Heat rising on solicitors accused of bullying tactics in P2P file-sharing cases

Two solicitors have been referred by the Solicitors Regulation Authority (SRA) to the Solicitors Disciplinary Tribunal (SDT) over bullying claims related to P2P file-sharing. Davenport Lyons partner David Gore and former partner Brian Miller will face charges of 'bullying' and using 'excessive conduct' while acting on behalf of copyright holders against alleged file-sharers.

The news, reported by the Law Society Gazette last week, comes a month after we first touched on the Davenport Lyons story in relation to the more recent but very similar situation involving ACS:Law, also brought back into focus today after comments made by internet service provider O2 Broadband. It condemned the company's tactic of using  P2P warning letters offering alleged file-sharers the chance to pay £500 if they settle out of court. 

It is easy to see how receiving a letter such as this could persuade someone who isn't overly strong of character to simply give in and pay. But there have already been a number of letters sent to people who later proved to be innocent, which begs the question, how many have paid without defending themselves - hence the charge of bullying.

This would seem to be the conclusion of the SRA in referring the Davenport Lyons case on to the Tribunal. It has been said that the letters sent out by ACS: Law are worded in a lighter tone, so the fact Gore and Miller have been referred shouldn't raise hopes too high. Also, there will be a long wait until any final conclusion is made on that case - the SDT will now also need to decide if there is a case to be answered. If so, the case will be heard later this year.

The Davenport Lyons case was forwarded to the SRA by Which? back in 2008. Its head of legal affairs Deborah Prince was clearly delighted with the SRA's decision, saying if it had not sent the case to Tribunal, it " would have been very serious for the regulation of the legal profession".

A less delighted Mark Stephens, representing Gore and Miller, pointed out "Davenport Lyons has a long tradition of protecting the rights of creators, and its methodology for handling illegal file-sharing cases conforms to industry best practice, and has been adopted in the Digital Economy Bill currently going through parliament".

It can only be hoped that those MPs in parliament, currently giving said Bill its final reading, pick up on this story and pay it some attention. Everyone from ISPs to music writers unions have already condemned the Digital Rights Bill, particularly for its 'guilty before proving yourself innocent' stance. Now, it seems that perhaps solicitors may be against it as well. While file-sharers need to be punished, bullying certainly isn't the way to go about it - especially when floored information gathering is putting innocent people on the end of the boot.