I first heard the words "complacency precedes disaster" from my brother, who is a commercial airline pilot. When I asked him about it, he explained that industry experience was that no amount of training or education could would stop people from making simple errors with profound consequences when things get routine, guards are dropped and safety protocols are ignored. While a crash, either actual or narrowly avoided, will sharpen folks' attention, their level of care and attention will inevitably begin to wane after a while. Then bad things will happen. It's the same for us lawyers. From what I hear, it's epidemic right now.

The day I get up and don't find an e-mail in my in-box from a potential client, often through AVVO or some other lawyer finder asking me if I do breach of contract or collection cases, will be the first day. After lunch, I'll often get another one or two. These scams involve sending you a counterfeit check, either as a retainer, or in settlement of some claim you just sent a demand letter about. The checks are 100% mimics of valid checks of real businesses and institutions, so it's not easy to figure out whether they're legit or not. They'll clear your bank alright, but they'll be reversed weeks or months later when their real nature is discovered. Meantime, you've either refunded the unearned fee ("case settled, take 20% for your trouble and send me back the rest") or deducted your fee and sent the proceeds to your bogus client. Because these transactions went through your IOLTA account, the reversal will either cause your account to be overdrawn or other clients' money being used to pay the losses.