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ACS Law "took advantage" of accused file-sharers

By Barry Collins

Posted on 13 Jul 2011 at 14:14

ACS Law has been charged with "taking unfair advantage" of the alleged file-sharers targeted in its letter-writing campaign.

The now defunct law firm, which became infamous for speculatively invoicing people accused of sharing copyrighted material online, faces seven charges at a Solicitors Disciplinary Tribunal hearing.

The independent tribunal says the firm's sole solicitor, Andrew Crossley, has a case to answer in respect of using "his position as a solicitor to take or attempt to take unfair advantage of other persons being recipients of letters of claim, either for his own benefit or for the benefit of his clients".

The six other charges are that he:

1. Allowed his independence to be compromised.

2. Acted contrary to the best interests of his clients.

3. Acted in a way that was likely to diminish the trust the public places in him or in the legal profession.

4. Entered into arrangements to receive contingency fees for work done in prosecuting or defending contentious proceedings before the Courts of England and Wales except as permitted by statute or the common law.

5. Acted where there was a conflict of interest in circumstances not permitted, in particular because there was a conflict with those of his clients.

7. Acted without integrity in that he provided false information in statements made to the Court.

All the allegations are as yet unproven. The hearing is expected to take place in October.

Further punishment?

The tribunal isn't the first disciplinary action ACS Law and Crossley have faced. The firm was found guilty of a massive breach of personal data when its email database was published online following a hack attack.

The Information Commissioner said it would have fined Crossley's firm £200,000 for the security lapse, but reduced the punishment to only £800 because the solicitor no longer had the means to pay the fine.

Earlier this month, the ICO admitted that it was unlikely that Crossley would pay even that modest amount, because he had been declared bankrupt.

A PC Pro investigation in May revealed that Crossley was still living in the £700,000 home he had purchased with his partner.

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User comments

Talk about having the book thrown at him – if they find him guiltily - he will not be able to practice or get a job after this, any thing like this will be like getting a black ball in a vote.

Mark

By mprltd on 13 Jul 2011

The good thing to come out of this is that should anyone else try it on, there is this case to see the consequences of inappropriate behaviour.

By MJ2010 on 13 Jul 2011

I rest my notebook case.

I thought seven (7) was a lucky number?

Well it probably is for all those targeted by this (allegedly) despicable firm.
.
Yes... @ mprltd those Notebooks do really hurt too (;-)!

By lenmontieth on 13 Jul 2011

I'll go out on a limb here and say

That it really was despicable

By revsorg on 13 Jul 2011

ACS Law "took advantage" of accused file-sharers

if he is unlikely to pay the fine, why can't the person 'he shares' the house with be made jointly liable? Like when a couple split the council chase the best bet when it comes to council tax arears. One person ends up paying both halves.

Or there is always comunity service. It was good enough for Boy george!

By invalidscreenname on 13 Jul 2011

Let him have it

I may have mentioned before that I was going through a family and work crisis . That fat waste of space tipped me over the edge into a full mental breakdown .

Now unemployed . Hope the pile of excrement gets locked up but no chance .

Not that it would come from me , due to aggrophobia recently developed meaning I can`t leave the house . I live in hope that someone will see Humpty Dumpty gets what he has coming to him .

By Angry on 14 Jul 2011