Untitled Texas Attorney General Opinion

1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN xonorablo u;oldonClarr Dl rtrlot Attornrv 308 Proabyttrrlan Bldg. T~rarkana, T@Xas De4r Sir: Opinion No. 0-1601 qut8tlonr AU per8onr who are now or who shall herraitrr ba llorasrd to praotlor law ln thlr Stat, shall oonrtltutr and be members of the Stat4 Bar, end 4h411 be rubjrot tc the prorlrlonaherror, amI thr ~108 adoptad by the Supreme Court of Texas; and all persons not member8 oi th4 State Bar arr herrbt prohlblt4d from pm otlain& law in thlr Stat.. .wlthln thr maming of thlr Sootion, all peraonr rwnl8hlng lvldmor of or 4oa2~~ln.grltb any of thr follow- ing provlrlonr @ball br deemed a8 no2 (now) llornsed to praotlor law within thir.State, ~1%: Honorable Weldon Olasr, Page 2 “(a) That he IS now enrolled as an attorney-at-law before the Su rem Oonrt of thI8 Stats. *(b) A Ploons8 or the lssuanoe of a lloenae by thr Board of Logal Emminers of this State authorlzlng him to praotioe law within this State. “(0) k liahles or th8 I8sdnoe of a 110en8r to $raotloe law rithln ‘thk Stat8 by any authority, whlg&, at ths tb8 Ot the iSSdl.nO@’ thSrbOf, war authorized by ths lawa of thI$ Statr, thbn Inlrr00t to 1~8~8 the lIoon8e. “(d) Wh8rs an attorney, llosnsed before Ootobsr 6, 1919, has lost Or mIsplaord his ~IOOnss, issued by legal authority, and where th8 prOOf of its hesuanoe Is not available In the rsoords of the Court in Texas In whloh he olelms It was issued, then his StatUS a8 a lloensed attornsp in this State may br sstabllshsd by a oertlrloate of the Dlstrlot Judge in ths Distrlot OS his resldenos that suoh person has been engaged ln r~the praotfoe of law withln this State for a period of live (5) ‘years ImmsdIatelp and oontlnuously next preoedlng the sffsotIvs da%e oi this Aot, and, within the judgment of said Dletrlot Judge, said ettornsp has theretofore bean duly lloensed to praotlor law under the laws of the State of Texas and 1s of good moral oharaoter. Before any suoh oertlfloats shell be Issubd by e DIstrIot Judge, the Judge shell give an opportunity to the President of the looal Bar Assoolatlon in the County of said Attorney’s resldenoe to be heard. ‘(0) Any proof satlsfaotorp to the Supreme Court of this Stats that he Is and was, upon the erfeotlve date of this Aot authorized to praotioe law wlthln this Stati. As amended Aots 1939, 46th Leg., S.B. #477, 0 1.” Artlolr 300 of the Revised Civil Statutes of Texas, 1926, r8latIng to ron&gn attorneys, provide8 a8 follo~8: “The Supreme court rhall m&e suoh rules and rSgUlStiOn8 a8 to admitting attorneys from other jurI8dlotIon8 to praOtlO8 law In this Stetr as it shall deem proper and juti. All su8h attorneys shall be mquired to Surnieh 8atisfaOtOry proof a8 to good moral oharaoter.” se&ion 10 of thr Rules oi the Supreme Court 0r Texas, udsr the heading of *Atiorneys Worn Other J~i8d~Otlon8” provide8 68 iOiiOW8: RNo nonrssldent attorney shall be rllglblr to praOtIs8 law In Texas wlthout examination, lxoept a8 OtherwIre provided lnthlerulr. - - -- ~Nonrreldsnt attorneys who reside within ths United States, and within firs miles or the Tbxas Border, shall b@ :j Honorablr Wsldon Class, Pegs 3 *rllglblr to take the bar l x6dMtiOn8, and mat praotlos law In the Texas oourtr though not oitizens of this Stafr, provided thsy oomply with the other provIsIon of the88 rulr 8. *A reputabls non resident attornry may, without bring lloenssd to praotlor law in Texas, partlolpate in the trial. or hrarlng of any partloular oausr.:Sn .fbli State wheroln a resident praotlolng attornry of thl'r~. $t'at& la aotuall employed, asroolated, and personally partioipatea wit T; 8uOh nonresldant attorney.* It 18 ths opinion of this Department and you may br so advised that under the statutes above referred to, the attorney in question olrarly 1s not sntltleb to praotloe law In the Stats of Texas, unless he shall be oonsldered a nonresident attorney. If the attorney In queetlon la a lloensed attorney of the State of Arkansas, then and In that event, under the rules Of ths Supreme Court of Texas, he will be entitled to praotloe law In the State of Texas, only when he is engaged :n the trial or hser- lng of a partlouler oause in this State wherein a resident prao- tiding attorney ot this State is aotually employed, asoooiated, and personally partloipatlng with euoh nonresident attorney. Trusting that we have satleiaotorlly answered your question, we remain YOUrS TbTg tniLy