Monday, December 29, 2008

Beware of Costly New Scam Involving Law Firm Websites

For the past year there has been a rise in the number of sophisticated scams against lawyers, including virus-laden e-mail subpoena, fraudulent bank drafts,  and other banking schemes, resulting in costly monetary losses, embarrassment, and potential disciplinary problems. Now comes word from the Florida Bar of another scam involving fraudulent websites using names of real lawyers to catch unwary consumers of legal services.

This new scam is a version of the You-Won-The-Sweepstakes-But-Need-to-Send-Us-Money-to-Claim-It routine. The victim receives a call from the scammer with the "good news" and is given the law firm's website URL for the victim to confirm the lawyer's identity. The web address--often like ABClaw.com--takes the victim to a website that contains some legitimate information about the lawyer and/or law firm, but the phone numbers and addresses are directed to the scammer. (The site is, of course, built off-shore!) Even if the victim is savvy and calls the state bar to confirm the lawyer's name and good-standing, that won't prevent this fraud. 

This type of scam is particularly nefarious because it uses much of the public's remaining trust of the legal system to hook the victim. The best thing real lawyers can do is to join together in an effort to educate the public about these scams. Adding information to client newsletters, law firm blogs and web sites is a good start. A note in each client's bill next month would be helpful too. Such efforts will help reduce further incidents, and also assure the public lawyers are doing their part to keep down Internet fraud. Further, state bars should look at additional safeguards to see if the public can be protected against scams when they contact the bar for information.

Thursday, April 24, 2008

White House Blackberry Breach Yet Another Lesson for Lawyers

USA Today reports that several Blackberries belonging to White House aides were stolen by a Mexican diplomat in what may be the most audacious bit of espionage in a long time. The Blackberries were left unattended on a table outside a meeting room during a conference in New Orleans. It is yet another example of what can happen to mobile devices if their owners are not careful. That is to say, your smartphone will probably not be stolen by a Mexican diplomat, but thieves come in all shapes and sizes. As lawyers, we need to be sure we password protect all mobile devices, and encrypt any client documents we might choose to carry on the device, among other precautions.

I spoke to a fantastic crowd of lawyers on Tuesday in San Francisco on this very topic. I wish I had this story to put an exclamation point on my presentation, then again I never like to hear stories like this, especially when they happen to lawyers. For more information about securing your mobile technology, read the A Lawyer's Guide to Mobile Computer Security. And let's be careful out there!