When a person uses the identity of an attorney to defraud the public, more than one person is hurt. The consumer loses money and the real attorney, whose name was used, faces a possible reputational issue. That is what happened to at least 13 attorneys so far this year.
During an interview I had with the State Bar of California spokesperson Laura Ernde on June 25 we discussed the increase in the number of attorneys reporting potential problems to the Bar. Ernde confirmed that as many as 111 California attorneys have reported becoming victim to identity theft since 2002.
http://liarcatchers.com/identity_theft_investigation.html
Her statistics show that while there were only four cases reported in 2004 and six in 2006 that since then the numbers have been in the double digits with 16 in 2011 and 13 so far in 2012. She explained that these are primarily cases where a business card may have been stolen and include cases where people have actually used the identity of an attorney for business purposes. No one is sure why the number has increased so much. It could be due to more cases of identity theft or that attorneys are more concerned and reporting to the Bar now.
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In fraud cases the scammers may have set up a website or advertised that they were attorneys. That happened to both attorneys Jerry Garcia and Mohamed Salem. The scammer’s goals are to attract people who are seeking legal assistance. Unfortunately consumers pay legal fees to the person pretending to be an attorney then find out the thief has run off with their money.
Another ruse is to be “attorney” representing a client who says the consumer owes them money. They use the power of the word attorney to scam consumers who fear lawsuits or liens on their salaries.
In Garcia’s case a man came to his office believing he was represented by Garcia. The thief had been meeting him in another location. After the thief stopped returning calls, the “client” checked the state bar’s website and found another address for his supposed attorney. The thief was a disbarred lawyer and pleaded guilty to grand theft in May for taking money from would-be clients.
In Salem’s situation a thief had been using his name to “help” homeowners fighting foreclosure. Again desperation had driven these homeowners to find an inexpensive attorney who had falsely advertised.
Consumers should double check the identity of anyone they hire or who represent themselves as attorneys. They can see photos of the attorney on the state bar’s website as well as on local county attorney referral sites. Meetings should be at the attorney’s office. An attorney that offers to meet you at a public location or at your home should be a strong indication of a possible fraud. The best way to find a reputable attorney is via a county or state bar attorney referral program.
Some attorneys now have their photo put on their business cards. That’s what attorney Mari Frank did after someone came in and stole multiple copies of her cards. Now no one can use her cards to impersonate her.
