And now, dmcgowan Legal Ethics Forum has a very insightful post on copyright threats in cease-and-desist letters (as I mentioned to Curtis). Dozier Internet Law isn’t the first firm to try this stunt, and in spite of Dozier’s horrible track record probably won’t be the last.
After analyzing existing rules on misconduct, DMC suggests a new one:
“In dealing on behalf of a client with a person who is not represented by counsel a lawyer shall not . . . . (b) explicitly or implicitly threaten the recipient of any communication from the lawyer with legal action based on the reproduction, performance, or display of that communication.”