practicing without a license

[dlwolfe]

What is the name of your state? Oklahoma

Here is a short question. I have a person from an organization that keeps giving me legal advice such as "you must give these fees back or it is fraudulant" and giving me the steps as to what to do about a current case, etc.

This person is not doing this to be friendly, rather to show her importance in the organization (this has started since we have withdrawn from the organization). These are stated in a threatening manner as to say if we do not do it, we will be in trouble.

This person is not an attorney. Is she breaking the law? (the organization is located in Texas).

[ceara19]

Giving legal advice or making statement concerning legal matters is not the same as practicing the law. If it were, most of the members here would be breaking the law.

[attnysteve]

For information on the unauthorized practice of law in Texas, you can go to [url]http://www.txuplc.org/[/url].

Texas law states:

The practice of law is defined by statute and by case law. Section 81.101 of the Texas Government Code states:

(a) In this chapter the "practice of law" means the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.

It further states:

(c) In this chapter, the "practice of law" does not include the design, creation, publication, distribution, display, or sale, including publication, distribution, display, or sale by means of an Internet web site, of written materials, books, forms, computer software, or similar products if the products clearly and conspicuously state that the products are not a substitute for the advice of an attorney. This subsection does not authorize the use of the products or similar media in violation of Chapter 83 and does not affect the applicability or enforceability of that chapter.



In actuallity, there are times that persons on this board and similar boards actually cross the line, and engage in the unauthorized practice of law, as defined by the Texas statute.

In your particular circumstance, I woud suggest you contact the above referenced site and file a complaint and allow the committe to review the matter.

*Disclaimer*
I am a licensed Texas lawyer and can only advise you as to Texas law. You should always contact an attorney in your local area to discuss the particular facts of your specific case. [url]http://www.stephenhoward.com[/url]

[ceara19]

Originally Posted by attnysteve

*Disclaimer*
I am a licensed Texas lawyer and can only advise you as to Texas law. You should always contact an attorney in your local area to discuss the particular facts of your specific case.

You need to stop posting a link to your business website. I believe that the modarator has had to remove this information from your posts before.