Tex. Penal Code Section 38.122
Falsely Holding Oneself out as a Lawyer

Mentioned in

Mistakes with the Mistake Defense in Texas Criminal Law

St. Mary's Law Journal, January 23, 2023

“When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity…”
 
Bibliographic info

(a)

A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person holds himself or herself out as a lawyer, unless he or she is currently licensed to practice law in this state, another state, or a foreign country and is 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.

(b)

An offense under Subsection (a) of this section is a felony of the third degree.

(c)

Final conviction of falsely holding oneself out to be a lawyer is a serious crime for all purposes and acts, specifically including the State Bar Rules.
Added by Acts 1993, 73rd Leg., ch. 723, Sec. 5, eff. Sept. 1, 1993.

Source: Section 38.122 — Falsely Holding Oneself out as a Lawyer, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­122 (accessed Jun. 5, 2024).

38.01
Definitions 38.02
Failure to Identify 38.03
Resisting Arrest, Search, or Transportation 38.04
Evading Arrest or Detention 38.05
Hindering Apprehension or Prosecution 38.06
Escape 38.07
Permitting or Facilitating Escape 38.08
Effect of Unlawful Custody 38.09
Implements for Escape 38.10
Bail Jumping and Failure to Appear 38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility 38.12
Barratry and Solicitation of Professional Employment 38.13
Hindering Proceedings by Disorderly Conduct 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer 38.15
Interference with Public Duties 38.16
Preventing Execution of Civil Process 38.17
Failure to Stop or Report Aggravated Sexual Assault of Child 38.18
Use of Collision Report Information and Other Information for Pecuniary Gain 38.19
Failure to Provide Notice and Report of Death of Resident of Institution 38.111
Improper Contact with Victim 38.112
Tampering with Electronic Monitoring Device 38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site 38.114
Contraband in Correctional Facility 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility 38.122
Falsely Holding Oneself out as a Lawyer 38.123
Unauthorized Practice of Law 38.151
Interference with Police Service Animals 38.152
Interference with Radio Frequency Licensed to Government Entity 38.171
Failure to Report Felony 38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 38.122’s source at texas​.gov