Eligibility of Foreign-Educated Applicants and Foreign Attorneys to take the Texas Bar Examination

P.S.: This information is not a substitute for reading the Rules Governing Admission to the Bar of Texas and the relevant sections of the Texas Government Code, which can be found in the Rule Book.

Source: State Bar of Texas Website

1. I received my legal education outside of the U.S. or its territories. Can I take the Texas Bar Examination?

Maybe. You may become eligible to take the Texas Bar Examination through one of four paths:

- Pursuant to Rule XIII(3)(a): Demonstrate that:

• You completed a course of study at a properly accredited foreign law school
• The course of study was based on the principles of English common law
• The course of study was substantially equivalent in duration to the legal education provided by an ABA-approved U.S. law school
• You are authorized to practice law in a foreign jurisdiction or in another state; and You have been actively and substantially engaged in the lawful practice of law for at least 3 of the 5 years immediately preceding the date of the application.

- Pursuant to Rule XIII(3)(b): Demonstrate that:

• You completed a course of study at a properly accredited foreign law school The course of study was based on the principles of English common law The course of study was at least 2 years in duration
• You have an LL.M. degree that satisfies Rule XIII(8).

- Pursuant to Rule XIII(3)(c): Demonstrate that:

• You are authorized to practice law in a foreign jurisdiction whose jurisprudence is based on the principles of English common law
• You have an LL.M. degree that satisfies Rule XIII(8).

- Pursuant to Rule XIII(4): Demonstrate that:

• You completed a course of study at a properly accredited foreign law school
• The course of study was not based on the principles of English common law
• The course of study was substantially equivalent in duration to the legal education provided by an ABA-approved U.S. law school
• You have an LL.M. degree that satisfies Rule XIII(8)
• You are authorized to practice law in a foreign jurisdiction or in another state.

2. Summary of Eligibility Requirements for Foreign-Educated Applicants to take the Texas Bar Examination.

Summary Eligibility Requirements for Foreign-Educated Applicants to take the TBE Rule XIII of Rules Governing Admission to the Bar of Texas
	XIII(3)(a)	XIII(3)(b)	XIII(3)(c)	XIII(4)
Legal Education	Common Law	Common Law	-	Non-Common Law
Duration of Legal Education	Substantially equivalent to ABA- approved law school	At least 2 years	-	Substantially equivalent to ABA- approved law school
Authorized to Practice	Authorized in any jurisdiction	-	Authorized in common law jurisdiction	Authorized in any jurisdiction
Attorney Experience	3 of last 5 years	-	-	-
LL.M.	-	LL.M. required	LL.M. required	LL.M. required

3. I received my initial law degree from a foreign school, but I am licensed to practice law in a U.S. state. Can I sit for the Texas Bar Examination?
   
   
   Maybe. Simply being licensed in another state is not enough, by itself, to make you eligible to take the Texas Bar Examination. If you received your initial law degree from a foreign law school, then you can sit for the Texas Bar Examination if and only if you are eligible under one of the four paths outlined above in FAQ #1 and FAQ #2.
   
   
4. I received my initial law degree from a foreign school. What do I need to do to be eligible to be licensed in Texas without taking the Texas Bar Examination?
   
   
   Only attorneys who received a J.D. from an ABA-approved law school can become eligible for admission in Texas without taking the Texas Bar Examination. See Rule XIII(1).
   
   
5. I am unsure whether I qualify to take the Texas Bar Examination under Rule XIII. Can I call and receive an opinion of Board staff about my eligibility?
   
   
   The Board cannot provide advisory opinions on a potential applicant’s eligibility without a properly-filed application. Please note that, in the event that it is determined you do not qualify, no refund of fees will be issued. Therefore, it is to your advantage to ensure that you have thoroughly reviewed Rule XIII and obtained all required documentation prior to filing an application.

6. In addition to passing the Texas Bar Examination, what other requirements must I meet in order to be eligible to be licensed as a Texas attorney?
   
   
   In order to be licensed, applicants must do the following within 2 years of passing the Bar Examination:
   
   
   
   
   - Be certified by the Board as having present good moral character and fitness Score 85 or higher on the MPRE
   - Be willing to take the Oath
   - Satisfy the requirements of Rule II(a)(5)
   
   
   - Be 18 years of age.
   
   
7. How do I satisfy the requirements of Rule II(a)(5)?
   
   
   If you are a United States citizen or a United States national, then you should provide the Board with an original birth certificate issued by a U.S. city, county, or state, or an original Consular Report of Birth. Originals are required.
   
   
   If you are a naturalized United States citizen, then you should provide the Board with a legible copy of both sides of your Certificate of Naturalization or Certificate of Citizenship. A photocopy is acceptable.
   
   
   If you are authorized to work lawfully in the United States, then you should provide the Board with a legible copy of both sides of the USCIS document evidencing your status. A photocopy is acceptable.
   
   
   If you do not reside in the United States at the time of your application, you should provide the Board with a legible copy of both sides of a valid identification card containing your address issued by a governmental body in the jurisdiction in which you reside. In addition, you should execute the Affidavit of Residency Outside the United States included in the General Application.
   
   
8. I am attending law school in the United States. However, I am a legal resident of a foreign nation and do not intend to remain in the United States after I receive my law degree and complete the bar examination. Would this preclude me from qualifying under Rule II(a)(5)(e)?
   
   
   An immigration attorney may be able to assist you with this question. We cannot provide legal advice. If you determine that you do not reside in the United States at the time you submit your application and that you thus satisfy the requirements of Rule II(a)(5)(e), you should provide the Board with a legible copy of both sides of a valid identification card containing your address issued by a governmental body in the jurisdiction in which you reside. In addition, you should execute the Affidavit of Residency Outside the United States included in the General Application.
   
   
   Applying for the Texas Bar Examination
   
   
   9.  How do I apply to take the Texas Bar Examination?
   
   
   Create an eFast account. (https://efastdirect.ble.state.tx.us/). From your eFast account, complete the General Application. As needed, obtain required documentation from third parties. As needed, arrange for third parties to forward required documentation directly to us. From your eFast account, print the completed Application. Complete the required handwriting sample. Appear before a notary public and have your signatures notarized as directed in the Application. At the appropriate time, submit the Application to us by mail, courier, or hand- delivery. Include required documentation and required fee(s).

10. If I am applying pursuant to Rule XIII(3)(a), how must I document my active and substantial practice of law?
    
    
    
    
    Please refer to these sections of the General Application:
    Special Instructions for Documenting Active, Substantial, and Lawful Practice
    
    
    Information for Rule XIII Applicants Who Received Their Initial Law Degree From A Foreign Law School
    
    
11. I received my initial law degree from a foreign law school, and I am licensed to practice law in another U.S. state. If I want to apply for admission to the Texas Bar, what filing fee must I submit with my application?
    
    
    If you did not receive an initial law degree from a U.S. law school, then you would only be able to qualify for admission under Rule XIII(3) or Rule XIII(4), even if you are licensed in another U.S. state. If you apply for admission under Rule XIII(3) or Rule XIII(4), then you should submit the following fees with your application (see Rule XVII):
    
    
    
    
    Foreign Nation Attorney–Texas Bar Exam Applicant only: $700-Application Fee
    $ 40-Fingerprint Card Processing Fee
    $150-Examination Fee
    
    
    $150-Investigation Fee $100-Foreign Nation Inquiry Fee
    $1,140
    
    
    (In addition, you should submit the Laptop Examination Fee and Late Filing Fee as applicable.)
    
    
    12. I am enrolled in an LL.M. program at a Texas law school. If I want to apply for admission to the Texas Bar, should I use the In-State Student Application?
    
    
    No. The In-State Student Application is designed for non-attorney applicants who earned (or will earn) a J.D. from a Texas law school. All other applicants should use the General Application.

13. I am enrolled in an LL.M. program in a Texas law school. Do I need to file a Declaration of Intention to Study Law?
    
    
    No. Only non-attorney applicants who earned (or will earn) a J.D. from a Texas law school are required to file a Declaration of Intention to Study Law.
    
    
14. How do I take the oath if I do not reside in the United States?
    
    
    If you are admitted to practice law in Texas, you must take an oath to support the constitutions of the United States and Texas, honestly demean yourself in the practice of law, and discharge your duty to your clients to the best of your ability. Tex. Gov’t Code §82.037.
    If you are outside the United States, you can appear before one of the following officials, who can administer the oath to you and give a certificate of fact:
    a minister, commissioner, or charge d’affaires of the United States who resides in and is accredited to the country where the oath or affidavit is made;
    a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who resides in the country where the oath or affidavit is made; or
    a notary public. Tex. Gov’t Code §602.004.
    
    
15. When is the best time for me to file my application for a particular exam?
    
    
    Because our usual investigation and verification of educational and professional credentials can sometimes be delayed when responses from institutions in foreign nations are not forthcoming or when postal service overseas is inefficient, it is prudent for Rule XIII(3) applicants to file timely. Applicants assume a risk that foreign institutions may not respond to our routine inquiries in sufficient time for eligibility to be determined before the bar exam, and this can result in denial of the application. According to Rule XVIII(b), refunds or transfers of application fees are not authorized. Therefore, it is advisable to have the application prepared and filed before the timely deadline specified in Rule IX(a)(1) or (2) and to plan for all required documentation to be provided promptly.
    
    
16. If an LL.M. degree from an ABA-approved law school is required for my application to sit for the Texas Bar Examination, can I apply while I am completing my LL.M?
    
    
    Yes, but be aware that your law school must certify completion of your LL.M. degree directly to the Board’s office at least 2 weeks before the first day of the exam you apply for.
    
    
    17. Approximately how long will it be before I find out whether I am eligible to sit for the Texas Bar Examination?
    
    
    We have up to 150 days to complete the character and fitness aspects of our investigation. Other aspects may require longer. It is always prudent for foreign-educated applicants to file their applications timely. Additionally, it is helpful for the applicant to remain in routine contact with the appropriate individuals at their law school, jurisdiction of licensure, and employers listed on their application to help secure timely responses.

Transition Issues Regarding the October 1, 2014 Amendments to the Rules

18. I submitted my application to the Board before October 1, 2014. How do the amendments that took effect on October 1, 2014, affect my application? The amendments to the Rules Governing Admission to the Texas Bar that became effective October 1, 2014, are neither retroactive nor proactive. BLE staff will now review any pending application for satisfaction of the requirements set out in the current Rules as amended October 1, 2014. Because the current Rules generally remove or reduce prior requirements, we may be able to process your pending application more quickly than before.
19. I waited until after October 1 to apply for the February 2015 Texas Bar Exam. Do I have to pay a late fee? Yes. However, if you believe you can establish good cause, you may petition the Board for a waiver of the late fee by completing and submitting a Fee Waiver Request. See Rule XX(e).
20. I have an LL.M. from an ABA-approved law school, but it does not satisfy the new curricular requirements set out in Rule XIII(8). If you completed your LL.M. before October 1, 2014, then you are exempt from demonstrating that your LL.M. meets the curricular requirements set out in Rule XIII(8).
21. I am in the process of completing an LL.M. degree at an ABA-approved law school, but it may not satisfy the new curricular requirements set out in Rule XIII(8). If you complete an LL.M. degree before October 1, 2016, you will be exempt from demonstrating that your LL.M. meets the curricular requirements set out in Rule XIII(8). 

I hope this helps, guys!!!!!

KEEP CALM & LAWYER ON!

Uanna Milena