"AvoidAClaim" Blog

Nothing has a more dramatic and immediate impact on successful client relations and your bottom line as your approach to drafting bills. Motivated clients will pay their bills with a higher degree of reliability. Satisfied clients will help you to grow your practice. On the flip side, sending clients bills they feel are unfair or unjustified risks unpaid invoices, loss of clients, and missed client referrals.

This book will help you communicate trust, confidence, and value to the client. The authors take you step-by-step through the process of building the client relationship, setting the appropriate fee agreement, and drafting the bill that will get you paid. Comparisons and samples of fee agreements and invoices are integrated throughout the text, along with a clear explanation of which methods work best-and why.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

Once you have decided that you are prepared to represent a client in a particular matter, you are ready to begin building a relationship with that client. Even if you already have a relationship with the client, but are taking on a new case, it is essential that you communicate with him or her to establish a mutual understanding of the nature and scope of the matter to be pursued.

practicePRO’s Managing the Lawyer/Client Relationship booklet contains the following checklist you can use to ensure you and the client are the same page as to what you are being retained to do and how it will proceed.

Generally

• Language of retainer must be clear and understandable.
• Document should provide for acknowledgment and acceptance of all of the terms by the client.
• Specify that any changes to the terms of the letter agreement must be in writing.

Parties to be represented

• Identify the client – obtain proper legal names for all persons and business entities.
• Identify all other parties in matters.
• If there are multiple clients, explain that the effect of lawyer/client privilege does not apply as between them.
• If conflict is being waived on consent, set out terms regarding consent.

Client’s objectives and strategy

• Identify the client’s objectives and propose strategy to meet the objectives.
• Outline the scope of representation and identify specificity of the retainer where it is limited.
• Identify nature and degree of factual investigation to be made.
• Explain ambit of legal analysis to be performed.
• Outline key steps in the representation.
• Provide an estimated time frame for all major work and identify critical points in time.

Client communications

• Set out line of communication and need for instructions.
• If there are multiple clients, set out the process for instructions and disclosure or need for ILA.
• Confirm type of reporting needed by the client.

Responsibilities of lawyer, staff and client

• Identify significant areas of responsibility vis-a-vis you, the law firm, the client or a third party, and include permission from the client before incurring significant expenses with third parties such as experts or other service providers.
• Define your level of authority and identify matters which specifically require the client’s consent.
• Explain and confirm delegation within your firm.

Safeguarding client property/investment of funds

• Identify property being held at your law firm and confirm arrangements for safekeeping.
• Confirm investment of any funds being held in trust.

Fees and expenses

• Identify the basis for the fees to be charged (e.g. fixed fee, hourly rates, blended option). If charges are on an hourly rate basis, the current rate for each lawyer and other time keeper assigned to the matter should be described along with an indication of whether rates are subject to change in the future.
• Review the nature of the out-of-pocket disbursements to be billed and distinguish between internal expenses such as photocopying and long distance charges as opposed to charges from an outside vendor such as court fees, government searches and agency fees.
• Set out the timing of rendering of accounts and period within which accounts are to be paid.
• Identify the need for any financial commitment in advance (referred to as a financial retainer) and terms upon which funds are to held/invested and drawn upon and replenished in the future.
• Describe billing format and elicit any particular billing format requirements of the client e.g. detailed statements – identify time keeper rates, tasks undertaken.
• Outline consequences, if any, of late payment of accounts and circumstances under which the retainer will be terminated for non-payment.

Grounds for termination or withdrawal of services

• Set out grounds for your termination/withdrawal (e.g. failing to receive instructions or any other grounds).

An Ontario lawyer has notified us that he received an email from the purported Takagi Yumiko with regards to a commercial debt collection scam. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: Takagi Yumiko [mailto:takagi_yumiko@yahoo.com.hk]
Sent: May-16-13 10:47 AM
To:
Subject: Legal Rep

Takagi Yumiko
takagi_yumiko@yahoo.com.hk

How to handle a real or suspected fraud Read the rest of this entry →

Lawyers in D.C and Connecticut have notified us that they’ve been contacted by the purported Seina Bloomberg with regards to a to a collaborative family law agreement dispute. This is a fraud we have seen before under several other names and similar scenarios. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: seinabl@iprimus.com.au [mailto:seinabl@iprimus.com.au]
Sent: Monday, May 13, 2013 2:47 PM
Subject: Review my case……..

Please do you handle cases regarding failure to obey court order of child
support?
Ms Seina

One lawyer who replied got this response and fake documentation:

From: Seina Bloomberg
Date: Thu, May 16, 2013 at 4:04 AM
Subject: RE: Review my case…….
To:

Ms Seina.
Address: 936-Nishi-Azabu, Minato, Tokyo, Japan

Bloomberg Divorce Decree

Bloomberg Separation Agreement

How to handle a real or suspected fraud Read the rest of this entry →

A lawyer in California has notified us that he received an email from the purported Adriana Altosinno of Olivetti S.P.A with regards to a commercial debt collection scam. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: Adriana Altosinno [mailto:adriana.altosinno@gmail.com]
Sent: Thursday, May 16, 2013 2:53 PM
To:
Subject: Legal Rep

http://www.olivetti.com/

How to handle a real or suspected fraud Read the rest of this entry →

Problems with lawyer-client communication are the number-one cause of claims reported to LAWPRO. The way to prevent these claims sounds simple enough: Remind lawyers to communicate better with their clients.

However, appeals to “communicate better” can seem vague − or even a little “touchy-feely”. Need specifics? Consider the following list of practical strategies. These ten tips were chosen from Tim Lemieux’s article “Is anyone listening? Preventing communications claims” which appeared in the Fall 2011 issue of LAWPRO Magazine.

To communicate better:

1. Meet with the client yourself (don’t just rely on a clerk’s intake meeting notes).
2. Remember that the client is the person with value at risk in the transaction (the client’s representative, child, parent, interpreter, etc. is NOT the client).
3. Ask questions about WHY the client wants what he or she wants. Why does she want to buy this particular property? Why does he want to disinherit his daughter? Why is she waiving disclosure? Why is he not proceeding against a particular potential defendant?
4. At the initial meeting, communicate your views about: the client’s prospects of success; your estimates with respect to cost and timing; and an overview of proposed processes and procedures. Document this discussion.
5. Document your instructions (both initial instructions and changes in instructions, settlement instructions, etc.).
6. Explain what you will NOT be doing for the client (for example, you will handle a commercial transaction, but cannot provide a tax opinion about its effects; you have been retained to handle a personal injury claim, but not to negotiate with the client’s workplace LTD insurer).
7. Touch base with the client at regular intervals during a long litigation, even if there’s no news.
8. Communicate the details of settlement offers in writing; and in addition, explain the effects and consequences of the proposed terms to the client. Review drafts of documents with the client.
9. Explain the legal effect of settlements, waivers, releases, contracts and anything else that affects clients’ rights. Document these conversations, including any questions or concerns raised by the client.
10. Send a reporting letter at the conclusion of a matter; include mention of anything that requires follow-up by the client.

Want to know more about how communication problems lead to claims, and how you can steer clear? Browse our full “Communications issue” of LAWPRO Magazine, available at www.lawpro.ca/magazinearchives.

A lawyer in New York has notified us that he received an email from the purported Antonio Bagio of Marima Srl with regards to a commercial debt collection scam. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: Antonio Bagio [mailto:antonio.bagioo@gmail.com]
Sent: Tuesday, May 14, 2013 11:37 AM
To:
Subject: Legal Rep

http://www.marimasrl.it/

How to handle a real or suspected fraud Read the rest of this entry →

A lawyer in Ontario and one in Quebec have notified us that they received an email from the purported Aina Mikaela of Axis Communications with regards to a commercial debt collection scam. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: Aina J.Mikaela [mailto:AinajMikaelai@axxisi.com]
Sent: May-16-13 6:22 AM
To:
Subject: ATTORNEY REPRESENTATIVE

Aina J. Mikaela
Secretary
Axis Communications
Emdalavägen 14
SE-223 69 Lund Sweden
Phone +46851971490
Fax # +46850909550
www.axis.com

How to handle a real or suspected fraud Read the rest of this entry →

Three lawyers in the U.S. have notified us that they’ve been contacted by the purported Crystal Hokkien with regards to a to a collaborative family law agreement dispute. This is a fraud we have seen before under several other names and similar scenarios. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.

Here is the initial email:

From: miki@bendbroadband.com
Sent: Thursday, April 25, 2013 6:45:49 AM
Subject: Hello

I am seeking legal representation to enforce settlement agreement

A lawyer who replied got this response and fake documentation:

Dear Counsel,

Crystal H
Address: Sumida-ku, Arka Central Building, 89F Tokyo Japan

Hokkien Divorce Decree

Hokkien Settlement Agreement

How to handle a real or suspected fraud Read the rest of this entry →

The almost daily postings about new fraudster names can become a bit of a blur to readers (and us!) so we’ve decided to post a summary at the end of each month, starting with April of 2013.

April saw the most emails to fraudinfo@lawpro.ca we’ve yet received in a single month: 407. While there are ups and downs in monthly email totals (as low as 50, as high as 300) the average in the past two years has been about 200 a month.

17 new fraudulent names or scenarios were idenitified and posted to the blog, following from 34 new posts in March (an all time monthly high). All but three were commercial debt collection or business loan scenarios.

70% of emails in April were from the U.S., 27% from Ontario, 1% from elsewhere in Canada and 2% from outside North America. Since we started tracking emails in January of 2011, the cumulative breakdown of emails was 45% from Ontario lawyers, 45% from the U.S., 5% each from the rest of Canada and outside North America respectively. Year over year however, the total percentage of emails to us from U.S. lawyers has grown from 38% in 2011 to 42% in 2012 to 60% so far in 2013.

Here are the fraud posts we did in April sorted by scenario:

Commercial debt collection scam:

• Ichiro Itoh
• Al Fournier of Bjordal IndustrierAS
• Michael Jones of Bjordal IndustrierAS
• Zhidan Tang of Brone Electric Co.
• Niu Zhiming of Xiware Technologies
• Xian Chin of Shanxi Xinfusheng Machinery
• Ludvik Harald of JSC Tosmare Shipyard
• Sebastian Aksel of JSC Tosmare Shipyard
• Hiroshi Kitagawa of Eta Electric Industry

Business loan collection scam:

• Derick Abrams
• Akai Han
• Rufus Young
• Akio Wu Ryo
• Gary Seiders

Separation agreement scam

• Sharon Marcel
• Cynthia Woichun

Personal Injury settlement scam

• Eva Harvey