Texas falsely holding oneself out as a lawyer — Penal Code § 38.122

Falsely holding oneself out as a lawyer is charged as a third-degree felony in Texas, punishable by 2 to 10 years in prison and a $10,000 fine. L and L Law Group represents people facing these charges in courts across North Texas, including Collin and Denton Counties.

The controlling statute

Texas Penal Code § 38.122 makes it a third-degree felony for a person who is not licensed to practice law to hold himself or herself out as a lawyer with intent to obtain economic benefit. The statute reaches paralegals exceeding their authority, immigration consultants impersonating attorneys, disbarred attorneys continuing to practice, and out-of-state lawyers practicing without pro hac vice authorization. The State Bar of Texas Unauthorized Practice of Law Committee refers most cases to the Travis County DA, though local prosecutions occur statewide.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 38.122 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant was not licensed to practice law in Texas
2. Defendant held himself or herself out as a lawyer
3. With intent to obtain an economic benefit
4. Defendant acted intentionally or knowingly

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Falsely Holding Oneself Out as a Lawyer case:

• Licensure — defendant was admitted in Texas at the time of the conduct
• Pro hac vice authorization — proper court admission of out-of-state attorney negates UPL
• Limited license practice — Texas Government Code § 81.101 exemptions for certain non-attorney activities
• Lack of intent to obtain economic benefit — gratuitous family help may fall outside the statute
• Mistake of fact about licensure status under § 8.02
• First Amendment challenges to advertising restrictions (limited application)

Enhancements & collateral consequences

Already a third-degree felony, with parallel state-bar disciplinary proceedings against any licensed attorney who aids unauthorized practice (per Texas Disciplinary Rules of Professional Conduct 5.05). When the UPL involves theft or fraud, prosecutors typically stack charges under § 31.03 (Theft) and § 32.46 (Securing Document by Deception). Federal exposure under 18 U.S.C. § 1341 (Mail Fraud) common where interstate solicitation is involved.