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(Reuters) – Lawyers who threaten “unmeritorious” lawsuits or who deliberately inflate litigation costs are likely to face disciplinary action, the legal regulator for lawyers in England and Wales warned on Monday.
The Solicitors Regulation Authority (SRA) has issued a “warning notice” to solicitors, lawyers who usually deal directly with clients rather than arguing in court, over concerns about the use of strategic litigation against public participation (SLAPP).
The SRA asked lawyers to “guard against engaging in abusive litigation aimed at silencing legitimate critics”.
Its chief executive, Paul Phillips, said in a statement that lawyers “must not abuse litigation to prevent legitimate scrutiny from journalists, academics and campaigners”, adding that “when lawyers cross the line into SLAPPs, we will take action”.
Lawyers must be able to identify courses of conduct that “can be defined as SLAPPs, or are otherwise abusive, and refuse to act as such”, the SRA said in its warning notice.
The regulator also said that “unreasonably aggressive and intimidating threats” to potential defendants or exaggeration of potential litigation outcomes “are a matter of concern and are likely to result in regulatory action”.
The SRA is currently investigating 29 cases where law firms may have engaged in SLAPPs, it added.
SLAPPs — which can be used to intimidate journalists, academics and campaigners — have been in the news, especially since Russia’s invasion of Ukraine. In recent years, Russian billionaires and big business have used London courts to sue those who published articles critical of them.
British lawmakers and campaigners have called for legislation on the use of the so-called “law”, and in July, the British government set out plans to tackle SLAPPs, which involve a three-part assessment court application before allowing a lawsuit. Introducing the progression and early dismissal process.
There is currently no specific anti-SLAPP law in force in Britain.
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