What to Do If You Suspect a Scam

• Question yourself and your client.  Ask questions such as:
  • If this is such a powerful and unique opportunity, why was I picked as the lawyer for the project?
  • Where is the seed money coming from?
  • Why can't I meet the powers behind the financial institution or why does my client control all my communications with the alleged powers?
  • How does this investment generate a profit beyond simply generating further investment money?
  • Who are some of the other lawyers that represented this client in the past, and may I contact them? If not, why not?
  • What real legal services am I being asked to perform, and how do they relate to the project?
  • Am I really able to give independent legal advice or give assurances of the nature I am being asked to give?
• Consider whether you need to seek your own counsel before taking further steps or contacting anyone else (e.g., you believe you cannot discuss this without breaching client confidentiality, or you have crossed the line and may now appear to have become involved in the fraud itself).
• If you question your own potentially improper involvement, ask the advice of a trusted lawyer.
• If you suspect a scam, withdraw from acting for the client (see the module Withdrawal of Services to ensure this is done properly and section 3.7 of the Code of Conduct.).  Seek assistance from counsel if necessary, if you have issues with withdrawal and especially so if you have money that has been received from third parties.
• Consider whether you need to make a report to the Professional Liability Reserve Fund.