FREQUENTLY ASKED QUESTIONS
All applicants are expected to be familiar
with the Rules Governing Admission
to the Bar of Texas. Reviewing these FAQ's does not absolve one of
this responsibility.
General Questions
Grade Release Questions
Pro
Hac Vice Admission
Technical Issues
FREQUENTLY ASKED
QUESTIONS -- GENERAL
1. Can I have documents (i.e. birth certificates, MPRE scores) sent
to your office before I submit my application?
Yes. We have a filing system for these documents and will add them to your
file after we receive your application.
2. Does Texas recognize
J.D. degrees from correspondence
or online based law schools?
No. See the following rules in the Rules Governing Admission to the Bar
of Texas: III
and XIII(a)(2).
3. How do I respond on the employment history section of Board forms
if:
a. an employer is no longer in business?
You should enter "No longer in business" on the line for
"Name of Supervisor", instead of entering the name of your
supervisor.
b. my immediate supervisor is no longer employed by an employer?
You have a choice. Either enter the name of another supervisor who is
still employed by the employer who would be able to respond to an inquiry
from the staff of the Board as to your honesty, etc; or, enter the current
address for your former supervisor, wherever that person is now.
c. I cannot locate any documentation that indicates the exact dates
that I was employed?
Enter approximate dates, but indicate that they are approximate.
d. I was employed in a non-paid, intern-type position?
The staff of the Board will elicit responses as to your honesty, etc., so
the fact that you were not paid is not important. You should list such
employment situations.
4. Can a person from a non-ABA approved law school apply to Texas,
assuming the law school is a non-correspondence law school?
Yes, but only if they meet the following requirements:
(a) hold an active, valid law license in another U.S.
jurisdiction, and
(b) has practiced in that jurisdiction for a three (3) year period within the previous five
(5) calendar years immediately preceding filing an application with this
office.
Having these qualifications may enable the applicant to be eligible for the
full bar examination. See the Board's
U.S. Attorney Admission page. Recent graduates of non-ABA approved law
schools not based on study by correspondence are not eligible to take the
Texas Bar Examination. Foreign-educated attorneys
should refer to the Board's Foreign
Attorney Admission page for more information.
5. What is Texas' policy
on reciprocal admission or admission by comity?
Texas does not have a reciprocal agreement with any
other jurisdiction. Out-of-state attorneys with at least five years of
recent practice may pursue "Admission without Examination" under
Rule XIII.
Interested individuals should review the Board's
Attorney Admission page for U.S.
licensed attorneys for more information.
Texas attorneys who seek admission to another
jurisdiction will have to contact the licensing agency for that
jurisdiction. The National Conference of Bar Examiners provides
contact information for all U.S. jurisdictions at
http://www.ncbex.org/offices.htm
6. What is a valid law license?
A valid law license means an active law license.
7. If I do not take the Texas Bar Examination will my fees be
refunded?
No. There is no refund of fees or transfer of fees to a future exam. See
Rule XVIII, Rules Governing Admission to
the Bar of Texas.
8. How do I withdraw my application if I do not take the Texas Bar
Examination?
Mail or fax your letter withdrawing from the exam. If you have already
received your admission ticket, write directly on the admission ticket that
you are withdrawing from the exam. Then, return the ticket to this office so
it may be included as part of your file. Information will be mailed to
you immediately following the exam so you may apply timely for the next bar exam.
9. How do I receive information on obtaining a third year bar card?
Contact the State Bar of Texas, Membership Department: (512)
427-1383. The State Bar's toll-free number is: 800-204-2222,
ext 1383.
More information is available at the
Law Student Division of the State Bar of Texas.
10. What bar review courses are available?
The Board is not affiliated with any companies that handle bar review
courses. We have been given the following names for
distribution:
This list is provided for informational purposes only and should not be
construed as an endorsement of any particular bar review course. There may be
other bar review courses of which the Board is not aware.
11. Does Texas require the Multistate Professional Responsibility
Examination (MPRE)?
Yes. You will not be issued a Texas law license until you have passed the
MPRE with a scaled score of 85 or higher (Rule
V). You may obtain an MPRE
application packet by contacting:
National Conference of Bar Examiners
MPRE Application
P. O. Box 4001
Iowa City, IA 52243
Telephone inquires concerning the MPRE should be directed to: (319)
337-1304. Online registration for the MPRE is
available at
http://www.ncbex.org/
12. What documentation is accepted as proof of my citizenship status
or USCIS status?
The Board will accept a certified copy of your birth certificate provided
it is issued by the appropriate city/county/state/federal certifying authority
if you were born in the U.S.
If you are an American citizen who was born
abroad, we will accept a certified copy of a Certification
of Birth (DS-1350) or a certified copy of the Consular Report of Birth
Abroad (FS-240). Contact the Department of
State at
http://travel.state.gov for more information.
We do
not accept hospital birth certificates, photocopies, notarized
photocopies, foreign birth certificates,
or passports. Passports are not accepted as proof of meeting the
Rule II(a)(5) citizenship
requirement.
Individuals who do not have their
Citizenship/Naturalization documentation available need to contact U.S.
Citizenship and Immigration Services. A
Form N-565
can be used to obtain a replacement document.
The Board has made special arrangements with the U.S.
Citizenship and Immigration Services regarding green cards and naturalization certificates.
You may make copies of either document and submit the copies with your
application or declaration regardless of the statement to the contrary on the
document.
These items become a part of the Board's permanent file
and will not be returned to you.
13. How do I have my MBE score transferred to another jurisdiction?
Download the MBE Transfer Request
form. Submit your request to our office post office box address. Your request
must include your full name, the month and year you took the exam, the mailing
address of the jurisdiction where you want the score transferred to, and $25
check/money order made payable to the Board of Law Examiners.
14. Does Texas accept MBE scores transferred from other
jurisdictions?No. See
Rule XI(e) of the Rules Governing
Admission to the Bar of Texas.
15. What are the procedures for a disbarred attorney who seeks to be
reinstated?
See Reinstatement Applicants.
16. How do I submit a change of address?
Mail or fax any address change to the Board office. You
may use the Change of Address
form. All address changes
must be submitted no later than 45 days before the exam, if you are an
applicant for the full bar examination. Address changes must be received at
least ten (10) days prior to the date of grade release for examinees who move
after the bar exam. Address changes will not be accepted
over the telephone or via e-mail.
17. Are copies of prior exams available?
Past exams are available on this website (link). The Procedure and Evidence
portion was not available for disbursement until the February 1998
administration.
18. How can I obtain MPT sample questions
and/or practice MBE questions?
Sample questions may be obtained by writing to:
National Conference of Bar Examiners
402 West Wilson Street
Madison, WI 53703-3614
608-280-8550 or 800-782-5976
A link is available on the Board's
Links
page.
19. How can I obtain a copy of my previously filed Declaration and/or
Application?
Pursuant to Rule XX of the Rules
Governing Admission to the Bar of Texas and the agency's approved Records
Retention Schedule, most files are kept for five (5) years from the date you
were licensed or the date of last formal activity. Files are destroyed after
five years. If you were licensed or last applied more than five years ago, it
is likely your file has been destroyed. If so, we will issue a certified
statement to that effect.
Submit your request in writing using the
Copy Request Form.
You may mail or fax your request to the information on the form.
20. Is the Board of Law Examiners
associated with, or a part of, the State Bar of Texas?
No.
21. How much are bar dues?
Contact the State Bar of Texas, Membership Department: (512)
427-1383. The State
Bar's toll-free number is: 800-204-2222, ext 1383.
22. What are the telephone numbers for the State Bar of Texas, MCLE,
Membership, Supreme Court Clerk's office, and the Center for Legal Ethics and
Professionalism?
- State Bar of Texas 512-427-1463
- Membership Department, 512-427-1383
- MCLE Department, 512-427-1806
- Supreme Court Clerk's office 512-463-1312
- Center for Legal Ethics 512-427-1477
23. What are the ABA approved law schools in Texas?
Baylor University
School of Law
P. O. Box 97288
Waco, TX 76798
254-710-1911 |
South Texas College of Law
1303 San Jacinto
Houston, TX 77002-7000
713-646-1810 |
Southern Methodist University
School of Law
Storey Hall, Room 125
Dallas, TX 75275
214-768-2551 |
St. Mary's University
School of Law
One Camino Santa Maria
San Antonio, TX 78228
210-436-3531 |
Texas Southern University
Thurgood Marshall School of Law
3100 Cleburne Avenue
Houston, TX 77004
713-313-1004 |
Texas Tech University
School of Law
P. O. Box 40004
Lubbock, TX 79409
806-742-3791 |
Texas Wesleyan University
School of Law
1515 Commerce
Fort Worth, TX 76102
817-212-4046 |
University of Houston
Law Center
4800 Calhoun
Houston, TX 77204-6391
713-743-2185 |
University of Texas
School of Law
727 East Dean Keeton Street
Austin, TX 78705
512-232-1200 |
To view a list of all ABA-approved law schools,
click here.
24. Do expunged and/or sealed offenses need to be revealed?
While expunged or sealed offenses, arrests, tickets, or citations need not be disclosed, it is the applicant's/declarant's
responsibility to ensure the offense, arrest, ticket, or citation has, in fact,
been expunged or sealed. Failure to reveal an offense, arrest, ticket, or
citation that is not in fact expunged or sealed, raises questions related to
truthfulness in addition to questions regarding the offense itself.
25. Do offenses that are the subject to orders of
non-disclosure need to be revealed?
Pursuant to the Govt. Code [§552.142 (b)], if you have
criminal matters that are the subject of an order of non-disclosure you are not
required to reveal those criminal matters on the Declaration/Application form.
However, a criminal matter that is the subject of an order of non-disclosure may
become a character and fitness issue. Pursuant to other sections of the
Government Code [411.081(d), 411.081(i)(5), 411.083(b), 411.084(a), 411.087(a),
and 411.100], the Texas Board of Law Examiners is entitled to access criminal
history record information that is the subject of an order of non-disclosure.
So, if the BLE discovers a criminal matter that is the subject of an order of
non-disclosure, even if you properly did not reveal that matter, the BLE may ask
you to provide information about that criminal matter.
26. How do I become a lawyer?
The State Bar of Texas has helpful information on
becoming a lawyer. However, the Board of Law Examiners is
charged with determining whether each applicant for admission
to the State Bar is, in fact, qualified. No individual will be recommended
for admission to the State Bar of Texas until it is determined that they are in
compliance with the Rules Governing
Admission to the Bar of Texas. The Board of Law Examiners is not
associated with, or a part of, the State Bar of Texas.
27. What are the reasons that an Application or Declaration will be
returned unprocessed?
If:
a. you fail to provide supervisor information, where required;
b. you fail to provide telephone numbers, where required;
c. you fail to provide complete mailing addresses, including zip codes,
where required;
d. you fail to answer any question or subquestion;
e. you fail to include complete Continuation Forms and Criminal History
Forms for each question that requires them;
f. you fail to send the required fees;
g. any of your answers are indecipherable;
h. any signature notarized more than 90 days prior to our receiving it;
i. alteration of any of the language of any of our
forms, including the Affidavit or
Authorization and Release;
j. you fail to sign any document requiring your signature and/or failed
to have your signature notarized where required; or
k. you fail to write "N/A", if a question is inapplicable;
l. you fail to submit a current photo with your
Application or Re-Application. (Photos are not required for the
Declaration of Intent to Study Law.)
m. your Declaration or Application is on an outdated form. Forms
over one year old will not be accepted. Go to the
Applications Index for current
versions.
28. What are the filing deadlines for the
Declaration of Intent to Study Law (Texas law students only)?
First-semester law students ("entrants") must file their
Declarations according to the deadlines set out in
Rule VI(b). Failure to do so
will result in a late fee as set out in
Rule XVIII. Late filing Declarants may file at any time prior to or
concurrent with the filing of their In-State Application.
Transfer students in their first semester at a Texas law
school are also “entrants”, and must file their Declarations according to the
deadlines set out in Rule VI(b).
29. Can I use a private "pack & ship" or
overnight express service instead of the U.S. Postal Service as required in the
Board's postmark rule?
To meet a "postmark deadline," the Rule I(c) requirement
is to have your properly completed and addressed application (or reapplication
or declaration) and fees mailed with proper postage and then legibly postmarked by
the U.S. Postal Service on or before the due date. We see an unusual number of
deadlines missed due to using private "pack &ship" stores for mailing
applications. These may work some of the time, but the typical problems that come
to our attention include items returned to sender for improper postage or items
postmarked later than the day the store promised. If that happens, it is very bad
for you because you may have a store receipt for your purchase, but not the
timely U.S. Postal Service postmark specified in the rule. An overnight courier
service can be similarly problematic if the shipment does not arrive on or before
the deadline date during normal weekday business hours. Therefore it is strongly
recommended in the application instructions for you to use certified mail, go
to a U.S. Post Office counter and obtain a U.S. Postal Service certified mail
"white slip" postmarked receipt as proof of timely mailing. Deadlines are
strictly enforced.
FREQUENTLY ASKED QUESTIONS - GRADE RELEASE
1.
When is Grade Release?
Results are typically released during the first week of November for the July
Examination and during the first week of May for the February Examination.
Examinees are notified of the anticipated date of grade release with their
admission tickets to the Examination.
For the February 2013 Examination, the anticipated date of Grade Release is
Friday, May 3, 2013.
Do NOT contact our office to inquire if results will be released early.
2. When
and where
is the swearing-in ceremony?
Typically, the swearing-in ceremony takes place two to three
weeks after grades are released.
Examinees who pass and for whom the Board has received verification of all
licensing requirements as of the date of Grade Release are eligible to
participate. Likewise, examinees that pass but lack verification of one or
more requirements may participate if the necessary verification is received at
the Board office before the Wednesday that falls during the week prior to the
swearing-in ceremony.
For the February 2013
Exam, this deadline falls on May 8,
2013.
For February 2013 examinees, the swearing-in ceremony will be on
Monday, May 13, 2013, at 10:00 a.m. in the Frank Erwin Center, Austin, Texas.
All information regarding the swearing-in ceremony is included with the
results of those who passed the exam and are eligible to participate in the
ceremony.
3. What can I
expect at the swearing-in ceremony?
-
We suggest that you
arrive early at the Frank C. Erwin Center (15th Street & I35). Doors open at
8:30 a.m.
-
Parking is available at
13th & San Jacinto between 12th & 13th Streets (2 hours free), 1815 Trinity &
MLK ($10.00), or 15th & Red River ($10.00).
-
The ceremony will begin
at 10:00 a. m. and will last approximately 45 minutes.
-
Programs will be
available at the entrances of the Center.
-
New attorney licensees
should go directly to the floor of the Erwin Center where the chairs are set up.
-
Family and friends must
sit in the stands of the Erwin Center.
-
There is an oath
located in the program; or, will be available at the Membership Information
tables located on the concourse after the ceremony.
-
Retain, complete and
attach the oath to the back of your law license when you receive it in the mail.
-
New attorneys will be
sworn in mass toward the end of the ceremony following guest speakers.
-
After the conclusion of
the ceremony, go to the concourse for refreshments. Information tables will also
be set up and staff will be available to answer questions or provide assistance
regarding membership requirements and other information about the State Bar.
-
You will NOT be able to
register at the Erwin Center; however, you can go to the Texas Law Center to
register following the ceremony. Have your registration correspondence that was
mailed to you in your licensing packet completed. A map to the Law Center will
be available at the Membership Information tables.
-
Your bar card and law
license will be mailed to you after you have registered with the State Bar.
4. What
if grades were mailed to an old address?
Address
changes must be submitted in writing.
You may use the
Change of Address form. Fax
your new address to us at 512-463-5300. If
you have submitted an address change with the post office, grades will be
forwarded to the new address.
5. What
if I have not received my grades yet?
Because grades will be forwarded to a new address, duplicate grade
packets will not be mailed out until 2 weeks after grades are released, as
indicated in the instructions provided with the exam admission ticket.
Further, duplicate results will not be given to those who come to the
Board office until 2 weeks after grade release.
Copies
of the result letter, grades or any other result information will not be faxed
to anyone.
6. If
I do not plan to attend the swearing-in ceremony, how do I become licensed as
soon as possible?
The
result letter gives specific instructions to those who pass and are eligible to
be licensed. If you receive that
letter, please review it carefully. However,
merely being sworn in does not authorize you to practice law in Texas. You cannot legally practice law until you have filed your
registration form, along with your License fee, Bar dues, Attorney Occupation
tax and the Legal Services Fee, and have been issued a bar
card number. If you do not apply for licensure, your exam results will become
void two (2) years from the date on the result letter.
For
those who want to become licensed before the official swearing-in ceremony,
follow these procedures AFTER YOU RECEIVE THE GRADE PACKET:
1. Mail
the following items to the State Bar of Texas, Membership Department, P. O. Box
12487, Austin, Texas 78711-2487:
a.
a check, payable to the Clerk of the Supreme
Court, for bar dues and the license fee, in the applicable amount set out in the letter from the
Membership Department;
b.
a second check payable to the Texas State Comptroller,
for the occupation tax and Legal Services fee, in the applicable amount set out
in the letter from the Membership Department, or written
notification of an exemption;
c.
the completed State Bar Membership registration form.
2.
You may be sworn-in by any person authorized to administer an oath
(see
Texas Government Code, §602.002 and following). The oath to be mailed with
the license may also be found in the
Texas Government Code §82.037.
The Membership information and registration
form will be enclosed with
the grades for those examinees who are eligible to be licensed.
7. How
do I become licensed if I come to Austin and walk through the process?
AFTER YOU RECEIVE THE GRADE PACKAGE,
the process outlined above can be conducted in person. All the fees can be paid
at the Texas Law Center located at the Membership Department on the 5th floor.
However, the bar card and law license will not be available to be picked up
at the time the fees are paid. Bar cards and law licenses will be mailed for those who have walked in to pay fees. Questions about the State Bar membership
fees and process
should be directed to the Membership Department, 512-427-1383 or
via email at sgavin@texasbar.com.
8. Can
I pick up my license at the swearing-in ceremony?
No.
Bar cards and law licenses will be mailed.
Questions about the licenses should be directed to
the Supreme Court Clerk’s office, 512-463-1312.
9. If
I am lacking a licensing requirement, how do I become licensed once that
requirement is met?
After
the Board receives an original document verifying the satisfaction of the
lacking requirement, a new and complete licensing packet will be mailed to you.
As has been previously stated, any
Change of Address
must be received at the Board office in writing.
10. If
I do not pass the exam, how can I re-apply for the next exam?
File
the re-application form and a filing fee of $320 by the deadline, as set out in
Rule
IX(f), Rules Governing Admission to the Bar of Texas.
The $320 filing fee must accompany your re-application.
Further, the re-application must be fully completed, signed, and properly
notarized, or it will not be accepted for filing until such time as the problem
is cured. Your failure to heed this
warning could result in the rejection of your re-application as not being timely
filed.
If
your re-application is postmarked after the deadline, it will be returned to you
and you will not be eligible to take the exam.
If you choose not to take the next exam, you are required to meet the
regular timely filing deadline for any subsequent exam.
11. How
do I get a re-application form for the next exam?
Download
the Re-application form from the
Reapplication
link.
Re-application
information and a breakdown of your grades are also included in the grade packet
for examinees who did not pass the exam.
12. Can I
get my exam papers re-graded?
No.
All scores have been automatically checked for mathematical errors and
all papers with borderline scores have been re-graded and double-checked for any
mathematical errors before grades were released. For this reason, the Board will not grant any requests for
re-grading. No exceptions are made
to this policy.
Do
not call or write the Board requesting a re-grade of your exam papers.
All such requests will be automatically denied.
13. I did
not pass the exam. Can I look at my
papers to find out what I did wrong?
No,
because your Texas Essay, P&E, and MPT exam papers were distributed for
grading to the nine board members and their respective graders.
However,
Rule XI in the Rules Governing
Admission to the Bar of Texas does provide for two kinds of examination
reviews -- a formal review and an informal review.
You cannot request both a formal and an informal review of the same exam.
The purpose of a review under Rule XI is to assist you in improving your
performance on future exams. Such a
review is neither an appeal nor a re-grade of your performance on the exam.
Formal
Reviews -- Rule XI(g)
provides for a one-time formal review, which is an individual, oral review of
your performance on the exam (excluding the MBE). You are entitled to a formal review if you have failed the
TBE at least twice and have not previously had a formal review.
Regardless of the number of exams taken, you are entitled to only one
formal review. We must RECEIVE your written request for a formal review
within fourteen (14) days of the date shown on the result letter.
This is a receipt deadline, NOT a postmark deadline.
Examinees are strongly encouraged to fax their request for a review to
512-463-5300. The review takes
place during a regularly scheduled Board meeting.
We will notify you of the exact date and appropriate procedures after we
receive and process all requests.
Formal reviews for the February
2013 Texas Bar Examination are
tentatively scheduled for Saturday, June 8, 2013.
Informal
Reviews -- Rule XI(h)
provides for an informal review of your performance on the failed portions of
the exam. The examining Board
member has the discretion to decide whether this review will be an oral,
telephonic, or written review. You
are entitled to an informal review each time you fail the TBE.
We must RECEIVE your written request for an informal review within
fourteen (14) days of the date shown on the result letter. This
is a receipt deadline, NOT a postmark deadline.
Examinees are strongly encouraged to fax their request for a review to
512-463-5300. We will notify you of the appropriate procedures after we
receive and process all requests.
Please
read
Understanding the
TBE Scoring.
14. What was
the pass rate for the most recent exam?
View the Board's Statistics
page.
15. I passed
the exam. Can I have a breakdown of
my exam grades?
No.
Board policy does not provide passing examinees with a breakdown of their
grades. Passing
examinees will receive their final “Combined
Scaled Score” and their “Scaled MBE Score”
with
their result
letters.
16. Can
I find out my overall ranking on the Texas bar examination?
No. There is, however, a long-standing tradition that the examinees with the top
three scores will be recognized at the swearing-in ceremony. Overall
rankings are not otherwise produced.
17.
How will my name appear on my law license?
Your name will appear as you have written it on your Application to the
Texas Bar Examination. Applicants who submit a written request for a name change
must include appropriate documentation if such documentation has not already
been received at the Board office. If you have given a name that is in violation
of Rule XVII(a), then the license
will be issued as the name appears on your birth certificate or INS
documentation.
February 2013 examinees: if you have had a name change that you have not
already reported to the Board of Law Examiners, you must submit to the Board
office a written request for the name change and include the appropriate
documentation. The deadline for submitting a name change is Monday, April 22, 2013. If
your name change request is not received by that day, you may be charged for the
reproduction of a duplicate law license and bar card at the time of licensing.
Questions about name changes after the release of grades should be directed to
the Supreme Court of Texas Clerk’s office, 512-463-1312.
18.
What is after the Bar Exam?
The State Bar of Texas presents
AftertheBarExam.com,
a free online resource for all Texas Bar examinees, to address the concerns and
questions of those facing for the first time the challenges and opportunities of
a life in the law. Click on the link to learn more.
since March 10, 2004
Last modified
04/11/13 01:10 PM
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