Two solicitors were each fined £20,000 and suspended from practising for three months by the Solicitors Disciplinary Tribunal (SDT) for sending intimidating letters to individuals they accused of illegal filesharing.
The solicitors, a partner and former partner at London law firm Davenport Lyons, when acting on behalf of various copyright holders sent thousands of letters to individuals claimed to have been involved in unlawful file sharing in breach of the Copyright, Designs and Patents Act 1988. The letters demanded compensation and costs and warned that recipients faced further action plus increased costs if the issue was not settled as a matter of urgency.
Amongst the allegations referred by the Solicitors Regulation Authority and upheld by the SDT were that, in sending the letters, the solicitors breached the Solicitor’s Code of Conduct 2007 by failing to act in the best interests of their clients, acting in a way likely to diminish trust in the profession, and entering into banned contingency fee arrangements.
The case illustrates that where an institution receives bulk mail from a solicitor’s firm wrongly alleging copyright infringement and demanding compensation, an institution can refer the matter to the Solicitors Regulation Authority (England and Wales) for investigation into professional misconduct. Institutions should also think twice before engaging a solicitor’s firm which employs these sort of tactics to enforce their copyright.
For information regarding the complaints procedure in Scotland or Northern Ireland, please refer to the relevant Law Society websites.
Read the full story on the Solicitors Regulation Authority website.
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