File-sharing lawyer "bullies" face tribunal

 

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By Nicole Kobie

Posted on 24 Aug 2010 at 14:57

A law firm that sent out "bullying" letters threatening action against file-sharers has been referred by a standards body for disciplinary action.

ACS Law sent out thousands of letters accusing recipients of illegally downloading online content and demanding hundreds of pounds in compensation. Many of those letters went to people who had no idea how to use peer-to-peer networks or had never heard of the games they were accused of stealing.

The Solicitors Regulation Authority (SRA) has now referred ACS Law's Andrew Crossley to the Solicitors Disciplinary Tribunal (SDT) over the letters.

A spokesman for the SRA told PC Pro that the case was unusual, as complaints against law firms normally come from unhappy clients, while the SRA filed this on behalf of members of the public.

The solicitor was not compliant with the solicitors' code of conduct

Asked for the specific reasons why the SRA had filed the complaint about ACS Law, the spokesman said he couldn't reveal the full details, but said that the regulator "felt the solicitor was not compliant with the solicitors' code of conduct".

"It's also likely there will be more than one allegation," he said, adding the SRA had hired a top legal team to take on the case.

The SDT must still decide if the case has merit, which the regulator was "fairly confident" would happen. If the SDT does agree to hear the case, the tribunal likely won't happen before the beginning of next year.

"Aggressive and bullying"

Consumer group Which?, who filed the complaint against ACS Law in the first instance, has applauded the SRA's referral. "We welcome this decision because we’ve received so many complaints from consumers who believe they been treated appallingly by this law firm," said Deborah Prince, head of legal at Which?.

"We also believe that it’s time for the profession to take action against law firms, and those responsible for them, which behave in a way we believe most right-thinking people would view as both aggressive and bullying," she added.

Two other firms have also sent out such copyright compensation demands. Tilly, Bailey & Irvine Solicitors stopped sending the letters following negative publicity, while the SRA has also referred two employees of Davenport Lyons to face a tribunal.

ACS Law was unavailable for comment at the time of publication.