1
Why A Texas Board of Law Examiners Probationary License should be considered
If Texas Bar Applicant has a history of alcohol use, controlled substances, and/or chemical dependency, or a criminal history, or any combination of substance abuse and disclosure issues, a decision should be made that upon completion of all the requirements for admission whether a probationary license should be sought. If the applicant has a Predetermination Hearing scheduled, it is the opinion of the author that the Panel of the Board hearing the matter may appreciate the candor of an applicant and approve a probationary license in a contested hearing. If it appears that the staff attorney will not make a recommendation for a probationary license and based on the documents produced and facts presented that a regular license is out of reach, then make the presentation centered on why a probationary license is appropriate. A probationary license should be considered in a situation where the applicant may be facing a denial of the application.
2
Texas Board of Law Examiners Probationary License: The Staff Attorney Role
Rule XVI Probationary Licenses mandates that the Board grant a Probationary License if the Applicant suffers from chemical dependency or has been convicted of, or is on probation for, a first offense of driving while intoxicated or the Board determines that the protection of the public requires temporary monitoring of the Applicant in question. If these conditions exist or the facts are present that meet these requirements, the Applicant should consider agreeing with the BOLE Staff Attorney to make a recommendation to the Board for a Probationary License. This may obviate the necessity of a hearing, and if the Applicant and the Staff Attorney can agree upon a Probationary License, and this agreement is made to the Board of Law Examiners', the chances of success increase. If an agreement can not be reached, it still may be in the applicant's best interest to stipulate to all the facts and request from the Board a probated license.
3
Texas Board of Law Examiners Probationary License: Probation Requirements
This is no probation in the criminal sense. A probation officer is not assigned and monthly report-ins are not required. If you look at the conditions listed under Board Rule XVI, you will see what is required and it is not onerous. In the past 10 years, the author's experience has been that all of the applicants he has represented who have received a probationary license, have successfully completed their probation and received regular law license. Usually a probationary license is only for one year and if you go to the Texas State Bar website, the attorney on probation will have this designation so noted. But after the time period of probation is successfully completed, no further designation is made. There is no permanent record for the public to review that the applicant was on probation. At the end of the probationary period, the applicant's employer is sent a form asking for verification of the employment and little else. Flight right and the probation will end and no record.
