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US Federal Court Warning & Phishing for Lawyers from Scammers Exploiting Trust Accounts & Legal Transactions

Written by Maria-Diandra Opre | Nov 27, 2024 5:49:56 PM

Lawyers and law firms are increasingly becoming targets of sophisticated scams aimed at trust accounts and financial transactions that exploit the role of lawyers in transferring or collecting money, making real estate, family law, and collection matters particularly vulnerable. 

In early November, the U.S. federal judiciary immediately warned lawyers nationwide about a new phishing scam. 

“Malicious phone calls and emails targeting people and others who interact with the federal courts, instructing them to take action, may lead to people being scammed out of money or personal information.”

Before engaging with the communications, the judiciary has advised attorneys to validate any cases mentioned in these emails through the federal judiciary's official electronic filing system. Also, for those who suspect a scam or are unsure whether an email or communication is legitimate, contact the local federal court Clerk’s Office or the nearest U.S. Marshals Service Office for assistance.

Most of the time, these scams mimic official notifications about electronic court filings in active cases, tricking recipients into visiting malicious websites loaded with computer viruses. The fraudulent emails appear highly convincing, posing as official communications from the federal judiciary. Upon replying to the initial email, recipients receive a follow-up with a link, ostensibly to access a legal document. Instead, the link redirects victims to a malicious website that compromises their systems. "The courts moved quickly to alert the public so people could protect themselves," a spokesperson for the Administrative Office of the U.S. Courts stated, underscoring the urgency of the issue.

There are also some other common tactics. Usually, a lawyer receives an email from a prospective “client” seeking assistance collecting or recovering money. Sometimes, the scammer even goes so far as to sign a fee agreement with the lawyer’s office, adding a veneer of legitimacy. Soon after, the lawyer receives a cashier’s check from the supposed debtor. These counterfeit checks are almost indistinguishable from genuine ones issued by financial institutions. The “client” then pressures the lawyer to wire the funds immediately, authorizing a substantial fee deduction. These funds are often sent overseas, even when the transaction appears domestic at first glance.

A North Carolina law firm learned the hard way how advanced these scams can be. They received an email and a phone call from someone claiming to be an out-of-state seller in a real estate transaction. The supposed seller requested funds be wired to their account on a Friday. By Monday, the firm discovered that the actual seller’s email had been compromised and that the funds had been sent to a hacker’s account. Efforts to reverse the transaction failed, as the hacker had already moved the money.

For lawyers, the consequences of falling for such scams can be severe. Beyond exposing confidential client information, they risk system downtime, reputational damage, and even ethical violations for failing to protect sensitive data. A single click on a malicious link could jeopardize a lawyer’s practice and the privacy and security of their clients’ most sensitive information.