For general information about MJP, please see the MJP General page.
Texas has not adopted a version of ABA Model Rule 5.5 for the Texas Disciplinary Rules of Professional Conduct that would allow attorneys licensed in other jurisdictions to practice law in Texas without engaging in the unauthorized practice of law. (Texas Rule 5.05).
Rule 8.05 (Jurisdiction) is not the ABA Model Rule 8.5 granting more leeway for attorneys practicing in multiple jurisdictions but still applies to such practices and discusses the potential problem of conflicting rules.
Disciplinary Authority. A lawyer is subject to the disciplinary authority of Texas, if admitted to practice in Texas or if specially admitted by a court of Texas for a particular proceeding. In addition to being answerable for conduct occurring in Texas, any such lawyer may also be disciplined in Texas for conduct occurring in another jurisdiction or resulting in lawyer discipline in another jurisdiction, if the practice is professional misconduct under Rule 8.04. (8.05(a)).
Comment 2 clarifies that Texas lawyers are subject to Texas discipline for conduct occurring in another jurisdiction.
Comment 3 states that if the Texas rules of professional conduct conflict with another jurisdiction’s rules, conflict of laws principles may apply. Similar problems can arise when a lawyer is licensed to practice in more than one jurisdiction and these jurisdictions impose conflicting obligations. A related problem arises with respect to practice before a federal tribunal, where the general authority of the state to regulate the practice of law must be reconciled with such authority of the federal tribunals. In such cases, Texas will not impose discipline for conduct arising in connection with the practice of law in another jurisdiction or resulting in lawyer discipline in another jurisdiction unless that conduct constitutes professional misconduct under Rule 8.04.
Comment 4 states that normally, discipline will not be imposed in Texas for conduct occurring solely in another jurisdiction or judicial system and authorized by the rules of professional conduct applicable to that jurisdiction even if that conduct would violate the Texas rules of professional conduct. However, different rules apply for advertisements and solicitations.
The remaining provisions of Rule 8.05 concern advertisements and solicitations.