Foreign-Educated Applicants and Foreign Attorneys
EFFECTIVE OCTOBER 1, 2014
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.
Eligibility of Foreign-Educated Applicants and Foreign Attorneys to take the Texas Bar Examination
Applying for the Texas Bar Examination
Re-Application
Transition Issues Regarding the October 1, 2014 Amendments to the Rules
Eligibility of Foreign-Educated Applicants and Foreign Attorneys to take the
Texas Bar Examination
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
Duration of
Legal
Education
Common Law
Common Law
-
Non-Common Law
Substantially
equivalent to ABAapproved law school
At least
2 years
-
Substantially
equivalent to ABAapproved law school
Authorized
to Practice
Authorized in
any jurisdiction
-
Authorized in
common law
jurisdiction
Authorized in
any jurisdiction
3 of last 5 years
-
-
-
Attorney
Experience
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 handdelivery. 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.
Re-Application
18. I am re-applying for admission to the Texas Bar. Do I have to list information that I
provided in the Employment or Character & Fitness sections of my previous
application?
No. Please note the language on the Re-Application that states “since the filing of my last
application”. The Re-Application is meant to update the Board with any new information
that has occurred since the last time you applied. Do not provide duplicative information.
19. I am re-applying for admission to the Texas Bar. Do I need to submit another birth
certificate or get re-fingerprinted? Is there any third-party documentation that must be
resubmitted?
If you are a licensed attorney, you must submit a current Certificate of Good Standing
and statement of discipline (dated within the past 30 days) for each state or foreign
jurisdiction where you are admitted.
Unless specifically instructed by our office, you do not need to send the following with
your Re-Application: birth certificates, fingerprint cards, MPRE score reports, education
credential verification.
Transition Issues Regarding the October 1, 2014 Amendments to the Rules
20. 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.
21. 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).
22. 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).
23. 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).