We have had complaints about a woman who is essentially practicing law without a license. She offers services to prepare documents for divorces, wills, etc. She states emphatically that she is not a lawyer. She does, however, offer legal services and advice.

Question: What law is she violating? Sec 38.122 requires holding yourself out as a lawyer. Sec 38.123 Unauthorized Practice of Law appears from my reading to apply only to personal injury/property damage cases or contractual issues.

Can a non-licensed person offer legal advice/services for family, probate and bankruptcy issues and not be in violation of Texas law?

Abby, I think you are correct that it is not a criminal matter. However, the UPL Committee would probably take the position that it is unauthorized practice. The UPL Committee proceeds administratively and civilly on UPL matters; I suggest that you contact them (your local UPL folks, if you know who they are, or through the website). Here's the website:

http://www.txuplc.org/