Montgomery, TX asked in Civil Litigation and Criminal Law for Texas

Q: I was wondering if i can practice law acting as a "Private Attorney General" as codified by title 42 usc1988.

As I understand there is no "license" to practice law....they are certificate of admission/membership dues to the bar association. NAACP vs Button, Shwarre vs Board of Examiners; also Ahrens vs Sims give me the right to litigate on the behalf on citizens in any courtroom in the USA? p.s. im talking about civil cases against local police constitutional rights.

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Texas Penal Code

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.

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.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It appears you have stumbled upon some "sovereign citizen" literature. Those guys are kooks and following their advice can lead you into trouble. I'm probably wasting my breath because they'll argue, "what do you expect a lawyer to say?" Please understand that they don't have your best interests at heart.

On the other hand, if you believe conspiracies like chemtrails, autism vaccines, reverse vampires, and reptilian lizard overlords then the sovereign citizens will fit right into you world view.

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