What is the advantage to using an attorney to settle?

[kmerenda]

I just received a letter from my ISP accusing me of downloading a copyrighted adult movie, and stating that they have received a subpoena from the plaintiff's law firm, seeking my name and contact info. The plaintiff is law firm is Dunlapp, Grubb & Weaver, and the document was filed at a US district court in Washington DC. I reside in Houston, Harris County, Texas. I have spoken with an attorney, who suggested I secure legal representation to negotiate the settlement.

My understand is that these lawsuits are predatory, and they are seeking settlements, not actual court time. I'm also getting the impression that the law firms offering assistance are also a bit predatory. The ones I have spoken with offer to represent me for a fair flat fee (about $500), and promise to get a lower settlement, but can't say how much lower.

If you have any experience with this issue, please let me know what the average initial settlement offer from the plaintiff is, and, on average, how much lower can an attorney get the settlement. Also, can a payment plan be arranged for the settlement without having a lawyer to negotiate it?

 

[bluemann33]

Until YOU get something from the court I would not communicate anymore with these people. Only a court can make you pay. When and if that happens then I would seek advice from an attorney. Advantages of having an attorney are many, the attorney will know all the little details and laws that the average joe may not know or understand. Good luck.

 

[Michael Wechsler]

My guess - you want to keep your name out of the public eye, correct? This deals with a pornographic film and an accusation that you downloaded.

This letter is from an ISP. I have copies of several like you have been sent. There are cases where motions to quash the subpoena are successful (search for Florida and Washington DC.) Ultimately, this may be a dead end, even with a lawyer. As of now there is no lawsuit against you, just a request to obtain your name and address as the person who used a certain IP Address.

With regard to copyright infringement cases, this is now corporate America's use of the questionably unfair and punitive copyright statutes. You can thank lobbyists and politicians like the late Sonny Bono for working hard to make sure that the punishment (statutory damages) for downloading a movie can be far more severe financially than committing acts most people would consider far, far more egregious. And this isn't distribution, it's just downloading one movie -- a $4 "movie on demand" petty theft they can turn into a windfall hundreds of times that amount. I'm not advocating either position, just giving you the insight as to what is going on.

The modern day copyright infringement legal strategy is to send demand letters to people and hope to scare them into submission. There is a huge dispute with regard to this tactic concerning copyright infringement with regard to website content:

http://www.righthavenlawsuits.com/

Search the forums here and you'll see that this group as well as others are like debt collectors who bought a debt. They will send out frightening letters in the hope of collecting easy money. And in this case, who wants to be threatened with having their name appear on the public docket with a complaint that alleges that the defendant downloaded pornography? People will want to avoid that issue with great zeal.

While it is an expense, retaining an attorney has the following advantages:

- Statements made by your attorney are not attributable to you, e.g. things you might say may be construed to be an admission.
- If the firm sees that you have an attorney, they may just drop the matter thinking that the prosecution of the case is far more expensive than worthwhile.

You should ask any of these attorneys what they will do specifically before hiring them. As of now, there is no "settlement discussion" to take place. The plaintiff doesn't know who you are at present.