Lype, Dest & Smith have years of experience successfully representing applicants before the Texas Board of Law Examiners.
The Texas Board of Law Examiners (BLE) is responsible for ensuring applicants for admission to the State Bar of Texas meet the qualifications established by the Supreme Court of Texas. An important part of this process is certifying that the applicant possesses the good moral character and fitness required for admission as an attorney.
After receiving and evaluating an application for admission or a declaration of intention to study law, the Board of Law Examiners will notify certain applicants that the Board has made a preliminary determination that the applicant lacks good moral character or fitness. This could be due to the applicant’s past criminal history, disciplinary action during law school or undergraduate studies, being untruthful on their application, alcohol or substance abuse, or any number of other issues that can call into question an applicant’s fitness. The preliminary determination letter will state the reasons for the BLE’s determination and set a deadline for requesting a hearing. If the applicant does not appeal the determination, it will become final, and they will not be allowed to practice law.
If the applicant contests the preliminary determination, they will likely be scheduled for a character and fitness hearing. These hearings are essentially short trials before three Board members, all of whom are attorneys. The BLE will be represented by one of their attorneys who serves a role like that of a prosecutor in a criminal setting. The BLE attorney at Lype, Dest & Smith Lawyers almost always calls the applicant as their first and often only witness. At the hearing, the BLE attorney will also enter documents and other evidence they believe establishes the applicant’s lack of moral character and fitness.
Applicants are allowed to be represented by their own attorney at the hearing and throughout the appeal process. Applicants can even receive an attorney’s assistance when filing their initial application or declaration of intent. The attorneys at Lype, Dest & Smith have years of experience successfully representing applicants before the Texas Board of Law Examiners. These years helping applicants means we know which approaches are likely to achieve the best outcome for each client. We understand the types of evidence and character testimony the BLE values and are most likely to lead to a client’s admission as an attorney.
The legal profession places a high value on honesty, integrity, and accountability. The Board of Law Examiners reviews every case with these three concepts in mind. It is very possible to become a licensed attorney even with multiple past instances of poor judgment. However, all too often we see unrepresented applicants denied admission to the bar after taking the wrong approach or testifying poorly at their hearing. Competent and experienced representation is often the deciding factor between applicants who are denied and those admitted to legal practice.
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.
Years of experience: 15 years
Bar number: 24065658
Location: Austin, TX
Below is a small sample of different Texas Board of Law Examiners cases handled by the attorneys at Lype, Dest & Smith.
The applicant received significant discipline while in law school based on a determination they had engaged in a non-consensual intimate encounter with another law student. The Board of Law Examiners made a preliminary finding that the applicant lacked the good moral character and fitness required for admission as an attorney. We appealed and the client’s case went to a hearing before three Board members. Our presentation focused on an acceptance of responsibility and personal growth while also establishing important extenuating circumstances surrounding the event at issue. The Board members decided the client did possess good moral character and fitness and the client was licensed as an attorney.
The client had been disciplined by their law school after they cheated on the write-on competition for law review. The Board of Law Examiners made a preliminary determination that the client lacked the required good moral character and fitness. The client appealed this determination and their case as scheduled for a character and fitness hearing. Our approach focused on preparing the client to testify to successfully convey their full acceptance of responsibility and show how this event had been a major learning experience. We also presented credible character witnesses who confirmed that the client was honest and accountable despite their instance of poor judgment while in law school. The BLE found in favor of the client’s good character and fitness, and they were licensed as an attorney.
The applicant went to law school after prior service in the military and a career in the insurance industry. The client had a long history of alcohol abuse and had also been terminated from their most recent pre-law school employer for failing to fulfill their job duties. The Board of Law Examiners notified the client of a preliminary determination that they lacked good moral character and fitness. We then presented additional information establishing the client’s long-term sobriety and showing they had been a reliable and hard-working student and employee since starting law school. The Board of Law Examiners agreed to withdraw their preliminary determination without the need for a character and fitness hearing.
The client went to law school after a prior career in real estate and being licensed as a title agent. The client had lost her title insurance agent’s license due to her alleged involvement in a fraudulent scheme involving newly built homes. Based on the alleged fraud and surrender of the client’s title agent’s license, the Board of Law Examiners made a preliminary determination that the client lacked good moral character and fitness. The client’s case proceeded to a character and fitness hearing where we successfully showed the client had not been a part of the fraudulent scheme. The Board members found the client possessed good moral character and they were admitted as an attorney.
Texas Medical Board Defense
Physician peer review and credentialing
Nursing Peer Review
Texas Pharmacy Board Defense
Texas Board of Nursing Defense
Texas Dental Board Defense
Texas Board of Law Examiners Defense
Medicare and Medicaid Exclusions, Payor Audits, and Related Enforcement Actions
DEA Defense
Professional License Defense
BHEC Defense
As an aspiring attorney you likely know one of the classic mistakes a lawyer can make is representing themselves. It is neither necessary nor prudent to face the Texas Board of Law Examiners alone. If you have received a negative preliminary determination letter or have concerns about issues that may affect your application, contact Lype, Dest & Smith for a consultation.
Client Reviews
A thorough and experienced lawyer. We are grateful to have Dan and his staff helped us with our case, dealing with Texas Medical Board. Dan is honest, experienced and very thorough. He was supportive throughout the proceedings. His caring and calm nature has made us feel at ease during the whole process. His office staff was professional and responsive. Dan responded to our phone calls and emails promptly. We wholeheartedly recommend Dan and his firm without any reservation.
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If you or a loved one needs legal help, please fill out the form below for your consultation or call us at 512-881-3556
“ Wonderful Administrative Lawyer. Mr. Lype represented me at a hearing before the Texas Board of Law Examiners. After substantial preparation, I was well prepared for the hearing. Dan has relationships with the staff members and was able to help me understand exactly what to expect. With Dan’s assistance I was ab...”
“ Great Attorneys in Texas. This attorney is very diligent ,calm ,professional who will listen to you and very aggressive in his pursuit for justice for his clients.His main goal is exoneration for which he effortfully seeks.Plea deal would be his lost resort. Recently successfully represented me before the Texas Me...”
“ Worth every penny. Mr Lype is a bulldog when it comes to defending his client. He is diligent, agreesive and great listener. He provides timely updates on your case. Mr Lype is very verse in the healthcare laws of Texas and is worth having on your team. I would use him every time. ”
“ Highly recommend. I had pretty serious allegations resulting in an investigation. Dan helped guide me perfectly And gave me reassurance that I really needed.. He knew exactly how much information to provide at each step along the way. During my hearing, he pleaded my case very effectively. Due to his expertise, my...”
If you or a loved one needs legal help, please fill out the form below for your consultation or call us at 512-881-3556
