SECTION 12.13. Representation by Counsel  


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  • (a) A respondent has the right to be represented by counsel retained by the respondent in any proceeding of a complaint.

    (b) Counsel representing a respondent shall enter an appearance with the commission that contains the counsel's mailing address, email address, and telephone and fax numbers. If the respondent's counsel is not licensed to practice law in Texas, the representative must show authority to appear as the respondent's counsel.

    (c) The commission may, through the approval of its presiding officer, admit an attorney who is a resident of and licensed to practice law in another state, and who is not an active member of the State Bar of Texas, to represent a respondent before the commission if the nonresident attorney complies with the requirements of Tex. Gov't Code §82.0361 and Rule XIX of the Rules Governing Admission to the Bar of Texas and files a motion, accompanied by proof of compliance with those provisions, with the commission requesting to be admitted to represent a respondent.

    (d) This rule does not allow a person to engage in the unauthorized practice of law.

Source Note: The provisions of this §12.13 adopted to be effective December 31, 1993, 18 TexReg 9711; amended to be effective July 5, 2004, 29 TexReg 6251; amended to be effective August 7, 2018, 43 TexReg 5055