Texas Disciplinary Rules of Professional Conduct Back to Outline
(Tex. Disciplinary R. Prof. Conduct, (1989) reprinted in Tex. Govt Code Ann., tit. 2, subtit. G, app. (Vernon Supp. 1995)(State Bar Rules art X [[section]]9))
V LAW FIRMS AND ASSOCIATIONS 5.05 Unauthorized Practice of Law; Remote Practice of Law
(a) A lawyer shall not:
(1) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or
(2) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.
(b) Unless authorized by other law, only a lawyer who is admitted to practice in this jurisdiction may hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.
(c) A lawyer admitted to practice law in a jurisdiction outside this state, and not disbarred or suspended from practice or the equivalent thereof in any jurisdiction, may provide legal services solely to the lawyer’s employer or its organizational affiliates, provided that this jurisdiction does not require pro hac vice admission.
(d) A lawyer who is not admitted to practice in this State, but who is authorized to practice law in one or more jurisdictions, may practice law from a temporary or permanent residence or other location in this jurisdiction, provided that:
(1) The lawyer does not use advertising, oral representations, business letterhead, websites, signage, business cards, email signature blocks, or other communications to hold themselves out, publicly or privately, as authorized to practice law in this jurisdiction, or as having an office for the practice of law in this jurisdiction;
(2) The lawyer does not solicit or accept residents or citizens of Texas as clients on matters that the lawyer knows primarily require advice on the state or local law of Texas, except as permitted by Texas or federal law; and
(3) When the lawyer knows or reasonably should know that a person with whom the lawyer is dealing mistakenly believes that the lawyer is authorized to practice law in this jurisdiction, the lawyer shall make diligent efforts to correct that misunderstanding.
Comment:
- Courts generally have prohibited the unauthorized practice of law because of a perceived need to protect individuals and the public from the mistakes of the untrained and the schemes of the unscrupulous, who are not subject to the judicially imposed disciplinary standards of competence, responsibility and accountability.
- Rule 5.05 does not attempt to define what constitutes the unauthorized practice of law but leaves the definition to judicial development. 3
- Paragraph (a)(2) does not prohibit a lawyer from employing the services of nonlawyers and delegating functions to them. Likewise, paragraph (a)(2) does not prohibit lawyers from providing professional advice and instructions to nonlawyers whose employment requires knowledge of law. For example, claims adjusters, employees of financial institutions, social workers, abstracters, police officers, accountants, and persons employed in government agencies are engaged in occupations requiring knowledge of law; and a lawyer who assists them to carry out their proper functions is not assisting the unauthorized practice of law. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se, since a nonlawyer who represents himself or herself is not engaged in the unauthorized practice of law.
- Paragraph (c) does not prohibit a lawyer admitted to practice law in a jurisdiction outside this state from representing clients if authorized by other law. For example, paragraph (c) does not prohibit out-of-state lawyers from practicing law as part of the New Opportunities Volunteer Attorney Pro Bono Program under Article XIII of the State Bar Rules.
- In representing a client with respect to matters involving the law of a jurisdiction where the lawyer is not licensed, the lawyer may need to consult, with the client’s consent, lawyers licensed in that jurisdiction.
Bluebook Citation
Texas Disciplinary Rules of Professional Conduct. § 5.05, (Texas Center for Legal Ethics, 2024) from https://legalethicstexas.com/resources/rules/texas-disciplinary-rules-of-professional-conduct/unauthorized-practice-of-law/ (last visited Nov 24, 2024)