Law Soc moots class action against Solicitors from Hell website
The Law Society has consulted leading media silk Hugh Tomlinson QC on potentially launching a legal action against consumer website Solicitors from Hell.
The move comes after High Court judge Mr Justice Henrique said that both the Law Society and Bar Council should investigate defamation complaints about the website.
The website claims to give consumers a forum in which they can publicly name and shame solicitors who, they allege, have provided a poor service. The website’s coordinator Rick Kordowski is facing about 15 libel law suits from solicitors.
The latest ruling delivered by Henrique J last month stated: “The time has surely arrived for the Law Society and Bar Council to consider some effective response to the conduct complained of in this case and other similar cases.
“No doubt the legal profession does, on occasion, fail those who seek its services. However, many conscientious and highly reputable firms and individuals have found themselves as objects of offensive abuse and defamatory publication at the behest of disappointed litigants.”
Responding, Wilberforce Chambers’ Nikki Singla, who represented the claimant, Thames Valley firm Gabbitas Robins Solicitors and partner Stephen Robins, wrote to the Law Society and Bar Council to request their considered response.
Today, the Law Society confirmed that it had taken legal advice in relation to two cases it wants to pursue against Kordowski.
It said: “The litigation will involve two claims run together. The first would be an action for those already listed on the website, which could be brought by one or more of them on behalf of all the others.
“The second would be an action brought by the Law Society on behalf of all solicitors not currently on the website, but who could easily end up on there. Our solicitors will be writing to all firms on the website very shortly to explain in more detail.”
Matrix Chambers’ Tomlinson, the barrister who has acted in several high-profile super-injunction cases in recent months, has been consulted on the action.
Kordowski has so far sought to use a fair comment defence to rebuff claims, but this has not appealed to the judges sitting on the cases.
In April Mr Justice Tugendhat, who oversaw a separate defamation claim against Kordowksi, said the defendant had abused court process by “seeking to cause the claimants to incur costs which he says they have no prospect of recovering from himself” (5 April 2011).
According to his website a £299 fee provides “an escape route” for lawyers listed on the site and “encourages them not to spend the £30,000 it frequently costs to pursue a libel claim against Kordowski, who is the publisher of, but not the source of, the criticism listed”.
Kordowski said the Law Society’s legal threat was an attempt to “stifle criticisms of solicitors”.
He added: “The Law Society have also made allegations of ‘blackmail’. This is denied.
“There are many ways to have a complaint removed from Solicitors from Hell. The preferred way would be for the solicitor to make amends with the author. The solicitor can communicate with me and exonerate themselves with evidence.
“The solicitor is offered a mediation service where I add my suggestions or observations to each party. All of these methods are without charge and have resulted with many published complaints being removed.
“Another is the solicitor can sue me, or simply take it on the chin and do nothing.
“Many firms and senior partners who have signed up to my ‘Administration & Monitoring’ service have said (in writing) it is a good idea and are more than pleased to pay the reasonable cost in return for copies of subsequent submissions, so they can perhaps learn from client comments.”
In a statement the Bar Council said: “We remain very concerned by the allegations made on site. We contacted the Metropolitan Police last year to bring the site to its attention, particularly the levy of a ‘removal charge’ for false allegations to be withdrawn from the site.
“We were advised by the Police that the CPS would not bring a prosecution, and in any event it was not necessary because successful civil actions had been brought against Mr Kordowski. We’ve been advised by the Metropolitan Police that members of the bar who wish to pursue a complaint against the site should seek a civil remedy. We’re advising our members accordingly.”
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Readers' comments (68)
Anonymous | 11-May-2011 10:39 pm
The legal profession needs to look itself in the mirrior and ask why it has attracted record number of complaints in recent years, more than any other profession I believe. The public view of the Law Society and the SRA is that they are more like trade bodies rather for the consumer protection or interest.
Clearly, self regulation no longer works or is trusted by the public and therefore a more robust and completely independent regulator is the answer if the profession is serious about restoring the public trust and confidence.
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Johny | 12-May-2011 8:21 am
Don't worry about freedom of speech. Let's just make a step back and bring China here. Well done Law Society and Bar Council!
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anon | 12-May-2011 10:41 am
dear law soc - don't forget about that guy who ran ACS law, his scam was much worse.
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Anon | 12-May-2011 11:03 am
If the process that was in place for complaints worked or was more tranparent the need or perceived need for this website would be non existent. All the general public are looking for is accountablilty, the same that they receive in day to day life.
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Anonymous | 12-May-2011 4:15 pm
The solicitors profession attracts record levels of complaints. It has done for years and there is no sign that anyone is getting on top of it, although the LSA is meant to help address this. Having been on the ‘Solicitors from Hell’ website, the complaints I looked at were well documented and people seem to believe that they have genuine grievances. I wouldn’t want to be any of the firms fingered by complainants!
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Anonymous | 13-May-2011 5:15 pm
I completely understand why this website exists. I work in the law - have complained against another law firm and the response provided by the Law Society certianly does not inspire or motivate one to complain!:
"We are grateful to you for bringing this matter to our attention. Our purpose is to ensure that clients receive a good service from the firms and individuals we regulate, and we rely upon information from others to ensure that any risks to the public are identified swiftly.
The information which you have provided has been carefully assessed. If we consider that the information you have provided, and any other information we may hold, means that we should make further enquiries or take action, I can assure you that we will do so.
We may seek further information from you if that is necessary, but we do not generally provide reports on our enquiries. I recognise that this may be disappointing to you but I hope that you will understand the reasons. It is partly because our enquiries may include confidential information, but also because we try to devote our resources to taking action if we consider there is a risk to the public. Where we do take formal action leading to serious disciplinary and regulatory outcomes the results are published on our website in most circumstances."
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Anonymous | 13-May-2011 5:59 pm
I think someone should start a "doctors from hell" and a "hospital consultants from hell" website. I have some good material. Such sites would give the BMA apoplexy.
Also pathologists from hell eg Freddy Patel.
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StuG | 15-May-2011 8:45 am
There are more than 1,000 posts about lawyers on solicitorsfromhell. Rick Kordowski started the site after proving to the law Society that two lawyers, one acting for him and one against, colluded to defraud him of his home, his business and over £100,000. He was awarded £500 compensation. He cannot therefore afford representation. He is not the best litigant in person. However, less than twenty lawyers have challenged their postings, with the shallow claim that they won't get their costs back. If they had genuine claims to be removed they would stomach the £10,000 costs. Rick Kordowski is learning, however, (albeit perhaps slowly) and this class action is a disgusting attempt by a crooked legal profession to close him down before he gets to the Appeal stage. In his case against Awdry, Bailey and Douglas/Bressington vs solicitorsfromhell, the applicants did not prosecute the source, only the publisher, despite threats to do so, and succeeded in a late application to waive the initial interim hearing when they saw the weak defence papers prepared by Kordowski. They then tried to block late submission of papers by the defendant. Very fishy, just what were they worried about? Another twist......Bressington, the lawyer complained of, sits on the SRA, and this is one of the Appeals that is taking a long time to be dealt with.
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Anonymous | 15-May-2011 8:52 am
Throughout 3 1/2 years I had repeated grounds to complain about the conduct of the other sides solicitor. I was advised by my own solicitor that all I could do was to complain to the Law Society once it was all over. I did this and the newly named Legal Ombudsman sent me this reply, "The Legal Ombudsman is only able to investigate service complaints about lawyers who have acted for the complainant. We are unable to investigate complaints about the conduct of a lawyer or a lawyer who has acted for a third party. " They then pointed me towards the SRA, but I then discovered that they have a time limit. Why is that? If misconduct has taken place then surely it should be robustly investigated? I was so exhausted with the process after 31/2 years I needed a break.
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Anonymous | 16-May-2011 0:51 am
I think these websites are good ,it will help to clean the Legal field out of corrupt solicitors. Take it for insance at a time of investing a solicitors firm of a missing money, we were imformed from the vine yard that those solicitors have various bank accounts in Foreing Names. Make your own guess.
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