Should frivolous legal "harassment" be penalised in some circumstances?

[Martinus]

Do you think there are circumstances in which serving a legal "harassment" (such as cease and desist letter) that is obviously baseless, but serves to coerce the recipient into taking or ceasing some action, be actually penalised (e.g. treated as a misdemeanor, or constitue grounds for a discliplinary action against the lawyer who serves such letter on behalf of his or her client)?

The fact is that the "equality of arms" in legal battles is often illusory - so the rich and powerful can easily threaten a small time blog author or a software user into refraining from exercising their rights, such as freedom of speech or a right to fair use of IP.

[DGuller]

IMO, yes.  The client should be assessed punitive damages, and the lawyer should be disciplined professionally.  I don't think even "professional" lawyers should be allowed to serve as legal goons, like for example Lance Armstrong's lawyers.

[Barrister]

Well in civilized countries we have cost penalties for the losing side.

But who gets scared by a demand letter?

[Malthus]

You may find this interesting: http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

[Neil]

Absolutely.  The lawyers involved should be executed and the plaintiff and the firms that represent them should be destroyed.  It is important to eliminate the poisonous influence of lawyers and law on our society.

[Grey Fox]

Neil's got a point.

[Martinus]

I'm not really talking about punitive damages, as this is still done within the civil legal process, so requires the harassed party to mount legal defense, which it often cannot afford. Plus, as we know, fines and financial penalties are really a pretty paltry deterrent when it comes to actions of corporations.

I am talking more about there being criminal charges (brought by the state prosecutor) against people who engage in such practices.

[Martinus]

Well in civilized countries we have cost penalties for the losing side.

There is frequently not a "losing side" as the harassed party often just does what it is being told and does not enter a legal process at all.

Plus cost penalties are not going to be a deterrent to a systemic practice.

[Martinus]

You may find this interesting: http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

Thanks but this does not really address my problem, rather, it explains that it exists to people who, like Barrister, think there is none.

[dps]

A cease and desist letter from someone's lawyer (as opposed to a cease and desist order issued by a judge) has about as much legal force as a letter from your useless brother-in-law begging you for money.  Generally, the best response is to throw it in the trash. 

That is, of course, assuming that you're not doing anything wrong.  If the letter is asking you to stop doing something for which the person on whose behalf it was sent would actually have a legit grievance against you for, you'd be best advised to, well, cease and desist.

[crazy canuck]

Marti, What process do you propose for deciding whether a demand letter is baseless?  Dont you require a hearing of some sort to determine that?

[Martinus]

Marti, What process do you propose for deciding whether a demand letter is baseless?  Dont you require a hearing of some sort to determine that?

The court may decide that in a criminal case brought by a prosecutor.

[Viking]

Well in civilized countries we have cost penalties for the losing side.

But who gets scared by a demand letter?

People who don't know how the law works.

[crazy canuck]

Marti, What process do you propose for deciding whether a demand letter is baseless?  Dont you require a hearing of some sort to determine that?

The court may decide that in a criminal case brought by a prosecutor.

On what basis does the Prosecutor determine that the matter is baseless and worthy of prosecution?

[Viking]

Well in civilized countries we have cost penalties for the losing side.

There is frequently not a "losing side" as the harassed party often just does what it is being told and does not enter a legal process at all.

Plus cost penalties are not going to be a deterrent to a systemic practice.

There is a standard criminal scam that goes on here in norway that during the summer vacation criminals send bills to be paid on short notice to companies and organizations hoping that the summer interns will just assume that they are legit and pay them.

I'm not sure how illegal this is but it probably depends on how the bill is formulated, though I think that if you just send payment information and get paid there is nothing illegal about that.