Determining What Counts as the Active, Substantial, and Lawful Practice of Law

If you are applying under XIV(b)(1)(c), you must establish that you have "been actively and substantially engaged in the lawful practice of law" in a foreign country or other U.S. jurisdiction as your principal business or occupation for at least 3 of the last 5 years immediately preceding the filing of the Application.

Rule 1(a)(11) describes the practice of law to include:

1. private practice as a sole practitioner or for a law firm, legal services office, legal clinic, public agency, or similar entity;
2. practice as an attorney for an individual or for a corporation, partnership, trust, or other entity with the primary duties of furnishing legal counsel and advice; drafting and interpreting legal documents and pleadings; interpreting and giving advice regarding the law; or preparing, trying, or presenting cases before courts, departments of government, or administrative agencies;
3. practice as an attorney for a local government or the state or federal government, with the same primary duties described in the preceding subsection;
4. employment as a judge, magistrate, referee, or similar official for a local government or the state or federal government, provided that the employment is open only to licensed attorneys;
5. employment as a full­time teacher of law at an approved law school;
6. any combination of the preceding categories.

The Board has adopted a Policy Statement on Practice Requirements for Rule 13.

For work as an attorney in (or from within) any jurisdiction without being licensed as an attorney in that jurisdiction, you must provide a written statement, including citation of court rule, statute or binding authority in that jurisdiction, demonstrating to the satisfaction of the Board that the jurisdiction does not regard such activity or practice as unlawful. See also Instruction 37 below.

Engaging in the unauthorized or unlawful practice of law could result in a negative character finding by the Board, a referral to the Unauthorized Practice of Law Committee, and could also result in your employing attorney being referred to the State Bar General Counsel for violation of Rule 5.05(b), Texas Disciplinary Rules of Professional Conduct.