It is typically a prerequisite of attorneys that only those with sufficient experience take on any cases relating to violations of Unfair Trade Practices and False Advertising (Bus. & Prof. Code § 17200 & 17500).

Is it possible for a civilian to represent such a case considering each of them bears, at a minimum, misdemeanor punishments effectively resulting in a situation when any other claims maybe seen as demands under threat of the abuse of the legal process which in California is broadly prohibited by case law (N.C. probably allows civil claims directly from one injured even if the cause was a criminal act punishable by imprisonment or fines).

In other words, is a layman prohibited from filing suit on any of the above bases?

Or are they allowed to file suit, but are required to make any pre-motion claims to not include references to such claims?

  • What are those offences — crimes or torts? That basically defines the answer as lay people can't prosecute in California (neither can non-government attorneys no matter how experienced).
    – Greendrake
    Oct 17, 2021 at 3:48
  • They carry a misdemeanor up to one year. But, Bus. & Prof. § 17204 " Injunctive Relief—Court Orders "[...] Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, [limitations not apply to ... Attorney General etc.]"
    – kisspuska
    Oct 17, 2021 at 6:19
  • These claims are ordinarily represented by non-government attorney, but then again: I have a vague recollection that it still requires a court to approve the representation similar to a class action.
    – kisspuska
    Oct 17, 2021 at 6:20
  • What makes you think that this prerequisite exists? Such a rule would make it impossible for anyone to bring these cases; you wouldn't have "sufficient experience" before you brought your first case, and therefore you could never have sufficient experience.
    – bdb484
    Oct 18, 2021 at 1:42
  • Also: What are pre-motion claims?
    – bdb484
    Oct 18, 2021 at 1:43


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