Professional practice updates 2013

Professional practice updates September 2013

Family Law Scam - and other Scams (Update)

Electronic missives now a step closer to reality

Family Law Scam - and other Scams (Update)

Following on the Family Law Scam referred to in April 2013 Professional Practice Update, there are some new variations which have come to light, as follows:-

(a) It would appear from new information that the Family Law Scam may not be an attempt to money-launder funds which are actually supplied, but to attempt to obtain funds from the solicitors own client account after a counterfeit cheque from the alleged debtor has been paid into the solicitors client account. It is really a much cruder scam than that originally thought. However members should be alert to both possible "models".

(b) In the Family Law Scam the names Harmony Young and Huan Song have been used as the potential client. However, a useful web search to search names used in various worldwide scams can be found at http://avoidaclaim.com/confirmed-frauds/ using the Search box in the top right had side. Indeed the whole website at http://avoidaclaim.com/ designed for Ontario lawyers is of considerable help as a reference in relation to various "international" fraudulent schemes.

If solicitors suspect they are the target of a scam, they should adopt one or more of the following procedures:-

1. Submit a SAR to SOCA if they have any suspicion regarding a potential or existing client.

2. Email the Law Society at lawscot@lawscot.org.uk to report the matter.

3. Contact Action Fraud at http://www.actionfraud.police.uk/report_fraud to report the scam.


Electronic missives now a step closer to reality

Registers of Scotland has published a consultation on electronic documents and electronic signatures as part of the implementation of the new Land Registration etc. (Scotland) Act 2012. These provisions will amend part of the Requirements of Writing (Scotland) Act 1995.

It is the intention of the Scottish Ministers to introduce these provisions later this year.  When the provisions are in force, they will allow conveyancers to conclude missives electronically. Now is your chance to have your say.

Registers of Scotland invite solicitors to respond to the consultation.

Please take a look at the consultation paper and submit your response by close of consultation on Sunday 29 September 2013.