Sec. 38.123. UNAUTHORIZED PRACTICE OF LAW. (a) A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person:
(1) contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury;
(2) advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages;
(3) advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages;
(4) enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action; or
(5) enters into any contract with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding.
(b) This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where licensed.
(c) Except as provided by Subsection (d) of this section, an offense under Subsection (a) of this section is a Class A misdemeanor.
(d) An offense under Subsection (a) of this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under Subsection (a) of this section.
Added by Acts 1993, 73rd Leg., ch. 723, Sec. 5, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 8 - Offenses Against Public Administration
Chapter 38 - Obstructing Governmental Operation
Section 38.02. Failure to Identify
Section 38.03. Resisting Arrest, Search, or Transportation
Section 38.04. Evading Arrest or Detention
Section 38.05. Hindering Apprehension or Prosecution
Section 38.07. Permitting or Facilitating Escape
Section 38.08. Effect of Unlawful Custody
Section 38.09. Implements for Escape
Section 38.10. Bail Jumping and Failure to Appear
Section 38.11. Prohibited Substances and Items in Correctional or Civil Commitment Facility
Section 38.111. Improper Contact With Victim
Section 38.114. Contraband in Correctional Facility
Section 38.12. Barratry and Solicitation of Professional Employment
Section 38.122. Falsely Holding Oneself Out as a Lawyer
Section 38.123. Unauthorized Practice of Law
Section 38.13. Hindering Proceedings by Disorderly Conduct
Section 38.15. Interference With Public Duties
Section 38.151. Interference With Police Service Animals
Section 38.152. Interference With Radio Frequency Licensed to Government Entity
Section 38.16. Preventing Execution of Civil Process
Section 38.17. Failure to Stop or Report Aggravated Sexual Assault of Child
Section 38.171. Failure to Report Felony
Section 38.18. Use of Accident Report Information and Other Information for Pecuniary Gain
Section 38.19. Failure to Provide Notice and Report of Death of Resident of Institution