Tuesday, January 14, 2014

Does an attorney hold standing to bring a cvil lawsuit against a non-attorney who is (unlawfully and without a license) practicing law in th...

Question

Does an attorney hold standing to bring a cvil lawsuit against a non-attorney who is (unlawfully and without a license) practicing law in the same, narrow, legal field, based on unfair competition?



Answer

Theoretically, sure, if he can show the competition adversely affects him in a material way. He can also sue under the theory of 'private attorney general' on behalf of the community. The normal remedy is filing reports with the police and State Bar.



Answer

He or she would have to show that he or she suffered actual loss to sue under the unfair competition statutes, unless he or she is a district attorney.



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