|
CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
§ 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. |
