Tech | April 18, 2011 | 12 comments

Copyright Troll John Steele Vs. Illinois Code Of Professional Conduct (oped)

https://www.iardc.org/newrules2010.htm

The op-ed is being written due to multiple requests for ideas about what to include in ethics complaints against Mr. Steele. This list will be updated as frequently as is necessary to produce the most accurate list possible:

Preserving Integrity of Adjudicative Process

[12] Lawyers have a special obligation to protect a tribunal against criminal or fraudulent conduct that undermines the integrity of the adjudicative process, such as bribing, intimidating or otherwise unlawfully communicating with a witness, juror, court official or other participant in the proceeding

------Mr. Steele's firm has been using Mark Lutz to contact individuals in hopes that he will be able to threaten people into settling.

RULE 1.2: SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER
[10] The lawyer is required to avoid assisting the client, for example, by drafting or delivering documents that the lawyer knows are fraudulent

-----Mr. Steele's firm has sent out settlement letters with dates 4-5 years off and decietful statements that claim his firm has been unable to get in touch with certain individuals.

RULE 1.3: DILIGENCE
A lawyer shall act with reasonable diligence and promptness in representing a client.

[2] A lawyer's work load must be controlled so that each matter can be handled competently.
-----Mr. Steele appears to have started to lose track of some of his interactions with John Does, which means his work load is becoming unmanageable

RULE 1.7: CONFLICT OF INTEREST: CURRENT CLIENTS
Personal Interest Conflicts

[10] The lawyer's own interests should not be permitted to have an adverse effect on representation of a client. If the probity of a lawyer's own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client detached advice.

-----Mr. Steele paid for the creation of the software his firm uses to track Bittorrent traffic and he also pays the salary of the individuals who produce his evidence. Mr. Steele has a financial interest in his software producing guilty verdicts which means that he can not claim to be able to absolutely represent the interests of his client(assuming his client is interested in justice rather than merely blackmailing people out of money)


Identifying Conflicts of Interest: Material Limitation


[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests.

----Mr. Steele's need for his software to be effective/accurate results in a conflict of interest that inhibits his ability to consider the possibility that further investigation is necessary to determine whether or not the accused is guilty.

Nonlitigation Conflicts

[7]. Relevant factors in determining whether there is significant potential for material limitation include the functions being performed by the lawyer, the likelihood that disagreements will arise and the likely prejudice to the client from the conflict.
-------Mr. Steele is attempting to function as an evidence gatherer and prosecutor. His behavior will inevitably result in prejudice to his client


RULE 3.2: EXPEDITING LITIGATION


A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.

[1] Dilatory practices bring the administration of justice into disrepute. Nor will a failure to expedite be reasonable if done for the purpose of frustrating an opposing party’s attempt to obtain rightful redress or repose. It is not a justification that similar conduct is often tolerated by the bench and bar. The question is whether a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay. Realizing financial or other benefit from otherwise improper delay in litigation is not a legitimate interest of the client.

-----Mr. Steele's firm has made repeated attempts to delay the legal process in hopes of leaving defendants in limbo so that his firm will have additional time to extract settlements


RULE 3.4 Fairness to Opposing Party and Counsel

(a) A lawyer shall not:

(1) (a) unlawfully obstruct another party's access to evidence or unlawfully alter

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;


-------Unfortunately, Mr. Steele's firm is managing to exploit a legal loophole which allows them to conceal evidence during the pre-settlement period. If his firm was filing an actual lawsuit, it would be required to show the evidence to the accused before demanding a settlement. This is the by product of the same corrupt legal system that allowed the corrupt(imo) Judge Howell to rule on copyright cases despite her well known ties to the RIAA

RULE 4.1 Truthfulness in Statements to Others

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person

-----The letters that include inaccurate dates and false statements about contacting individuals=blatant lies

RULE 4.3 Dealing With Unrepresented Person

The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

----I personally consider calling someone up and telling them that if they don't settle they will have to spend a lot more money and spend a ton of time in court to be the equivalent of providing legal advice. Advice which would be in violation of this rule

RULE 5.5 Unauthorized Practice of Law;Multijurisdictional Practice of Law

(a) A lawyer shall not:

(a) practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction;, or

(b) assist a another in doing so.


--------Assuming the aforementioned issues can be validated, then Mr. Steele's employment of Brett Gibbs in California would violate this rule

RULE 7.3: DIRECT CONTACT WITH PROSPECTIVE CLIENTS

(a) A lawyer shall not by in‑person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:

(1) is a lawyer; or

(2) has a family, close personal, or prior professional relationship with the lawyer.


---------There have been multiple reports that Mr. Steele has shown up to porn conventions in order to try to drum up new clients. He works
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12 comments // Copyright Troll John Steele Vs. Illinois Code Of Professional Conduct (oped)

  • On2ndthought
    • +1
      On2ndthought  
    • Given Mr. Steele's obsession with trolling around the web and trying to spread fear, uncertainty, and doubt, I would like to point out the fact that 90% of the time Mr. Steele's comments lack substance and merely consist of insults, complaints about being insulted(he whines about that on a ton of different forums, which I monitor periodically), and threats about how "they are going to get you." I consider his need to threaten the Internet to be a strong indicator of a weak case. Why bother discouraging people from sending in complaints if the ARDC thinks they are a joke? Seems more like damage control

    • 11 months ago
  • JohnSteele
    • 0
      JohnSteele  
    • Hello, I enjoy reading all the non attorney analysis of the ardc and me, they think pirate complaints of our suits are a joke and don't even forward them to me anymore.

      I never hear anyone claim they didn't do it on this site, just complaints of getting caught. These sites are always two months behind what is going on. Just wait. We are just getting started. Here is my advice: next time your mom makes you a snack, and your thinking about taking a break from world of Warcraft, just close Your eyes and dream of your favorite star trek character. It's cheaper

    • 11 months ago
  • On2ndthought
    • 0
      On2ndthought  
    • JohnSteele:

      Mr. Steele, even a guilty person has a right to complain about a lack of justice. As an attorney, this fundamental fairness is something you are supposed to protect. Luckily, juries tend to be comprised primarily of non-attorneys. I can`t confirm or deny your statement about the IARDC, however I will definitely contact them and ask if they agree with you.

      I assume the comment about how you are just getting started is intended to intimidate people. Kinda of like that comment you made on Ars in which you threatened anyone who speaks out against you by claiming that you "figured out" a poster and then sued him directly.

      I'm sure you are aware that the porn community, especially the fetish crowd, is chuck full of some extremely bizarre individuals. You keep up your work and odds are you, or one of the attorneys acting on your behalf, is going to end up pushing the buttons of the wrong person. Speaking of which, since you haven't been on here in a long time, I was curious as to how things are going with the threats towards you and your family that you were whining about on here?

      Personally, I don't believe in threats and prefer to honestly discuss the facts of a situation. However, I have a feeling this attempted lesson in Karma and ethics is a waste of breath

    • 11 months ago
  • fuksteele
    • 0
      fuksteele  
    • Well, I don't see IARDC is taking any actions against steele. By now, they received at least a dozen complaints and they all know exactly what he's been doing, but they didn't take any action against him yet, I wonder why!?

    • 1 year ago
  • On2ndthought
    • 0
      On2ndthought  
    • fuksteele:

      I've always been wary of the concept of lawyers policing lawyers. For ACS Law to be investigated, the number of complaints had to exceed 16 percent of all the ethics complaints for the entire month before the UK courts acted. Unfortunately, the IARDC may need to be bombarded with complaints before it chooses to act

    • 1 year ago
  • FSteele
    • 0
      FSteele  
    • John Lawrence Steele and Paul Hansmeier DISTRIBUTE PORNOGRAPHIC MATERIAL WITHOUT AGE VERIFICATION! Hansmeier says something in the complaint along the lines "I download (through torrents) the entire file to make sure it's the actual work of the plaintiff". Here's an admitted file sharer who spreads pornographic material indiscriminately to, most likely, minors!

    • 1 year ago
  • On2ndthought
    • 0
      On2ndthought  
    • To address the extensive issue of deceit/misrepresentation before the courts:

      1) Many of Mr. Steele's complaints include multiple file names which indicates that there must have been multiple torrent swarms. Mr. Steele's attempt to claim that he can join multiple titles into one action by stating that all the John Does were acting in concert was shot down way back in October of last year:

      On October 1, Judge Ruben Castillo dismissed another John Steele complaint, stating that various titles couldn’t be lumped into one case.

      "After a careful review of the case docket, the Court hereby dismisses the complaint without prejudice to a proper amended complaint which names individual defendants. Plaintiff's attorney is cautioned that there must be joint activity by similar defendants to name said defendants in one lawsuit...Individual lawsuits against any defendant operating individually would be appropriate."

      Rather than learning from this mistake, Mr. Steele simply decided to change venues in hopes that a new judge would overlook the inappropriate joinder.

      2)To justify expedited discovery, Mr. Steele has claimed that his client has reason to believe that the accused continues to share his client's content. He also states that monitoring of infringing activity is ongoing. One would not need expedited discovery if you are constantly monitoring an IP address's alleged sharing of a specific file. I find the argument questionable because he could have issued a cease and desist letter and then followed up with a lawsuit if necessary. For his firm to ship out letters that include start and stop times for a torrent from several months ago implies a severe disinterest in determining whether or not infringement is ongoing. The fact the he starts at $2900 despite the start and stop time on some letters only being a few hours apart indicates that, as a federal judge put it, his firm is fishing for cash

      3)To justify lumping hundreds of people together and trying to get access to their personal info, Mr. Steele claims in several complaints that his firm does not know the location of the defendants because they are hiding under the cloak of IP addresses. However, he simultaneously tries to use geolocation tools as justification for his choice of venue. Apparently, geolocation is acceptable when looking for new targets but it is impossible to use when trying to determine whether or it is proper to sue someone in a Chicago court
      ---------On a related side note, if anyone looks at some of Mr. Steele's exhibits you will notice that the file names are not sorted. In order to avoid targeting people outside of his court's jurisdiction, Mr. Steele's firm should have sorted the spreadsheets by title, used geolocation tools to determine the location of the accused and whether or not the IP addresses have any connection to anyone in Chicago, and then proceeded with sending subpoenas to ISPs. That would have been the ethical thing to do, however his firm is only seeking contact info so it can harass people

      4)Mr. Steele's firm tries to threaten people out of money by claiming that they could be held liable for failing to secure their wireless network. Such a claim is not supported by laws in many states including his own:

      "According to Winnebago County State's Attorney Paul Logli, unauthorized access of a WAP is illegal in Illinois, even if the network is unprotected"
      http://arstechnica.com/old/content/2006/03/6447.ars

      5) Mr. Steele claims in his complaints that all of the torrent files were clearly labeled in a way which identifies his client as the copyright owners. Yet his evidence includes file names like jenny01 or kaycee01. There is nothing in those titles to indicate that his client owns them. When asked about this, Mr. Steele stated that his client knows which models the name refers to, but that statement can not logically apply to the judge or any third party. It's just a woman's name and a number

      6)Mr. Steele is contacting people and claiming that their info was turned over because they allegedly downloaded a copyrighted file. However, as his complaints state, the files had not been copyrighted at the time of the request. I am still having trouble locating the copyright info for many of the files in his complaints. Mr. Steele's own website states that registering a copyright is usually a prerequisite for filing a copyright infringement suit. Makes one wonder if he is merely trying to buy time until the applications clear

    • 1 year ago
  • FSteele
  • blackbird098
  • On2ndthought
    • 0
      On2ndthought  
    • blackbird098:

      Most states model their rules of Professional Conduct after the rules put forth by the American Bar Association. Therefore all the same rules should apply, plus Mr. Steele can be held partially responsible for any ethics violations by the attorney in California and Mark Lutz

    • 1 year ago
  • On2ndthought
    • 0
      On2ndthought  
    • to finish up the article:

      for free, so his only motive is pecuniary gain. Therefore, Mr. Steele has violated this rule on multiple occassions

      Rule 8.4

      RULE 8.4: MISCONDUCT

      It is professional misconduct for a lawyer to:

      (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.
      -------See above

      (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
      -----Blatant lies are included in some of his pre-Settlement letters

      (d) engage in conduct that is prejudicial to the administration of justice.
      -----Purposefully restricting access to evidence and failing to take the steps necessary to verify the guilt of the accused indicates actions which are prejudicial to the administration of justice

    • 1 year ago
  • On2ndthought
    • 0
      On2ndthought  
    • Additional rules violations will be added ASAP. Unfortunately, the number of potential violations exceeded the number of characters current.com allows for a single article

    • 1 year ago
On2ndthought
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