Application for Military Service Member or Military Spouse Temporary License

1. Rules
Rules

Rule 23 §2, Military Service Member or Military Spouse Temporary License provides:

A Military Service Member or a Military Spouse is eligible for a five-year temporary license to practice law in Texas if the Military Service Member or the Military Spouse: (a) is admitted to practice law in another State; (b) is in good standing in all jurisdictions where admitted and an active member of the bar in at least one State; (c) is not currently subject to discipline or the subject of a pending disciplinary matter in any jurisdiction; (d) has never been disbarred or resigned in lieu of discipline in any jurisdiction; (e) has never had an application for admission to any jurisdiction denied on character or fitness grounds; (f) meets the law study requirements of Rule 3 or is exempted under Rule 13 §§ 3, 4, or 5; and (g) has satisfactorily completed the Texas Law Component.

It is your responsibility to carefully read the Rules Governing Admission to the Bar of to determine whether you qualify. We cannot give any advisory opinions, and we will not make any determination of eligibility before an application is filed.

Do not apply if you do not meet the requirements.

2. Electronic Communications
Electronic Communications

It is important that you check this website and your ATLAS account on a regular basis to review our latest postings. We will correspond with you primarily through your ATLAS account, but we may also correspond with you by e-mail and through the U.S. postal service. You must keep your e-mail address and mailing address updated in your ATLAS account.

You are deemed by the Board to have received and read:
  • e-mail we send to the e-mail address you have provided in your ATLAS account
  • messages we post in your ATLAS account
  • mail we send to you at the mailing address you have provided in your ATLAS account.

TIP: Add @ble.texas.gov and noreply@ble.texas.gov to your contacts or address book to ensure that your internet provider does not filter out e-mails we send you.

3. Filing Fee
Filing Fee
There is no fee for this application.
4. Personal Information
4.1 Identifying Information
If you need to update your full name, as it appears on your government-issued ID, or your place of birth, click the "Personal Info" tab at the top of this screen.
Please type your name as you would like it to appear on your law license.
A law license may be issued only in the name shown on a valid, government-issued identification card, except that a given name may be omitted or represented by an initial if the Applicant so requests in writing. No license may be issued using an alias, assumed name, nickname, or abbreviation of a name. For more information, please see FAQs – Grade Release, Swearing-In, and Licensing.
4.2 Contact Information
5. Educational Information
5.1 Law School Information
2.1.1 Indicate the Law School from which you will receive or have received your J.D. or other initial law degree. If your law school is located in the United States, but is not ABA-approved, select NON-ABA APPROVED U.S. LAW SCHOOL. If your law school is located outside of the United States, select FOREIGN LAW SCHOOL. (Do not enter LL.M. information here.)
Note: If you attended law school within the last 5 years, provide a signed copy of the application (including all attachments, amendments, and updates) you filed with each law school you have attended.
Indicate the Law School in which you are enrolled for an LL.M. program or form which you have received an LL.M. degree.
Note: If you attended law school within the last 5 years, provide a signed copy of the application (including all attachments, amendments, and updates) you filed with each law school you have attended.
6. Bar Admissions and Applications
6.1 State Bar Admissions
For each period of inactivity, list the date your license became inactive, the date it became active again (if applicable), and the reason it was inactive:
 
6.2 Foreign Bar Admissions
For each period of inactivity, list the date your license became inactive, the date it became active again (if applicable), and the reason it was inactive:
 
6.3 Pending Bar Application
6.4 Past Bar Application or Registration Submitted But Not Admitted
Detailed explanation
 
6.5 Hearing or Inquiry
Detailed explanation
 
6.6 Attorney Discipline
Note: if you have been disciplined for professional misconduct in the course of practicing law, or if you have resigned a law license in lieu of disciplinary action, read Rule 4(e) carefully. You may be prohibited from filing this application.
Detailed explanation
 
6.7 Attorney Complaint or Grievance, Regardless of Discipline
Detailed explanation
 
7. Legal Employment
Applicability

If you have an ABA-approved J.D., then this section does not apply to you. You may leave it blank.

If you do not have an ABA-approve J.D. and you are applying under Rule 13 §3 (attorneys with non-ABA JDs from state-accredited law schools in the U.S.) or Rule 13 §(4)(a) (attorneys with initial law degrees from foreign law schools based on common law and no qualifying LL.M.), then you must document that you have been actively and substantially engaged in the lawful practice of law as your primary business or occupation for at least 3 of the 5 years immediately preceding the date you submit your application.

If you have a qualifying LL.M. and are applying under Rule 13 §5, then this section does not apply to you. You may leave it blank.

7.1 Legal Employment
Reason For Leaving
 
Explain
 
Please read carefully, and choose the one paragraph that describes your practice of law in Texas
Please explain
 
Please explain how it was lawful to practice law in the jurisdiction without being licensed there. Cite appropriate rules, statutes, or opinion, and use the “Upload Required Documents” feature to upload copies of cited authorities.
 
Please use the “Upload Required Documents” feature on your ATLAS home page to upload a sample of the business card(s) you used, and indicate the time period during which each sample was used.
Please use the “Upload Required Documents” feature on your ATLAS home page to upload sample(s) of the letterhead you used, and indicate the time period during which each sample was used.
7.2 Other Legal Employment Outside of Licensing Jurisdiction(s)
In order to have such employment considered for purposes of meeting any practice requirement of Rule 13 or Rule 14, you must cause the jurisdiction in which the activity occurred to confirm in writing to the Board that it regards such practice as lawful. If it is demonstrated that written confirmation of lawful practice has been sought from the jurisdiction and cannot be obtained, alternate proof of lawfulness can be provided in the form of a written statement citing court rule, statute or other authority in the jurisdiction, demonstrating to the satisfaction of the Board that the jurisdiction does not regard such activity or practice as unlawful.
7.3 Pro Hac Vice
8. Upload Required Documents
8.1 Government Issued ID

Use the “Gov’t Issued ID” link in the Upload Required Documents feature on your ATLAS home page to upload a scan of your current, valid government-issued photo ID. Driver licenses and passports are acceptable.

You will not be able to submit your application until you have uploaded this Required Document.

9. Supplemental Documentation
9.1 Certificate of Good Standing (CGS) and Statement of Discipline

You must arrange for the appropriate authority to mail us a certificate of good standing and a statement of discipline from every state or foreign jurisdiction where you are licensed or authorized to practice law.

Each CGS and statement of discipline must be issued within 30 days of the date that you submit this application.

The CGS and statement of discipline are required even if your license or authorization in a particular jurisdiction is inactive.

You must submit an English translation of any required document that is not written in English.

9.2 Military Service Member or Military Spouse Documentation
Please use the "Upload Required Documents" feature to upload:
  • A copy of your Military Service Member or Military Dependent identification documents
  • A copy of the Military Service Member's orders showing the service member's duty station in compliance with military orders
9.3. Satisfying Practice Time Requirement—Rule 13 §3 and Rule 13 §4(a) only
9.3.1 Applicability

If you have an ABA-approved J.D., then this section does not apply to you.

If you do not have an ABA-approve J.D. and you are applying under Rule 13 §3 (attorneys with non-ABA JDs from state-accredited law schools in the U.S.) or Rule 13 §(4)(a) (attorneys with initial law degrees from foreign law schools based on common law and no qualifying LL.M.), then you must document that you have been actively and substantially engaged in the lawful practice of law as your primary business or occupation for at least 3 of the 5 years immediately preceding the date you submit your application.

If you have a qualifying LL.M. and are applying under Rule 13 §5, then this section does not apply to you.

9.3.2. Determining What Counts as the Active, Substantial, and Lawful Practice of Law

Rule 1(a)(11) describes the practice of law to include:

  1. private practice as a sole practitioner or for a law firm, legal services office, legal clinic, public agency, or similar entity;
  2. practice as an attorney for an individual or for a corporation, partnership, trust, or other entity with the primary duties of furnishing legal counsel and advice; drafting and interpreting legal documents and pleadings; interpreting and giving advice regarding the law; or preparing, trying, or presenting cases before courts, departments of government, or administrative agencies;
  3. practice as an attorney for a local government or the state or federal government, with the same primary duties described in the preceding subsection;
  4. employment as a judge, magistrate, referee, or similar official for a local government or the state or federal government, provided that the employment is open only to licensed attorneys;
  5. employment as a full-time teacher of law at an approved law school;
  6. any combination of the preceding categories.
  7. The Board has adopted a Policy Statement on Practice Requirements for Rule 13, which is available at Application Forms – Ancillary Forms Information -- Other.
  8. For work as an attorney in (or from within) any jurisdiction without being licensed as an attorney in that jurisdiction, you must provide a written statement, including citation of court rule, statute or binding authority in that jurisdiction, demonstrating to the satisfaction of the Board that the jurisdiction does not regard such activity or practice as unlawful.
9.3.3. Documenting the Active, Substantial, and Lawful Practice of Law

Proof of Income. You must provide proof of income you earned from the practice of law for at least 3 of the last 5 years immediately preceding the filing of your application.

  1. For income you earned from the practice of law as an employee (Form 1040, Line 8), upload:
    1. Form 1040 and all relevant W-2s; or
    2. A Wage & Income Transcript (if available).
  2. For income you earned from the practice of law through sole proprietorship, single-member LLC, or other small business that reports on Form 1040, Line 12, upload:
    1. Form 1040 and Schedule C; or
    2. A Wage & Income Transcript (if available).
  3. For income you earned from the practice of law through a Partnership, S Corporation, or other entity that reports on Form 1040, Line 17, upload:
    1. Form 1040, Schedule E, and all relevant K-1s; or
    2. A business return and all relevant K-1s; or
    3. A Wage & Income Transcript (if available).
  4. For income you earned in another country from the practice of law, upload:
    1. A copy of each income tax form and schedules required to be filed by you in that country.

Wage & Income Transcript. To request a Wage & Income Transcript, submit Form 4506T to the IRS. Under Step 6, you must select Option C – Record of Account. The IRS will only provide transcripts for the current year and returns processed during the prior 3 processing years. If a Wage & Income Transcript is not available for a particular calendar year, you must provide the other documentation set out above.

No tax returns. For any of the 5 calendar years during which you are claiming employment as an attorney but for which you have not filed a federal income tax return or other form, provide documentation of your total adjusted gross income and the portion of that income attributable to your law practice.

Authorization to Practice Law. Generally, at all times during the period of practice for which credit is sought, you must have had an active law license under which you have been, lawfully entitled to practice law in the issuing jurisdiction, unless controlling federal or foreign law provides otherwise.

For each jurisdiction in which you practiced law without holding a valid, active license issued by the jurisdiction in which the practice occurs, you must have the jurisdiction in which the practice occurs to confirm in writing to the Board that it regards such practice as lawful in order for it be considered for purposes of any practice requirement of Rule 13, Rules Governing Admission to the Bar of Texas. Only when it is demonstrated that written confirmation of lawful practice has been sought from the jurisdiction and cannot be obtained, alternate proof of lawfulness can be provided in the form of a verifiable written statement citing court rule, statute or other authority in the jurisdiction, demonstrating to the satisfaction of the Board that the jurisdiction does not regard such activity or practice as unlawful.

Proof of authorization to practice law may be satisfied by proof that you were lawfully engaged in the practice of law as an in-house counsel in a foreign jurisdiction that requires a person to surrender the person’s license in order to practice in-house.

Military Lawyers. If you are seeking to count practice as a military lawyer, you must submit copies of all officer evaluation performance reports for the period of time you are claiming, in addition to your DD Form 214, as applicable, at the time you file your application.

Part-Time Practice. Demonstrated practice of at least 30 hours per week is necessary to establish active and substantial practice. If your practice experience includes part-time law practice, or time that may not be counted under the Policy Statement on Practice Requirements for Rule 13, you may be required to establish the actual number of hours per week you rendered legal services for that period of time to count toward the Rule 13 requirements.

No credit will be given for practice unless the required documentation is provided. You must submit an English translation of any required document that is not written in English.

10. Verification of Application
10. Verification of Application

I have completed an application for submission to the Board of Law Examiners through my ATLAS account on the Board’s website, seeking licensure or certification under the Rules Governing Admission to the Bar of Texas adopted by the Supreme Court of Texas. I hereby verify that my responses in the application are full, frank, true, and correct. All documents I provided to the Board with the application are to the best of my knowledge true and correct copies of the original documents.

While my application is pending, I am bound by the Rules Governing Admission to the Bar of Texas and Sec. 82.001 et seq. of the Texas Government Code, as well as any subsequent amendments.

While my application is pending, I am obligated to promptly amend my application as needed so that my responses remain full, frank, true, and correct, and to promptly furnish any additional information and documentation requested by the Board.