"AvoidAClaim" Blog

Two Ontario lawyers have notified us that they received an email from the purported Matthew Shilton of Holbury Hardware Stores 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: Matthew Shilton [mailto:matthewjshiltoni@yahoo.co.uk]
Sent: April-26-13 2:36 PM
To:
Subject: REQUEST FOR COUNSEL

Regards,
Matthew Shilton
Manager
Holbury Hardware Stores
125 Long Lane Holbury
Southampton SO45 2NZ,United Kingdom
TEL:+44 238 097 0628
FAX:+44 238 005 1245

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

Mediation is a powerful tool. When managed by a capable mediator, it can shine a bright light on a dispute, illuminating for all parties the strengths and the weaknesses of their respective positions.

The dynamic nature of mediation can also create unintended hazards.

To read the article click here or on the image above. The article orginally appeared in the the Winter 2006 “Delivering on the Client Service Promise” issue of LAWPRO Magazine. All past issues of LAWPRO Magazine can be found at www.lawpro.ca/magazinearchives

An Ontario lawyer has notified us that he received an email from the purported Giovanni Bertolotto of Binding Union 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: Giovanni Bertolotto
To:

bertolottigiovani@gmail.com

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

Three Ontario lawyers have notified us that they have been contacted by the purported Margaret Brockman with regards to a collaborative family law agreement dispute. This is a fraud we have seen before under several other names and similar scenarios. For details on how this fraud works and a full list of names attached to it see our Confirmed Fraud page.

Here is the initial email:

From: Margaret Brockman
ReplyTo: margaretbrock1967@gmail.co
Subject: Dear Counsel
Sent: May 20, 2013 2:03 PM

Thanks,
Margaret Brockman.

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

Three U.S. lawyers have notified us that they’ve been contacted by the purported Meg Li Martinez 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: meglsc@iprimus.com.au [mailto:meglsc@iprimus.com.au]
Sent: Monday, May 20, 2013 10:49 AM
To: undisclosed-recipients:
Subject: Contempt Petition

Regards,
Meg Li

A lawyer who replied got this response and fake documentation:

Thanks for your responds, I am glad for the opportunity given me to explain everything concerning my case to you. I can also be reach on (253)785-0889, or my private number on (617) 383-7494 . but am presently going out to check on my cousin who is admitted in the hospital. I don’t really know when I will get back home but it is imperative for me to give you a detailed rundown of my legal issue with my ex-husband. I may likely call you later today.

Regards
Meg Li Martinez

Martinez Divorce Decree

Martinez Separation Agreement

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

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 →

Six U.S. lawyers 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 →