Unauthorized Prac. Comm., State Bar v. Cortez

31 Citing cases

  1. Crain v. U.P.L.C

    11 S.W.3d 328 (Tex. App. 2000)   Cited 56 times
    Holding "preparation and filing of mechanic's liens" constitutes "practice of law"; finding preparer, in so doing, "impliedly advises its clients of their legal rights and entitlement under the law"

    The unauthorized practice of law is a proper subject for summary judgment. Unauthorized Practice of Law Comm. v. Cortez, 692 S.W.2d 47, 51 (Tex. 1985) (holding it was for court to decide whether activities of private immigration service agency amounted to practicing law); Fadia v. Unauthorized Practice of Law Comm., 830 S.W.2d 162, 164 (Tex. App. — Dallas 1992, writ denied) (holding trial court had authority to decide as matter of law whether Fadia's distribution of will manuals constituted unauthorized practice of law.). When the activities alleged to be the practice of law are undisputed, courts have the inherent power to determine on a case-by-case basis whether those activities constitute the unauthorized practice of law. Cortez, 692 S.W.2d at 50-51; Fadia, 830 S.W.2d at 164.

  2. In re Nolo Press/Folk Law, Inc.

    991 S.W.2d 768 (Tex. 1999)   Cited 46 times
    Holding that arguments that the records of the Unauthorized Practice of Law Committee should not be confidential raised administrative issues to be resolved by the Supreme Court

    The Court's inherent power under Article II, Section I to regulate Texas law practice is assisted by statute, primarily the State Bar Act.See State Bar of Texas v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994); Unauthorized Practice Comm. v. Cortez, 692 S.W.2d 47, 51 (Tex. 1985). Cf. Sperry v. Florida, 373 U.S. 379, 383 (1963) (recognizing that a state has a "substantial interest in regulating the practice of law within the State"); Hexter Title Abstract Co. v. Grievance Comm., 179 S.W.2d 946, 948 (Tex. 1944) ("The State has a vital interest in the regulation of the practice of law for the benefit and protection of the people as a whole").

  3. Scott v. Hamilton Cnty.

    No. 10-13-00411-CV (Tex. App. Oct. 16, 2014)

    adjudicated cases to determine whether other services and acts not enumerated in this Act may constitute the practice of law.Unauthorized Practice Comm. of the State Bar of Tex. v. Cortez, 692 S.W.2d 47, 49 (Tex. 1985). In a case similar to the one at bar, the First Court of Appeals considered whether a mother, who was not licensed to practice law, could represent her son in an original proceeding.

  4. Avila v. State

    252 S.W.3d 632 (Tex. App. 2008)   Cited 8 times
    Contrasting cases where the state asserts claims on behalf of the state as opposed to claims asserted by individual consumers

    City of Keller, 168 S.W.3d at 819. The Supreme Court of Texas has held that providing immigration services in the absence of a law license constitutes the unauthorized practice of law. Unauthorized Practice Comm. v. Cortez, 692 S.W.2d 47, 50-51 (Tex. 1985). State law provides that a notary public cannot state or imply that he is an attorney licensed to practice law in this state.

  5. Fadia v. Unauth Practice of Law Comm

    830 S.W.2d 162 (Tex. App. 1992)   Cited 13 times
    Holding trial court had authority to decide as matter of law whether Fadia's distribution of will manuals constituted unauthorized practice of law.

    The unauthorized practice of law is a proper subject for summary judgment. Cf. Unauthorized Practice of Law Comm. v. Cortez, 692 S.W.2d 47, 51 (Tex.), cert. denied, 474 U.S. 980, 106 S.Ct. 384, 88 L.Ed.2d 337 (1985). Courts have the inherent power to determine on a case-by-case basis what constitutes the unauthorized practice of law. Id. at 51.

  6. Brown v. Unauth Practice of Law Com

    742 S.W.2d 34 (Tex. App. 1987)   Cited 24 times   3 Legal Analyses
    Holding that adjuster impliedly advised his clients to accept a certain sum in settlement of their claim when he "approved" a settlement

    TEX.REV.CIV.STAT.ANN. art. 320a-1, § 19(a) (Vernon Supp. 1987). Courts inherently have the power to determine what is the practice of law on a case by case basis, unrestrained by the statutory definition. Unauthorized Practice Committee, State Bar of Texas v. Cortez, 692 S.W.2d 47, 50 (Tex.), cert. denied, 474 U.S. 980, 106 S.Ct. 384, 88 L.Ed.2d 337 (1985). The practice of law embraces in general all advice to clients and all action taken for them in matters connected with the law.

  7. In re Perales

    CASE NO: 15-70326-13 (Bankr. S.D. Tex. Aug. 23, 2016)

    In re Torres, 2015 WL 458057, at *1, *15-16 (Bankr. S.D. Tex. Jan. 23, 2015) (citing to Unauthorized Practice Comm., State Bar of Texas v. Cortez, 692 S.W. 2d 47, 51 (Tex. 1985)). A finding that an individual has committed the unauthorized practice of law, there can be criminal liability.

  8. In re Clark

    CASE NO: 12-31850 (Bankr. S.D. Tex. Jun. 12, 2015)

    [T]he Court has the duty and the inherent power to determine in each case what constitutes the practice of the law, and to inhibit persons from engaging in the practice of law without having obtained a license to do so." Unauthorized Practice Comm., State Bar of Texas v. Cortez, 692 S.W.2d 47, 51 (Tex. 1985) (quoting Grievance Comm. State Bar v. Coryell, 190 S.W.2d 130, 131 (Tex. Civ. App.—Austin 1945, writ ref'd w.o.m)).

  9. In re Torres

    CASE NO: 14-50122 (Bankr. S.D. Tex. Jan. 23, 2015)   Cited 5 times

    The Court has the duty and the inherent power to determine in each case what constitutes the practice of the law, and to inhibit persons from engaging in the practice of law without having obtained a license to do so. Unauthorized Practice Committee, State Bar of Texas v. Cortez, 692 S.W.2d 47, 51 (Tex. 1985). In addition, Texas law provides that the unauthorized practice of law is a Class A misdemeanor or, for multiple convictions, a third degree felony.

  10. In re Guttierez

    248 B.R. 287 (Bankr. W.D. Tex. 2000)   Cited 85 times
    Holding that bankruptcy petition preparer flat fee cannot exceed $50

    In Texas, courts have the inherent power to determine whether other services and acts not expressly enumerated in the definition might also constitute the practice of law. See id.; see also Unauthorized Practice of Law Committee v. Cortez, 692 S.W.2d 47, 50 (Tex. 1985). The practice of law embraces all advice to clients and all action taken for them in matters connected with the law.