The SRA, solicitors’ regulation authority, the legal watchdog organization are pressing a complaint against Davenport Lyons. The complaint originated with Which? Which? accuse the law firm of unfairness. Davenport Lyons was unfair, according to the complaint, towards a large number of consumers by tarring them with the brush of sharing computer files that is against the law. Which? hold that Davenport Lyons were both ‘bullying’ and ‘excessive’ in their communications and the SRA are referring the whole case to it’s own disciplinary tribunal.
As the wheels of the legal regulation grind very slowly onwards other law firms are following the same track as Davenport Lyons in pursuing litigation against large numbers of consumers for allegedly illegal file sharing. Most notably among such law firms are ACS Law and Tilly Bailey Irvine Solicitors (TBI).
Hopefully the SRA will strike a blow for consumer rights and make law firms think twice before engaging in too robust tactics under the copyright laws. File sharing is all about the breaking of copyright and too many firms see it as a way to make money by intimidating unknowing and law-abiding consumers. ACS and TBI should know better but Which? is responding everyday to individuals finding accusatory letters in their post. These letters point out the illegality of file sharing and demand money because of their ‘law breaking activities’.
There is a great deal of good sound advice on the Which? website for those who receive one of these letters. Which? also forwards the worst examples to the SRA. The latest example of this was from TBI.
Davenport Lyons and the other law firms are acting on behalf of the large music and film distributor companies. They point the finger at Internet browsers and indict them for using and sharing computer games, films and copyright music for nothing. They often demand in a threatening way compensation, up to £500, on behalf of their clients.
Which? have put to the SRA that the law firms are behaving badly in some or all of the following ways,
- Making incorrect statements about copyright law.
- Not responding to the counter arguments made.
- Raising the demands for compensation while the correspondence is in progress.
- Threatening legal action on false grounds such as not having a secure Internet connection.
Consumers who get one these disturbing ‘pro-forma’ letters from a solicitor should contact Which? They should also look at the guidelines on the Which? website in order to know their rights and protect themselves.
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