Falsely Holding Oneself Out as a Lawyer

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Contents

Degree

Falsely holding oneself out as a lawyer is a third degree felony.

Statute(s)

§ 38.122. FALSELY HOLDING ONESELF OUT AS A LAWYER.
(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, § 5, eff. Sept. 1, 1993.

Caselaw

Collateral Consequences

Felony Conviction

Likely to be construed as a Crime of Moral Turpitude

The statute makes special mention that the State Bar Rules shall hold this to be a serious crime, so, assuming you are not a lawyer already, you will certainly not be admitted to practice in Texas with a conviction under this statute.

Notes

Discuss this offense with The Law Office of Alison Grinter

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