TorrentFreak

A pair of lawyers who were responsible for the introduction of so-called Speculative Invoicing into the UK have been fined and banned from practising for 3 months. Davenport Lyons partner David Gore and former partner Brian Miller will each have to pay a £20,000 fine and interim costs of £150,000.

A pair of lawyers who were responsible for the introduction of so-called Speculative Invoicing into the UK, have both been found guilty of professional misconduct by a tribunal. Among other charges, the Solicitors Disciplinary Tribunal found that the pair from law firm Davenport Lyons knowingly targeted innocent people. They now face a range of sanctions from monetary penalties through to being disbarred.

Davenport Lyons, the law firm which pioneered the lucrative file-sharing pay-up-or-else scheme in the UK, will head off to Solicitors Disciplinary Tribunal proceedings next year. According to details just made available, among other things Davenport Lyons partners were responsible for knowingly targeting the innocent and relied on unreliable evidence in doing so.

In 2008, lawyers Davenport Lyons courted the mainstream media with the news that a court had found a woman guilty of sharing the game Dream Pinball 3D, an action which cost her around £16,000. Anyone with an understanding of these cases knew that something was wrong and now, thanks to yet more information from the leaked ACS:Law emails, we learn that this ‘conviction’ was built on foundations of sand.

As the practice of hunting down alleged file-sharers and then issuing legal threats in order to force money out of them gathers pace, questions are continually raised over the quality of the technical systems used to gather the evidence. According to information on a rent-a-coder site, such a system was bought in 2008 for between $250 and $750.

After mountains of controversy built up in the wake of the ‘pay up or else’ letters sent to thousands of alleged file-sharers, one would think other lawyers might be put off following the same track, but not so. Tilly Bailey & Irvine are the new kids on the block and have just been labeled by a Lord as an “embarrassment to the rest of the creative rights industry.”

A source inside lawyers Davenport Lyons and their partner DigiProtect has leaked sensitive documents detailing how the companies generated profit from porn. They show how the pair extracted money from alleged file-sharers, how the revenue was split and how individuals were ranked to decide who to chase and who to leave alone.