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

Tex. Penal Code § 38.123 (2026)

Unauthorized Practice Of Law

✓ current as of May 2026
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Sec. 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.

Added by Acts 1993, 73rd Leg., ch. 723, Sec. 5, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 1999–2026 · leading case: Kubala Pub. Adjusters, Inc. v. Unauthorized Practice of Law Comm. for the Supreme Court, 133 S.W.3d 790 (Tex. App. 2004).
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Kubala Pub. Adjusters, Inc. v. Unauthorized Practice of Law Comm. for the Supreme Court, 133 S.W.3d 790 (Tex. App. 2004). · cites it 3× “The unlawful practices, as set out in the injunction, largely track the language of Tex. Pen. Code Ann. § 38.123 (Vernon 2003).”
In Re Nolo Press/Folk Law, Inc., 991 S.W.2d 768 (Tex. 1999). · cites it 2× “[13] TEX. PENAL CODE § 38.123. See also id. § 38.”
Am. Home Assurance Co. v. Unauthorized Practice of Law Comm., 121 S.W.3d 831 (Tex. App. 2004). · cites it 3× “15 Texas Penal Code § 38.123 The UPLC next cites TEX.”
Billy H. Champion v. David R. Robinson, 392 S.W.3d 118 (Tex. App. 2012). · cites it 2× “102(a) (West 2005); TEX. PENAL CODE ANN. § 38.123 (West 2011); Crain v.”
Unauthorized Practice of Law Comm. v. Am. Home Assurance Co., 261 S.W.3d 24 (Tex. 2008). “Tex. Penal Code § 38.123(a). . Id. § 1.07(a)(38).”
in Re: Connie & Alexander Pritchard (Tex. App. 2020). “We strike the notice of voluntary dismissal as a legal nullity because Thomas is not an attorney and has not explained why he is authorized to practice law in Texas state courts.”
in Re Chilton Moore (Tex. App. 2022). “102 (defining the unauthorized practice of law); TEX. PEN. CODE ANN. § 38.123 (explaining that the unauthorized practice of law is a Class A misdemeanor); Crain v.”
in Re Enrique O. Guillen (Tex. App. 2023). “102 (defining the unauthorized practice of law); TEX. PEN. CODE ANN. § 38.123 (explaining that the unauthorized practice of law constitutes an offense under the penal code); Crain v.”
In Re James Flores v. the State of Texas (Tex. App. 2024). “102 (“a person may not practice law in this state unless the person is a member of the state bar”); see also TEX. PENAL CODE ANN. § 38.123 (West 2016) (Unauthorized Practice of Law).”
In Re Melissa Lozano v. the State of Texas (Tex. App. 2025). “102 (defining the unauthorized practice of law); TEX. PENAL CODE ANN. § 38.123 (explaining that the unauthorized practice of law constitutes an offense under the penal code); Crain v.”
In Re Billy Marvin Witt, III v. the State of Texas (Tex. App. 2025). “102(a); Tex. Penal Code Ann. § 38.123 . Jeanie Rochelle Witt is not a licensed attorney, and a power of attorney does not give a nonlawyer authority to represent another in court.”
Cory Leming v. the State of Texas (Tex. App. 2025). “102(a); Tex. Penal Code Ann. § 38.123 . Our records do not reflect that Robin Leming is a licensed attorney.”
Show all 24 citing cases →
— Tex. Penal Code § 38.123(a) — 2 cases
Unauthorized Practice of Law Comm. v. Am. Home Assurance Co., 261 S.W.3d 24 (Tex. 2008). “Tex. Penal Code § 38.123(a). . Id. § 1.07(a)(38).”
Kubala Pub. Adjusters, Inc. v. Unauthorized Practice of Law Comm. for the Supreme Court, 133 S.W.3d 790 (Tex. App. 2004). “The unlawful practices, as set out in the injunction, largely track the language of Tex. Pen. Code Ann. § 38.123 (Vernon 2003).”
— Tex. Penal Code § 38.123(a)(4) — 1 case
Kubala Pub. Adjusters, Inc. v. Unauthorized Practice of Law Comm. for the Supreme Court, 133 S.W.3d 790 (Tex. App. 2004). “The unlawful practices, as set out in the injunction, largely track the language of Tex. Pen. Code Ann. § 38.123 (Vernon 2003).”
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