"AvoidAClaim" Blog

While not targeting lawyers specifically, you might wish to be aware of a scam currently taking place which involves receiving a phone call informing you that your computer is infected with a virus. The caller may claim to be from Microsoft or a software security company and will offer (in exchange for your credit card number) to install repair software, either by remote access or by directing you to certain websites.

Besides hoping to scam money from unsuspecting computer users, the fraudsters are also hoping to instal malware on your computer to gain access to your financial information.

Here is a press release from the RCMP and Canadian Anti-Fraud Canada. Be on the lookout!

Two Ontario lawyers have told us they’ve received emails from the purported Liu (or Wu) Liang with regards to a commercial debt litigation 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: Liu Liang [mailto:textile@taiwan.tw]
Sent: February 24, 2012 9:48 PM
Subject: Request for Legal Representation

Attention: Counsel
This is an official requisition for your legal consultation services on behalf
of San Wu Textile Company Ltd.We are based in Taiwan and our principal activity
is manufacturing cotton yarn,mixed spinning yarn, chemical fiber yarn, embryo
cloth, RTW clothes and knitwear. Other activities include constructing, leasing
and selling residential and commercial buildings and provision of investment
services. We are presently incapacitated due to international legal boundaries
to exert pressure on our delinquent customers in USA and we request for your
services accordingly.We got your contact information from the awyers Directory
as a result of our search for a reliable firm or individual to provide legal
services as requested. After a careful review of your profile as well as your
qualification and experience, we are of the opinion that you are capable and
qualified to provide the legal services as requested. Please accept my
sincerest appreciation on behalf of San Wu Textile Company Ltd,in advance for
your willingness to render your services as we look forward to your prompt
response to our request. Please contact us via this email liuliang@english.tw .
Thank you.
Liu Liang ,Changhwa, Taiwan.

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Two Ontario lawyers have been contacted by the purported Dah Sing Lei with regards to what looks like a real estate bad cheque scam. As with scams of this type, it appears that this fraud is a set-up for a request to return real estate deal deposit monies paid with a bad cheque. For a full description of how this fraud works and a list of names associated with it, see our Confirmed Fraud page.

Here is the email:

From: Dah Sing Lei
To:
Sent: Saturday, February 25, 2012 6:03 AM
Subject: Legal professional services needed.

Regards
Mr.Dah Sing Lei.
Alternative email:dahsinglei055@yahoo.com.hk

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Several lawyers in Ontario have notified us that they have been contacted by the purported Tammy Brewer (sometimes it is Tammy Schwartz) with regards to a divorce settlement 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: Tammy Brewer [mailto:tammybbrewer@gmail.com]
Sent: Monday, February 27, 2012 9:44 AM
To: undisclosed-recipients:
Subject: Re:Possible Representation

Tammy Brewer.

A lawyer who replied engaged in the following conversation:

Good day to you and thanks for responding to my email. Please pardon my late email response as my condition does not allow me to stay long on the computer. The consultation fee shouldn’t be a problem, kindly send me your firm fee / retainer agreement for my review and if OK upon receipt, I shall make immediate provision for the fee.

Tammy Brewer.

We have to run a conflict search and then we will prepare an engagement letter for your review. You will also have to complete a client information form and forward a copy your identification as part of that package. What is your ex-husband’s profession?

I do not think this matter will result to litigation as he is not disputing the claim neither did he want to contest it. All I am seeking is a reputable law firm like yours to act on my behalf as I am sick of his various excuses. He got properties here in KY, MI, and in ON as well. He is well to do business man but just wouldn’t want to come up with the balance on time as agreed. He agreed to pay but kept giving me numerous excuses and turning me around. Each time he noticed I am about to seek a legal counsel to sue for breach of the agreement we had, he always come up the notion that he want to pay and the moment I cool off, he won’t come up with the payment.

Ms. Brewer.

Ok. What we will propose in the engagement letter, is for an initial monetary retainer of $1,500 Canadian (hopefully, we won’t need to spend it all, but if litigation is necessary, we will require an additional retainer at that time).

Agreement received. I shall be reviewing it and get back to you soon with the signed copy and if OK, I shall make immediate provision for the fee. Also note that I have already given your firm information to my ex husband as he have requested for it to enable him establish contact with you and also make an arrangement on how to remit partial or full payment without delays or possible litigation. He emailed me stating that he does not want to be litigated and that he is willing to pay. I have asked him to contact you to discus to that effect.

Thank you once more. I shall get back to you soon after my review of the agreement.

Good day to you. Sorry for not getting back to you soon as promised. Work has been highly demanding over here lately.

Once again, thank you so much for making this happened.

Thank you. We will await receipt and clearance of the initial retainer. Is it possible for you to go to a local attorney just to confirm your identity as per the identification provided. Once we have that and the clearance of the initial retainer, we can open a file.

I am presently away on a reconstruction contract in Japan. Since the Tsunami disaster, the entire affected region still in a ruins and I happen to be one of the contractors rebuilding the community. There is no one standing buildings, consulate or office in this area.

I have attached my Social Security Number card for your peruse. Do let me know upon receipt of the partial payment.

Counterfeit cheques then arrived at the lawyer’s office with the following cover letter:

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Two lawyers have told us they’ve received emails from the purported Steven Graham with regards to a commercial debt litigation 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.

From: Steven Graham [mailto:grahams_steven@yahoo.co.uk]
Sent: Wednesday, February 22, 2012 4:14 AM
To: lawyer name
Subject: RE: Counsel Needed

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Lawyers in Ontario and the U.S. have told us they’ve received emails from the purported Blair McKinley with regards to a commercial debt litigation scam. As with similar fraud attempts there appears to be a real company webpage provided, though the phone number is different and a non-business email address is provided. The debtor company would also appear to be a real company. 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.

The initial email is very short:

From:
To: lawyer name
Reply-To:

I need a Business attorney ASAP.

Lawyers who respond get this reply and collection of documentation.

From: Blair Mckinley [mailto:mc_blair52@yahoo.co.uk]
Sent: Tuesday, February 14, 2012 2:17 PM
To: lawyer
Subject: Re:

http://www.mazco.co.uk

McKinley Mazco Promissary Note
McKinley MAZCO PAYMENTS

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Three lawyers in Ontario and one in the U.S. have notified us that they have been contacted by the purported Marilyn Montgomery 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: Marilyn Montgomery [mailto:marilynmontgomery13@yahoo.com]
Sent: Wednesday, February 15, 2012 11:52 AM
Subject: Attention Attorney

Complement of the season. I am Marilyn Montgomery. I am writing this firm in respect to my settlement with my separated husband (John Montgomery) I am currently on assignment in Asia . We had an out of court agreement (Collaborative Law Agreement) for him to pay $567,700.00 plus legal fees. He has only paid me $174,000.00 I am hereby requesting your firm to assist in collecting the balance from him. He is willing to pay me the balance but I would appreciate if your office handles the collection process from my ex Husband to avoid further delays or litigate this matter if he fails to pay as promised.
Sincerely,
Marilyn Montgomery.

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Two Ontario lawyers notified us that they received an email from the purported Lobo Lau looking to retain them with regards to collecting on a breach of contract. This is similar in wording to other frauds of this kind we have seen. For a full description of how this fraud works and to see other names attached to it, see our Confirmed Fraud page that deals with business load frauds.

Here is an example of the email:

From: Mr. Lobo Lau mrlobolau@yahoo.com.hk
Date: Thu, Feb 2, 2012 at 4:07 PM
Subject: Review My Case
To: lawyer name

Good Day Attorney,
I will like you to review a (Breach Of `Contract Matter) in your county that I will like your firm to handle for me. It is important we hear from you as soon as possible so we can decide on what to do. If you have any questions or concern do not hesitate to contact me.
Yours Truly,
Mr. Lobo Lau
Latitude Ltd-Hong Kong
7/F., Southeast Industrial
Building, 611-619 Castle
Peak Road, Tsuen Wan, Hong Kong
852 2410 2907
mrlobolau@yahoo.com.hk

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The following article by Dan Pinnington appears in the January 2012 issue of LAWPRO Magazine.

Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s previous firm, and in particular, clients for whom the transferring lawyer worked.

This critical task is not as easy as it might seem on first thought. The hiring firm must have sufficient information to complete an internal conflicts check, while at the same time making sure that no confidential client information is disclosed by either the transferring lawyer or the hiring firm.

Here are some steps you may want to take to identify potential conflicts of interest when dealing with a lateral hire:

• Ask for a current curriculum vitae so that you can review the background of the transferring lawyer. You will want to look back at least five years, or to the time of articling if this was less than five years ago.
• Check with the lawyers in your firm, or search within your conflicts system if it has the data to identify any matters on which the transferring lawyer’s previous firm was on the other side.
• Ask the transferring lawyer for a list of major clients and the matters he or she worked on (but not any confidential information, including the identity of clients if that is confidential) and have your firm’s conflicts person run these names through your firm’s conflicts database.
• In an interview (not in writing) ask the transferring lawyer if he or she is aware of any potential conflicts due to work done while at his or her previous firm.
• Ask the transferring lawyer if he or she sat on any boards, and if so, have your firm’s conflicts person run this information through your firm’s conflicts database, including, ideally, the name of the entity, the directors and officers.

It is critical that both the firm and the transferring lawyer take an honest and critical look at any potential conflicts situations. Unfortunately, the serious assessment of conflicts often does not occur until the very final stages of the transfer when the lawyer and firm are committed to making the transfer happen. a strong desire to hire a transferring lawyer should not lessen the need to identify and fully assess potential conflicts, and to take appropriate steps to deal with them if necessary. This may include erecting confidentiality screens or seeking client consents. In some cases, it may mean that the transferring lawyer cannot be hired or that the hiring firm may have to send existing clients to another firm.

Informing all lawyers and staff about the transfer once the transferring lawyer starts at the new firm will help identify potential conflicts that were not identified in the pre-transfer screening, and will ensure that appropriate confidentiality screens are put in place. The CBA Conflicts of Interest Task Force’s Toolkit (www.cba.org/conflicts) has an excellent model of a Lateral Hire Memorandum.

Resist any temptation to overlook or ignore any real or potential conflicts that arise when a lawyer transfers from one firm to another. A failure to deal appropriately with these conflicts only delays the
inevitable. In all likelihood the firm will have to refer any clients with a conflict to another firm, and it may even face a malpractice claim as a result of a conflict.

An Ontario lawyer has been contacted by the purported Yuang Thomas with regards to what looks like a real estate bad cheque scam. Another lawyer received an identical email from this person in June of 2010. For details of how this scam works see our Confirmed Fraud page.

Here is the email:

From: mryuang@yahoo.com.hk [mailto:mryuang@yahoo.com.hk]
Sent: February-10-12 9:58 AM
To:

Regards
Mr.Yuang Thomas
Telephone: + 852-8199-0710
Email:mryuang@yahoo.com.hk

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