Practicing Law In California: Can Texas Attorneys Cross State Lines?

The concept of bar reciprocity in the United States allows attorneys to practice law in a state other than the one in which they are licensed. However, each state has its own rules and requirements for admission, which may include taking the state bar exam. California, for example, requires all attorneys to take the Bar exam even if they are admitted in another state. Texas, on the other hand, may allow attorneys who have been actively practicing law for a minimum of five years in another state to apply for admission without taking the Texas Bar Exam.

Texas bar admission rules

Texas has strict rules for admitting attorneys to practice law in the state. The Texas Board of Law Examiners has a set of rules, policies, guidelines, and procedures that govern admission to the Texas Bar. These rules are promulgated by the Supreme Court of Texas and cover a range of topics, including character and fitness requirements, probationary license holders, hearing procedures, and accommodations on the Texas Bar Exam.

One of the key concerns for Texas is ensuring that out-of-state attorneys or firms uphold the ethical rules that govern Texas lawyers. To that end, an out-of-state firm operating in Texas must designate a resident agent for service of process and have a resident partner in Texas. This resident partner ensures that the firm has the same level of commitment and obligation to the citizens of Texas as resident law firms.

However, it is not necessary for the resident Texas lawyer to be a partner in the firm to create this accountability. A non-partner lawyer can fulfill this role as long as they qualify as a "firm lawyer" and are given the responsibility and authority to make decisions about the firm's practice of law in Texas. This conclusion is consistent with the guidance from other states, such as Arizona, Rhode Island, and New Jersey, which have similar requirements for out-of-state firms.

In terms of admission to the Texas Bar, there are specific requirements that must be met. While the details are unclear, it appears that an attorney licensed in another state may be able to practice in Texas without taking the Texas Bar Exam if they have been actively practicing law for five years or more. However, this is not a given right, and each case is assessed on its own facts.

California bar requirements

California has some of the hardest state bar exams to pass, but it is still one of the most sought-after bar licenses in the country. There are three main paths to becoming admitted to the California state bar:

• Applicants with a law school degree take the California Bar Exam.
• Applicants without a law school degree complete the Law Office Program and take the California Bar Exam.
• Attorneys already admitted to practice in other jurisdictions take either the California Attorneys’ Examination or the California Bar Exam.

The first path is the most common route to admission, where applicants take the California Bar Exam after graduating from law school. This path is also applicable to foreign attorneys who received their law degree outside of the United States. The second path is less common, as it is not available in most other jurisdictions. It is open to applicants who have not attended law school, but they must study law in a law office or judge's chambers for at least 18 hours per week for four consecutive years and pass the California Bar Exam and the Baby Bar Exam. The third path is for attorneys already licensed in another state or jurisdiction. They may be eligible to take the California Attorneys' Examination, a one-day attorneys' exam, instead of the traditional two-day California Bar Exam. To be eligible, they must have been licensed for at least four years and have a positive moral character determination on file with the State Bar of California.

In addition to the bar examination, there are character, fitness, and other qualifications for admission to the California bar. Applicants must file the following applications: registration as a law student, application to take the Multistate Professional Responsibility Examination (MPRE), and application for determination of moral character. The MPRE is required for admission to practice law in California and is offered three times per year, in March, August, and November. The California Bar Examination is administered twice per year, in February and July.

Bar reciprocity

To get reciprocity in a new state, attorneys must typically apply for admission to the bar of that state. Each state has its own rules and requirements for admission, which may include registering as in-house counsel, transferring their exam scores through the uniform bar exam, or qualifying for a military spouse exemption. Some states have reciprocity agreements with other states, which allow attorneys who are licensed in those states to be admitted to the bar without having to take the exam or complete additional CLE requirements. Even if there isn't formal reciprocity between two states, some states have a process called "waiver on motion," "waiver," or "comity" that allows attorneys who are already licensed to practise law in another state to be admitted to the bar of the new state without retaking the bar exam. To qualify for admission through waiver on motion, an attorney must typically meet certain requirements, such as being a US citizen or permanent resident, being admitted to practise law in another state, and being in good standing in all states where they are admitted to practise.

California does not offer reciprocity but does offer a shorter bar exam for attorneys who are admitted in other states and who have been in good standing. Texas may not let an attorney from California practise without taking the Texas Bar Exam. However, if an attorney has been practising for five years or more in another state, they may be able to apply for admission without taking the exam.

Waiver on motion

An attorney licensed in Texas and wanting to practice law in California will have to comply with the rules regarding admission to the Texas Bar. Texas may require the attorney to take the Texas Bar Exam. Texas has stringent requirements, and generally, an attorney must have been practicing for five years or more in another state to apply for admission without examination.

Now, for the waiver on motion:

A Faretta motion, arising from Faretta v. California (1975), is a petition criminal defendants file with the court seeking permission to represent themselves and waive their right to counsel in a criminal proceeding. This right to self-representation is derived from the Sixth and Fourteenth Amendments to the United States Constitution. The defendant must willingly make this decision, and the judge will ensure they understand the risks of self-representation. If the motion is granted, the defendant waives their right to counsel and represents themselves. If the motion is denied, the defendant must retain an attorney or have the court appoint one.

A Marsden motion, on the other hand, is a request by a defendant to dismiss their public defender. This motion is typically filed when the defendant believes their public defender is incompetent or when there is a conflict that hinders adequate representation. If the judge agrees, a new public defender is appointed; otherwise, the existing public defender remains on the case.

The Hammon-Reber motion, based on People v. Hammon (1997) and People v. Reber (1986), is a motion to obtain the psychiatric records of a prosecution witness. This right of the defense is supported by the United States Constitution.

The Fares motion, arising from People v. Fares (1993), addresses the trial court's miscalculation of pre-sentence credits. The defendant must file a motion to have these credits recognized before they can be raised on appeal.

The Hitch-Trombetta-Youngblood motion, based on People v. Hitch (1974), California v. Trombetta (1984), and Arizona v. Youngblood (1988), pertains to the duty of the prosecution to reveal or preserve information or evidence beneficial to the defendant. If the prosecution fails in this duty, the defendant may receive sanctions or even a dismissal.

The Wheeler motion, from People v. Wheeler (1978), prohibits the prosecutor from using peremptory challenges to remove jurors based on racial, religious, ethnic, or similar characteristics.

Lastly, the Griffin error, from Griffin v. California (1965), states that a prosecutor may not comment to the jury on a defendant's exercise of their right against self-incrimination.

Remote work

In most jurisdictions, the bar exam is offered only twice a year, which means an attorney cannot be admitted whenever they want. Moving between states can throw your career off for months or even years when dealing with licensure and character and fitness requirements.

The general rule is that a lawyer can only practice law in a state court when they have been admitted to the bar of that state. An exception is when the attorney is admitted on a pro hac vice basis, where the out-of-state lawyer can practice with an in-state attorney acting as local counsel. For federal court, a lawyer must be admitted to appear in the district court where the legal matter is being handled. Admission to district court generally requires a state bar license, but that license does not need to be from the state where the district court is located.

Bar reciprocity is a concept that allows attorneys to practice law in a state other than the one in which they are licensed. This can be useful for attorneys who want to work temporarily in a different state or who have recently moved to a new state and wish to continue practising law. To get reciprocity in a new state, attorneys typically need to apply for admission to the bar of that state. Each state has its own rules and requirements for admission, which may include: being a U.S. citizen or permanent resident, being admitted to practice law in another state, and being in good standing in all states where the attorney is admitted to practice. Some states have reciprocity agreements with other states, allowing attorneys licensed in those states to be admitted to the bar without taking the exam or completing additional CLE requirements.

In the case of Texas and California, an attorney from California wishing to practice in Texas may need to take the Texas Bar Exam. California requires all attorneys to take a Bar exam even if they are admitted in another state, so Texas may require the same of California attorneys. However, if the attorney has been practicing for five years or more in another state, they may be able to apply for admission to the Texas Bar without taking the exam.

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