It may be a long time since you were worried about monsters hiding under the bed, but there is a monster you should be worried about—and it is hiding right in your emails. Emailed invitations to scams, targeting lawyers in particular, have been on the rise for the past several years. State bars throughout the nation have warned attorneys of the need to be vigilant in responding to email solicitations. In fact, in its August 2015 Attorney E-Newsletter, the Pennsylvania Office of Disciplinary Counsel provided a link to an American Bar Association ethics tip that outlined a new and sophisticated scam that has been used to victimize lawyers (see goo.gl/1zkRy2). For lawyers, the danger is manifold, as our clients are also threatened by attacks on our trust accounts.

The scam begins with a facially legitimate email requesting services in a variety of cases, though primarily in matrimonial, contracts, or collection cases where large sums of money are owed. Whatever the substantive context, the services themselves require the collection of a substantial sum. Be aware that the scammers have moved past the Nigerian royalty ploy and now create businesses, complete with websites and contact information, or use the identities of businesses that have recently closed and still have websites and identity trails available. Engagement letters and retainer agreements are signed and exchanged. The lawyer's services are either a percentage of the amount collected or a flat fee, the majority of which will be paid after the debt is collected.

Before much time passes and the lawyer starts to do actual work, the lawyer is either told that the case is settled or the counterparty settles quickly and a check is delivered. That check is intended to be deposited in the lawyer's trust account. The check will not be drawn on a local bank, but the bank will be verified by a telephone number on the check or provided by the client. The lawyer is instructed to negotiate the check through the trust account, remove his fee, and then wire the balance according to the client's directions. The lawyer will learn that the check has “cleared” within a few days. However, it may take weeks, or even longer for a good forgery to reveal itself. The most important precaution to take is not to distribute funds until you learn from your bank that the check has been honored and the funds collected, which is different than “clearing.”