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"Everyone is vulnerable, it's a question of the right file coming across your desk." — DAN PINNINGTON, PRACTICEPRO reach an agreement to pay some of what they owe. As a first line of defence, Gillis and Pinnington urge lawyers to ask ques- tions of their clients in any situation where they have cause for suspicion — and there is often something about the fraudulent scenarios to raise a lawyer's antennae: an out-of-province client, a draft from a U.S. bank, documentation from a U.S. jurisdiction, or a request to send funds overseas. But such swindlers have learned from the kind of questions they are getting and will now often respond with very good answers, con- vincing explanations, and authentic- looking legal documents. Fraudsters have also learned to limit the scale of their schemes to amounts more in keeping with the kinds of deals lawyers likely handle every day. In the past, they would try to con lawyers out of millions, now they'll be forging cheques for $200,000 or $300,000, says Pinnington. In some cases, the client will present himself or herself as com- ing from the same ethnic commun- ity as the lawyer being targeted, says Pinnington, who recalls how one young lawyer was so concerned about her reputation in her community that she failed to see what should have appeared to be an obvious fraud. It's not only small firms and solo prac- titioners who are likely to be conned. Pinnington says he knows of two recent cases where large firms came close to cutting a cheque for a fraudster. In one case, it was someone in the accounting department who sounded the alarm after noticing that the amount on a cheque was exactly the same as another cheque she had seen earlier. In the other case, the matter had been referred to a junior lawyer who happened to have dealt with a case involving fraudulent cheques before and felt the instrument that crossed her desk for processing didn't look quite right. ntitled-13 1 Protecting against fraud requires a team effort, says Gillis. Not only all of the lawyers in the firm but also the office staff should remain alert and bring to attention anything that seems unusual. She and other experts advise that you should be concerned about clients who don't seem to have any connection with you or the jurisdiction you are in. You should search online to verify the identity of the client and any third party involved in the deal. You should examine the quality of the paper bank drafts are printed on. You should certainly ask questions about any aspect of the deal that seems suspicious. But, above all else, law firms are advised to resist all pressure to make a quick payment out of their trust accounts and wait to make sure the cheque they have received has cleared and is genuine. Pinnington notes LawPRO now pro- vides Ontario lawyers with insurance against cheque fraud. The insurance is contingent upon the lawyers satisfying the following conditions: before dis- bursing funds they must wait eight days for the cheque to clear, confirm with the bank that the cheque is good, and fol- low up that confirmation in writing. Whether you are eligible for this insur- ance or not, if you follow those condi- tions, you probably won't need it. Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Witness Preparation A Practical Guide (Previous edition published as ) Expert insight and practical guidance from top authorities This resource provides everything you need to know about choosing, preparing and examining a witness. In addition to providing "tried and true" tips for witness preparation, it addresses significant developments in electronic discovery, the law of child witnesses and the law of conflicts of interest and privilege. ORDER your copy today Hardbound • Approx. 150 pp. August 2010 • Approx. $80 P/C 0100500000 ISBN 978-0-88804-509-6 P/C 01005000 ISBN 978-0-88804-50 9 Topics covered include: • • • • • • • • • ... and more interviewing prospective witnesses the decision to call a witness preparation for examination-in-chief preparation for cross-examination evidence and trial procedure preparation for examination for discovery preparing experts preparing child witnesses witness preparation and professional responsibility For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. CL0810 Prices subject to change without notice, to applicable taxes and shipping & handling. www. C ANADIAN Law ye rmag.com A UGUST 2010 21 7/13/10 3:02:29 PM Bryan Finlay, Q.C., T.A. Cromwell, and Nikiforos Iatrou Second Edition Witness Preparation Manual,