by Leanne Fasciano

LAWPRO hasreceived several reports of fraudsters impersonating lawyers.

Fraudsters will use a lawyer’s identity to deceive the public, clients and prospective clients, other lawyers, or third parties into sending money, such as a retainer fee or transaction-related funds. In other cases, the impersonator is using the lawyer’s identity to engage in the unauthorized practice of law, including appearing on record in litigation matters and signing documents as a notary or commissioner.

Real Examples

Here are some real examples of impersonations that lawyers have shared with LAWPRO:

  • Fraudsters sent letters to members of the public that appeared to be from a legitimate law firm. The letterhead included the law firm’s real name, address, and the name of one of the partners, but the telephone number, website, and email addresses were fraudulent. The content of the letter promised a financial windfall such as an inheritance from unknown relative overseas. If the recipient emailed the address in the letter, they received a phishing email in reply asking for personal information or money.
  • A lawyer was falsely identified as the plaintiff’s representative in a Small Claims Court Plaintiff’s Claim. All of the lawyers’ contact information was included on the form, including their address, phone number, and email, however the lawyer was not the plaintiff’s representative, nor had the lawyer ever represented the plaintiff.
  • A lawyer was being impersonated in emails that were sent from a fabricated email address. The emails falsely claimed that the lawyer was acting as either litigation or real estate counsel for individuals and referred to fabricated court attendances, orders, undertakings, and representations.

What to do if you suspect that you or your law firm are being impersonated

Although impersonations do not generally result in claims, LAWPRO is often asked what lawyers can do in such situations. Consider the following steps:

  • Use a standard script in all responses (phone, in-person, or email) to clarify that you and your firm are not involved and advise the inquirer to treat the matter as potential fraud. Keep a record of all inquiries and responses.
  • Consider posting a notice on your website to inform visitors of the situation, although some may prefer to not draw more attention to the issue.
  • Notify all parties that you are being impersonated (i.e., the courts, opposing counsel).
  • If your website has been duplicated or your information is used on another website, contact the web provider to request removal due to fraudulent activity.
  • Report the incident to the police.
  • Report to the Canadian Anti-Fraud Centre.
  • File a complaint with the Law Society of Ontario through LSO Connects and contact the Practice Management Helpline for additional guidance relating to your professional obligations given the circumstances.

Impersonations can involve cyber fraud (hacking your computer systems and accounts to impersonate you), if you suspect this is the case:

  • Check your trust account immediately. If any funds have been fraudulently transferred, call the bank and ask them to stop the transfer(s).
  • Contact your IT specialist and determine if your email or internal computer system has been compromised. If so, change the passwords and then file a notice of claim with LAWPRO.
  • If there is a possibility that the impersonator may contact current or former clients, advise your clients to watch for suspicious emails.

Preserve all evidence related to the fraudulent activity.

Categories: Fraud Prevention