Legal Question in Civil Litigation in California

I sent a Notice of Intent To Sue Letter, to a defendant (a franchise company), and defendant's Risk Management personnel ("JOHN") sent me back an angry letter trying to explain me that they did not break the law, and tell me that: 1.) "my claim doesn't support a claim for discrimination".., 2.) .."the courts understand that a business decision is a privileged protected by rights of the business owner".. 3.) ...."your attempt to punish the business for an oversight cannot be supported by public policy or the laws of the state"... 4.) ..."you're not guaranteed a service, under any law to include the Americans with Disabilities Act, Fair Employment and Housing, or Better Business Bureau,.... ,,, He also says that it would be his honor to present my Notice Of Intent Letter to the court as his leading defense exhibit.. I looked up his name on the Bar's website, and he is NOT an attorney.... My question is, since JOHN is not an attorney and is a M.A.O.M. (Master of Arts in Organization Management), isn't JOHN breaking the law, by pretending/acting to be an attorney, because JOHN gave me a legal lecture and legal advice, as to how his company "did not break the law"? ... Is John in violation of "UPL", Unlawful Practice of Law (Business & Professions Code sections 6125-6133 et seq.)? ,,,If John had legal issues to discuss with me, would it be logical that he have his company's attorney contact me with their legal theories, rather than JOHN (the Non-attorney) himself, because under CA law, corporations cannot represent themselves....they need an attorney?


Asked on 2/28/15, 12:57 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'd need to see your letter and the response before I could give you an opinion. But what you've described does not sound like UPL to me, especially since you don't say he claimed to be a lawyer. Stating his own views about the law and the merits of your case is not the same thing as giving you legal advice. "John" was acting as your adversary, not your lawyer.

It doesn't sound like he was acting as the company's lawyer either. But even if he was, the injured party would be the company and not you.

I have no idea whether "John" is right or wrong about the merits of your case, since I don't know anything about the facts. You should get a lawyer to represent you if you can, or at least to advise you. Feel free to contact me directly if you'd like.

Good luck.

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Answered on 2/28/15, 1:18 pm


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