Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.122 (2026)

Falsely Holding Oneself Out As A Lawyer

✓ current as of May 2026
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Sec. 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, Sec. 5, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 40 cases (1 in the last 5 years), 1997–2026 · leading case: Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013).
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Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). · cites it 18× “Celis - 3 violation of Texas Penal Code Section 38.122, which, hereafter, we refer to as the “false- lawyer statute.”
Mauricio Rodriguez Celis v. State, 354 S.W.3d 7 (Tex. App. 2011). · cites it 8× “See Tex. Penal Code Ann. § 38.122 (a) (West 2003).”
Rodriguez v. State, 336 S.W.3d 294 (Tex. App. 2010). · cites it 2× “” Tex. Penal Code Ann. § 38.122 (a) (West 2003).”
Satterwhite v. State, 952 S.W.2d 613 (Tex. App. 1997). · cites it 8× “See Tex. Penal Code Ann. § 38.122 (Vernon 1994).”
Ex Parte Lemke, 13 S.W.3d 791 (Tex. Crim. App. 2000). “Tex. Penal Code § 38.122 (felony offense of Falsely Holding Oneself Out as a Lawyer); see Satterwhite v.”
Satterwhite v. State, 979 S.W.2d 626 (Tex. Crim. App. 1998). · cites it 4× “The State must prove intentional, knowing or reckless conduct on the part of the accused to obtain a conviction under Texas Penal Code § 38.122; such would rarely be provable in the instances cited in the two previous sentences.”
Rodriguez v. State, 538 S.W.3d 623 (Tex. Crim. App. 2018). “at 424-25 ; Tex. Penal Code § 38.122. Celis , 416 S.W.”
Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014). “The statute does not explicitly assign a culpable mental state to the act of holding oneself out to be a lawyer, see Tex. Penal Code § 38.122(a), but it is hard to imagine how someone could hold himself out to be a lawyer without knowing that he is doing so, much less without at…”
Patrick Marcel Brown v. State, 468 S.W.3d 158 (Tex. App. 2015). · cites it 3× “See Tex. Penal Code Ann. § 38.122 (West, Westlaw through 2013 3d C.”
Larned v. Gateway East, Inc., 186 S.W.3d 597 (Tex. App. 2006). “102 (Vernon 2005); See also Tex. Pen.Code Ann. §§ 38.122, 38.123 (Vernon 2003).”
Ex Parte Manrique, 40 S.W.3d 552 (Tex. App. 2001). “Background Manrique was indicted under Tex.Pen.Code Ann. § 38.122, which states in pertinent part: (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…”
Fowler v. State, 16 S.W.3d 426 (Tex. App. 2000). “Tex. Penal Code Ann. § 38.122 (Vernon 1994).”
Show all 40 citing cases →
— Tex. Penal Code § 38.122(a) — 12 cases
Celis, Mauricio Rodriguez, 416 S.W.3d 419 (Tex. Crim. App. 2013). “Celis - 3 violation of Texas Penal Code Section 38.122, which, hereafter, we refer to as the “false- lawyer statute.”
Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014). “The statute does not explicitly assign a culpable mental state to the act of holding oneself out to be a lawyer, see Tex. Penal Code § 38.122(a), but it is hard to imagine how someone could hold himself out to be a lawyer without knowing that he is doing so, much less without at…”
Satterwhite v. State, 36 S.W.3d 145 (Tex. App. 2000).
Satterwhite v. State, 952 S.W.2d 613 (Tex. App. 1997). “See Tex. Penal Code Ann. § 38.122 (Vernon 1994).”
Mauricio Rodriguez Celis v. State (Tex. App. 2011).
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