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Lawyer Banned for Threatening File-Sharers 123

S. Hare brings us a report from TorrentFreak about a lawyer working for a Swiss anti-piracy group who was recently given a 6-month ban for her attempts to intimidate file-sharers though letters threatening fines and court fees. Elizabeth Martin demanded 400 Euros each from "hundreds of thousands of file-sharers," and suggested that they would have to face large settlements if they did not comply. The Paris Bar Council took exception to this and instituted the ban. Martin worked for Logistep, a company who has had trouble following laws in the past. "The disciplinary board decided that 'By choosing to reproduce aggressive foreign methods, intended to force payments, the interested party also violated [the code] which specifies that the lawyer cannot unfairly represent a situation or seriousness of threat.' In addition, the lawyer also violated the code by cashing payments into a private account, not the usual dedicated litigation account, known as a 'Carpa'. Martin also refused to reveal how many payments had been received from file-sharers."
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Lawyer Banned for Threatening File-Sharers

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  • by 3seas ( 184403 ) on Sunday April 06, 2008 @01:33PM (#22980946) Homepage Journal
    Should not such an act as this hold a penalty of disbarment?

    This is only another situation that shows there is no position a human can hold that prevents him from committing some deception against others.

    It is because of such evidence that some positions of power should be eliminated or have built-in checks that would at least require wide scope and unlikely collusion to perform.

    Especially those positions of initiating war.

       
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Sunday April 06, 2008 @01:51PM (#22981054)
    Comment removed based on user account deletion
  • by p0tat03 ( 985078 ) on Sunday April 06, 2008 @02:07PM (#22981170)

    A friend of mine had a kid sister who got in with some bad friends, and was involved in some apparent shop lifting shenanigans at the local mall. She never stole anything, but her friends did, and this was made pretty clear with store management, so nothing ever came of it.

    A few months later they get a letter from a law firm in Tennessee (they live in Canada), threatening to sue unless they turned over $500. My friend's family was quite intimidated, and was even ready to fork over the cash until I wrote them a letter for them in response. I basically told them to fuck off, and that if they wanted to pursue charges we would see them in court.

    The knew full well that there isn't a lick of evidence that my friend's sister ever stole anything, they also know that there's no fricking way they're going to go through all the trouble of getting a local (Canadian) law firm to sue. It was all one big scare tactic.

    And people wonder why lawyers are so hated.

  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Sunday April 06, 2008 @02:16PM (#22981232)
    Comment removed based on user account deletion
  • Re:Value (Score:3, Interesting)

    by mrvan ( 973822 ) on Sunday April 06, 2008 @03:22PM (#22981728)
    I'm no lawyer and I don't know anything about the French legal system --- but I think it is fairly rare for a lawyer to get a ban and this will look bad on his CV, and I'm pretty sure the penalties will get heavier for repeat offense or copycats.

    It would also be interesting to see whether some of the threatened people are willing to take civil action...
  • Why just banned? (Score:3, Interesting)

    by Godji ( 957148 ) on Sunday April 06, 2008 @03:28PM (#22981778) Homepage
    Why is she getting just banned, as opposed to sued? IANAL, and if I were to go around sending settlement requests to thousands of people, there must be some law that could be used to stop me.

    Is she being treated more lightly just because she's a lawyer?
  • by p0tat03 ( 985078 ) on Sunday April 06, 2008 @03:50PM (#22981932)

    Oh, and just as a note... My friend's family did hear back from them after another month. This time they reduced their demand to $100. What a load of crock, this is basically them saying "we know we have no case, but can we pleeeeeeease have some money now?". Once again, I told them to fuck off. We have not heard from them since (it's been almost 2 years now).

    I really wish I could file a complaint somewhere against these people. They are nothing but the lowest form of scum on Earth, as bad as any racketeering mafioso out there. IMHO sending letters like these should be grounds for a very quick disbar.

    Oh, and FYI, they threatened to pursue CRIMINAL charges (since nothing of value was actually stolen). This would've been laughable, since there's no evidence she stole anything, and even if convicted her record would've been expunged in only a couple of years. Nice threat, jackasses.

  • by Kingrames ( 858416 ) on Sunday April 06, 2008 @04:20PM (#22982112)
    You're not a lawyer.

    she has the means and the power to make that incredibly difficult for everyone involved.

    It would be like a police officer trying to arrest another police officer. It would take a heck of a lot more than just one officer's statement to allow something like that to go through.

All great discoveries are made by mistake. -- Young

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