With an increase in the number of lawyers who practice remotely, a common question arises: Can a lawyer who is not licensed in Texas practice in Texas? The answer is yes, provided that the lawyer adheres to Texas Disciplinary Rule of Professional Conduct 5.05, effective October 1, 2024, as follows:

1.   Cannot Represent as Texas Licensed: TDRPC 5.05(b) states that a lawyer who is not licensed in Texas cannot hold out to the public or otherwise represent that the lawyer is licensed to practice law in Texas.

2.   In-House Counsel Not Licensed in Texas: TDRPC 5.05(c) allows a lawyer licensed somewhere other than Texas to provide legal services to the lawyer’s employer or its organizational affiliates, provided that the lawyer has not been disbarred or suspended from practice in any jurisdiction in which the lawyer is licensed and pro hac vice admission is not required in this jurisdiction.

3.   Remote Law Practice by Attorney Not Licensed in Texas: TDRPC 5.05(d) allows attorneys not licensed in Texas who solely practice federal law or the law of the state or country in which they are licensed to practice law from a temporary or
permanent residence or other location in Texas if:

a.   The lawyer does not communicate publicly or privately that the lawyer is authorized to practice law in Texas or has an office to practice Texas law. Communication methods include “advertising, oral representations, business letterhead, websites, signage, business cards, email signature blocks, or other communications.” See TDRPC 5.50(d)(1).

b.   The lawyer does not solicit or accept clients who are Texas residents or Texas citizens on matters that the lawyer knows will primarily require advice on the state or local law of Texas, except as permitted by Texas or federal law. See TDRPC 5.50(d)(2).

c.   When a person with whom the lawyer is dealing mistakenly believes the lawyer is authorized to practice law in Texas, the lawyer takes diligent action to correct that misunderstanding as soon as the lawyer knows or reasonably should know of the misunderstanding. See TDRPC 5.50(d)(3).

4.    Comments to Rule 5.05:

a.   Comment 4 clarifies that a lawyer licensed somewhere other than Texas is not prohibited from representing clients if authorized by other law. For example, lawyers licensed out of state may practice law as a part of the New Opportunities Volunteer Attorney Pro Bono Program under Article XIII of the State Bar Rules.

b.   Comment
5 clarifies that if, as allowed by Texas or federal law, a lawyer not licensed
in Texas represents a client on matters that involve Texas law, the lawyer may need to consult, with client consent, lawyers licensed in Texas.