Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O c t O b e r 2 0 1 4 13 return address is a free service such as Hotmail, Yahoo, or Gmail and the person is writing from out of the country). Most companies have their own address, says Buchanan. The individual writing the e-mail is requesting the lawyer help col- lect the debt from a person (who is in on the scam) within the lawyer's area. The e-mail sender may even send a retainer along with forged court or legal docu- ments. "A lot of these [legal forms] can be downloaded from the Internet today," says Buchanan. The lawyer writes a let- ter to the person owing funds and the person owing the debt usually pays up quickly with a forged bank draft or some kind of forged note. The person owed the debt asks the lawyer to either take his retainer from the note deposited in trust or simply requests the funds be immedi- ately wired to the individual. By the time the bank discovers the draft or note is fake, the money is long gone along with the scammers. "I get a call at least once a week, some- times two, three, or four times a week." No one is immune, she says, senior partners from large firms through to individuals in smaller rural towns have been the vic- tims over the years. "I cannot emphasize enough how important it is to verify the identity of a new client," she says. It can be done in person with documentation or through an agent for potential clients overseas or out of the area. Following the client identification rules set down by the LSBC, says Buchanan, reduces the potential for fraud dramatically. "Ninety per cent of the time there won't be a prob- lem," she says, adding that the scammers will quietly disappear opting for greener victims. The scammer might try to fax documents rather than meet someone face-to-face but that again is usually a tip-off that it is a scam, she says. "It is also important that the lawyer let me know," says Buchanan. Law firms should also develop an in-house gatekeeper mentality with indi- viduals such as receptionists screening those who call or come into the practice. Service companies should provide the names and arrival times of service men and credentials should be checked. She says there has been an incident of fake computer repair personnel going into an office but the individual was foiled before he had a chance to access any doc- uments or transfer any funds. Lawyers, who have service personnel working nearby, should also be cautious about leaving cheques or sensitive documents lying around. Another piece of advice from Buchanan? The scammers are getting smarter because the legal profession is educating them. Lawyers will write back saying they know it is a scam because of some tip-off. Next time, the scammer will change that detail. "Don't tell them," she advises. — Js refl ecting on your specialty refl ects well on you ENHANCE YOUR EXPERTISE – AND YOUR VALUE – WITH A PROFESSIONAL LLM FROM OSGOODE. Put the focus on what interests you most. With leading academics, top practitioners and senior judges among our internationally renowned faculty, our programs offer you the unparalleled fl exibility to study with a network of your peers while practising full time. Customize your studies to suit your needs, either onsite at our convenient downtown Toronto facility, or via videoconference from anywhere around the world. NOW ACCEPTING APPLICATIONS FOR WINTER 2015 STARTS IN 9 SPECIALIZATIONS: > Administrative Law > Banking and Financial Services Law. > Business Law > Civil Litigation and Dispute Resolution > Constitutional Law > Criminal Law and Procedure > Energy and Infrastructure Law > Family Law > General LLM Professional legal education the way it was meant to be. To learn more or to register for an Information Session, visit www.osgoodepd.ca today. A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING Limited Spaces Available for Winter 2015 Apply Now! ntitled-2 1 2014-09-15 10:43 AM

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