPRE (first administered in 1980) did not even exist (or was not yet required in their jurisdiction) when they were first admitted to practice law. If so, applicants can register to take the next MPRE test (usually offered in March, August, and November for $80.00) by contacting the National Conference of Bar Examiners, which also will provide prior scores. For applicants who took the test but cannot remember their scores, it is suggested that they request their scores before completing the application. Texas will not refund their application fees if denied admission. Any applicant who made an eighty-four (84) or less will need to re-take the test. Used MPRE study materials can be found on eBay for around $75.00.

Ample time should also be set aside to complete the application, which may seem like an expensive scavenger hunt. In addition to a completed application, submitted on-line, which includes an education and employment history, with the names and contact information for immediate supervisors, applicants must also provide: FBI Fingerprint Cards; Certification of Juris Doctorate, submitted and completed by the applicant’s law school; Authorization / Release Forms (with applicant’s notarized signature); original Certificate(s) of Good Standing and statement(s) of discipline from every other jurisdiction to which the applicant has been admitted; proof of citizenship (e.g. birth certificates); proof of name change; and other requirements. (See Rules II and XIII.) Depending on the type of documents and the number of copies requested, merely compiling the application for admission can easily amount to more than $100.00.

Regarding overall cost, the fee for the application for admission without examination is $890.00 (application and investigation). Including the other aforementioned costs, the initial fees are closer to $1,100. However, the fees and costs do not stop there. Once, and if, an application is approved, the applicant must still complete the State Bar of Texas Registration / Attorney Profile Form, pay a licensing fee of $515.00 and join the State Bar of Texas. Even after an applicant has received her license and bar card, she must still take a continuing legal education course, “A Guide to the Basics of Law Practice” (again, no matter how long she has been practicing law), at a cost of $170.00. Thus, once all fees and costs have been paid, and the license has been framed, the overall costs are around $2,000.00. And then come the extra annual bar dues!

An AWOX application may be submitted at any time, and the approval process time may vary. (This author’s application was approved in June within one month of completion.) However, it is suggested to avoid the particularly busy months of October and January, when the volume of applications increases.

Good luck applicants!