A license holder drafts custom contract language outside of TREC-promulgated forms, which constitutes unauthorized practice of law. Under TRELA and Texas law, which of the following correctly identifies the potential consequences?
Correct Answer
B) Disciplinary action by TREC including potential license suspension, and possible prosecution for unauthorized practice of law by the State Bar of Texas or a county/district attorney
Under Texas Occupations Code §1101.654, engaging in the unauthorized practice of law is an enumerated ground for TREC disciplinary action, which may include license suspension or revocation. Separately, unauthorized practice of law in Texas may be prosecuted by the State Bar of Texas under Texas Government Code §81.101 or by a county or district attorney. Both enforcement tracks can proceed simultaneously and neither requires proof of financial harm.
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