(Texas) Bar exam eligibility as a Canadian lawyer Forum

[acal078]

Hi everyone, not sure if anyone will know the answer to this very specific question, but might as well give it a shot and might be helpful for others.

I am a Canadian lawyer, and I have been an associate for 2 years now (will begin my 3rd year in September). I have been considering a move to the U.S. and, specifically, to Texas as I have friends and family there. Since I will need to write the bar exam, I looked up the eligibility requirements for sitting the bar, and it looks like I need to have been practicing law for 3 of the last 5 years.

For those who don't know, in Canada, once we graduate law school, we write the bar exam, and then need to complete an "articling" period. You essentially are working as a lawyer under the guidance of a principal (a senior associate or a partner) for 10 months. After this, you get called to the bar and are officially a lawyer. While an articling student, you are called a "student-at-law", at least in Ontario where I reside.

My question is - does the 10 month articling period count towards the 3 in 5 years requirement, or does the timer start only as of the date I started as an associate? Since I am only a 2nd year associate now, this basically determines whether I can sit the Texas bar now, or if I have to wait another year.

Any information helps! Thank you.

P.S. Yes, I know I can contact the Texas Board, but in past dealings with these boards (e.g., New York), no one gives you a straight answer. If anyone here has personal experience or knowledge, that would be much more helpful.

[BrainsyK]

Fellow Canadian in Texas here and without any experience in this topic, my guess is would be no. The logic would probably be from their end that in order to engage in the lawful practice of law, you have to be a licensed attorney, and before you're called to the bar, you're not a licensed attorney. Maybe someone more experienced could chime in, but you're right, it's an extremely niche question.

By the way, if you're looking for a biglaw referral as part of your effort to move, I'm happy to provide one.

[acal078]

Really appreciate the input! That is my guess as well...I will try to call them and see if I can get any clarity. If anyone else has experience in the matter, please let me know.

On your offer, that is very kind of you! I will pm you. Thanks very much.

[Doris]

Hello everyone, acal078 and BrainsyK,

I know it’s been a few years since acal078 made the original post. But I’m hoping to still get a response from on his/her thread. I am in a Canadian lawyer considering moving to Texas. I just started at looking into the process including eligibility requirements for sitting the bar, so pardon me if my post shows that I have not done much research.

I have 7 years experience in Canada and 1 more from my original home country. I have moved a few times, including within Canada and as a result, I have had to do the accreditation process a few times. I am currently in the 3rd jurisdiction where I am licensed to practice law. Texas will be my 4th but 1st in the US, but still not daunted by taking this one on. I am wondering/hoping that my 7 years experience in Canada can be useful in completing this process in Texas. Also, I look forward to reading any tips from acal078, BrainsyK or anyone who has personal experience on this.

[BrainsyK]

If you've practiced for 3 or more years in Canada, it should be fine. You can DM if you have any further questions since a lot of this depends on the exact details of your personal situation.

[Doris]

I really appreciate your prompt response, BrainsyK. Unfortunately, I am unable to send a PM as I am new on the site. It says:

“We are sorry, but you are not authorised to use this feature. You may have just registered here and may need to participate more in discussions to be able to use this feature.”

I am not sure if I meet the requirements for admissions without examination. In reading the primary eligibility requirements to be licensed in Texas without taking the Texas Bar Examination, as follows and I have questions about 2 and 4:

1. Most hold a J.D. from an ABA-approved U.S. law school or satisfy each element of a Rule 13 exemption from the law study requirement;

2. Must be licensed to practice law in another state;

3. Must have been actively and substantially engaged in the lawful practice of law as your principal business or occupation for at least 5 of the 7 years immediately preceding your application;

4. For applications submitted before December 1, 2019, must have never failed the Texas Bar Examination.

My understanding of 2’s reference to “another state” is another state in the US. And my understanding of 4 is that one must have taken and never failed the Texas Bar exams to meet the eligibility requirements. If my understanding on these 2 items is correct, then I do not meet the requirements for admissions without examination and I have to take the Texas Bar examination.

Thank you for your time.