Davenport Lyons duo fined and suspended for 'intimidating' letters
The Solicitors Disciplinary Tribunal (SDT) has suspended one Davenport Lyons partner and one former partner from practising and fined the pair £20,000 each for sending intimidating letters to individuals they accused of illegal file sharing.
August 02, 2011 at 07:25 AM
3 minute read
The Solicitors Disciplinary Tribunal (SDT) has suspended one Davenport Lyons partner and one former partner from practising and fined the pair £20,000 each for sending intimidating letters to individuals they accused of illegal file-sharing.
Litigation partner David Gore and former partner Brian Miller have been suspended from practising for three months and fined after being found guilty of breaching the Solicitors' Code of Conduct.
The pair appeared before the SDT between 31 May and 8 June accused of six allegations of breaching the Solicitors' Code of Conduct, with all six allegations proven.
The breaches relate to more than 6,000 letters sent on behalf of clients to individuals alleged to have been carrying out illegal file-sharing, with the letters demanding compensation and costs and warning of further action if the matter was not settled urgently.
The SDT found that Gore and Miller disregarded concerns from those receiving the letters and protesting their innocence, with the pair becoming so concerned about making the scheme profitable for themselves and Davenport Lyons that their judgment was distorted – causing them to pursue the scheme regardless of the impact it had on the people receiving the letters.
In addition to the £20,000 fine, Miller and Gore were also yesterday (1 August) ordered to pay interim costs to the SRA of £150,000. Full costs are subject to a detailed assessment and the order has been suspended for 21 days to allow time for an appeal.
A spokesperson for the Solicitors Regulation Authority (SRA) commented: "We welcome the decision of the SDT, which follows a lengthy and complex investigation by members of SRA staff. Some of those affected were vulnerable members of the public. There was significant distress. We are pleased that this matter has been brought to a conclusion and hope that it serves as a warning to others."
In a statement, Davenport Lyons said: "We consider the decision of the Solicitors' Disciplinary Tribunal and sanctions imposed against David Gore and former partner, Brian Miller, are totally unjustified.
"Davenport Lyons is a leading law firm with highly specialist intellectual property lawyers. We were instructed by the owners of intellectual property rights in music, film and games to help them curtail the significant losses they were suffering as a result of the unlawful file-sharing of their products. The steps we took on behalf of our clients were for the protection of their legitimate legal rights. We consider that we acted in our clients' best interests at all times.
"We wholeheartedly support David and Brian's intention to appeal both the Solicitors' Disciplinary Tribunal's original decision and the resulting suspension and fine."
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