Archive for the ‘Financial Management’ Category

SC Law Firm Loses $390k in Bogus Check Scam

Thursday, September 9th, 2010

Lawyers continue to fall victim to check fraud.  Smart lawyers.  Don’t be one of them.   My peers from various U.S. state bars and Canadian provinces are reporting that their members are regularly receiving invitations to become the next victim.  Right now collaborative law attorneys are targeted.  But that can change in a heartbeat to virtually any practice area.  These are well-designed socially engineered schemes with fake bank cashier checks which are of very high quality.  Read more about it in a recent post on the “Avoid a Claim” Blog of PracticePro, the professional liability insurer for  Ontario Canada.

Remember, if the deal seems too good to be true, e.g. you’re about to earn a huge fee for virtually no work from an unknown client, step back, take a deep breath, and check very carefully before disbursing any money from your trust account. 

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PCI Compliance for Firms Which Accept Credit Card Payments

Tuesday, July 6th, 2010

Does your firm allow or require clients to pay by credit card?  If so, you want to make sure you’re meeting the requirements created by recent federal legislation regarding credit card companies.  The new standards apply to anyone who accepts credit cards, including lawyers and law firms.  Montgomery County attorney Deborah Zitomer has generously allowed me to share her explanation regarding this topic, which is as follows:

 The person who manages my credit card payments told me that the compliance is a new requirement under the recently passed federal legislation regarding credit card companies.  If you take credit cards, you need to be in compliance with the credit card company’s standards and regulations or they can refuse to process payments for you, or can fine you. The standards apply to anyone who accepts credit cards for payments, so lawyers and firms need to be compliant!

Below is an excerpt about compliance and standards for those who accept credit cards as part of their practice.  You can also take a look at the website for PCI.

The major credit card issuers created PCI (Payment Card Industry) compliance standards to protect personal information and ensure security when transactions are processed using a payment card.   All members of the payment card industry (financial institutions, credit card companies and merchants) must comply with these standards if they want to accept credit cards.  Failure to meet compliance standards can result in fines from credit card companies and banks, and even the loss of the ability to process credit cards.

There are six categories of PCI standards that must be met in order for a retailer to be deemed compliant.

1.   Maintain a secure network

 

This standard refers to the actual network that cardholder data resides upon. In the case of an online business, the most obvious vulnerability for this standard is the web server. Luckily, most hosting companies take responsibility for ensuring the security of their networks. However, there is more to this standard than meets the eye.  Do you keep cardholder data (even just names) on a laptop that you use on public networks?  Does your office network have a firewall installed and reasonable security measures in place?

In short, whenever any personal information about a cardholder is stored on a computer (which is also connected to a network), that computer should be behind a firewall and all reasonable measures should be taken to protect that particular network.

2.    Protect Cardholder Data

 

This category focuses on how cardholder data is stored and transmitted. Business owners that choose to store cardholder information have an obligation to protect that data. Protecting information means that not everyone can have access that it. Businesses that store actual credit card numbers will often store them as encrypted data, so that even if someone got access to the database they still could not decipher the information in it.

E-commerce businesses need to be especially attentive to the way that cardholder data is transmitted. When a customer makes a purchase on a website, his/her cardholder information is sent across the Internet. During that transmission, cardholder data must be encrypted with at least a 128 bit SSL certificate in order to meet this standard.

3.   Maintain a Vulnerability Management Program

 

This one is relatively simple, and translates to keeping up-to-date with your protection systems. Vulnerability exposure can be minimized by regularly updating computer hardware, operating systems and software. Keeping up-to-date anti-virus software, as well as running regular virus scans, is another requirement to meet this standard if your systems are susceptible to such vulnerabilities.

4.  Implement Strong Access Control Measures

The most exploited breach in security is the human element, which is harder to protect. Part of meeting PCI compliance means limiting access to cardholder data to only those persons that need to use it. In addition to restricting physical access to cardholder information, business owners are also responsible for assigning a unique identification to each person that does have access.

5.  Regularly Monitor and Test Networks

Networks that store cardholder data must be monitored and tested regularly. Regular scans of security measures and processes, and  monitoring and tracking of network access to cardholder data are required to satisfy this standard. Consider signing up for a security testing and auditing service, such as ScanAlert’s Hacker Safe program, which can help you to identify and fix potential security problems as they arise.

6.  Maintain an Information Security Policy

Considering that humans are generally the easiest part of a system to hack, and also that ignorance does not relieve liability, it’s important to draft and implement a company-wide information security policy. Make sure that your employees know and understand their responsibilities with regards to cardholder data before it becomes an issue.

The first step in PCI compliance is to meet the above standards.  Credit card companies and financial institutions validate that vendors are abiding by the regulations, giving them ratings based on their volume of transactions. The rating that a company receives determines the process that they must go through in order to be validated.

Deborah promises to take a closer look at the four validation ratings in the future, and when she does, she will hopefully allow me to share them as well.

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Another Attorney Trust Account Hit By Online Fraud

Thursday, June 10th, 2010

Wow, I can’t believe it’s been more than two months since I’ve had a chance to post to the blog.  I want to thank those subscribers who wrote to me to inquire whether I was still alive and well, given my online absence.  Yes, I’m fine.  I’ve just been on the road a lot more than usual.

Is it coincidence that the last post concerned a fraud attempt upon an Oregon attorney, and I’m following up with another?  I don’t think so. 

The Florida attorney had her trust account hit for a significant sum.  She was willing to engage in online banking thinking that the several layers of security provided by the bank itself would be sufficient to protect her accounts.  What she did not take into consideration was the very real possibility and threat of scumware (a/k/a spyware) being installed on her computer — coming in hidden in an email — capturing her logon ID and passwords, which the criminals then used to access and make wire transfers out of her trust account.  The actual implementation of the transactions were done surreptitiously through her computer, so that the computer’s ID identification (e.g. IP address) would match that which the bank’s system recognized as legitimate. 

You should read this story which appeared in the June 15, 2010 edition of The Florida Bar News.  If you’re presently doing online banking, it will certainly give you pause.  It will also give  you some food for thought about how to tighten security.  I noticed that the victimized attorney stated she had anti-virus software, but did not acknowledge having anti-spyware software.  And that’s the culprit that breached her security. 

Anti-virus software alone isn’t sufficient protection.  It’s like brushing your teeth but never using dental floss or mouth wash.  Your dentist will tell you that the combination is what provides maximum protection.  Similarly, your firm should utilize a firewall, anti-virus and anti-spyware software, and should keep all up to date.

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More on Lawyers as Fraud Victims . . . With a Twist

Saturday, March 20th, 2010

It’s getting harder to keep track of the many frauds which are impacting lawyer practices.   You certainly have to remain vigilant.  I’ve just been informed of a new scheme.

 This fraud alert is just in from Oregon. It seems a fraudster has appropriated an attorney’s name, firm name, phone number, and address and then has debited 3 different bank accounts of individuals in different states with $10 debits purportedly from her.

 The FTC advised the attorney that the $10 charges are test charges to see if the bank account holder is alert. The fraudster then would clean out the bank account of anyone not paying attention. The attorney found out about the charges when she was called by the individuals wanting to know what her debit was for. 

 Since the attorney is not herself a victim of theft, she was told nothing can be done on an official basis to protect herself.  Likewise, the local police cannot assist because the financial victims are out of state.   Of course, the attorney is concerned about damage to her reputation, and the time and expense of dealing with all the issues which may crop up until her identity can be secured once again.

 It seems that taking all the necessary steps to further protect herself from this identity theft is about the only avenue to pursue for this lawyer.  At least thus far.  For some excellent information on how to deal with identity theft, check out the information on the web site of the FTC.

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Did Michigan Attorney Watch One Too Many Episodes of LA Law?

Monday, December 7th, 2009

In a disciplinary case which could have been ripped right out of an episode of  the old TV sitcom “LA Law,”  a Michigan attorney was suspended from practice for 180 days after a string of sensational allegations, including that he offered clients a “couch of restitution” to pay off their legal fees.

 

On Nov. 23, the Michigan Attorney Discipline Board affirmed findings of misconduct and imposed the 180-day sanction, which the Board feels ensures sufficient time so that the lawyer being sanctioned will have to undergo fitness proceedings before being reinstated.

 

“Taking into consideration the range of professional misconduct in this case, we conclude that protection of the public, the courts and the profession requires that respondent be suspended for a sufficient period of time to ensure that he is not permitted to resume his standing as a member of the profession unless he is able to establish his fitness by clear and convincing evidence,” the opinion states.

 

It seems the attorney’s secretary was oblivious to his actions, according to her testimony.  But I rather doubt it.  As I think back on some of the more sensational headlines of the past few decades regarding cases of sexual misconduct, harassment, and so forth, what we usually find is a rather blatant pattern of behavior which is routinely ignored or even covered up by the offending party’s partners or coworkers. 

 

The time has come for firms to up their vigilance and work doubly hard to restore the ethical image of the profession.  See the article I wrote in June, 2007 entitled “Living With Integrity” in which I discuss this very issue.  Then ask what steps your firm has taken in the past few years to ensure it is doing all it can to practice with the highest level of integrity. 

 

It’s particularly important to revisit this now.  Why?  History tells us that when the economy is troubled and law firms are struggling for survival, short term profit improvement often outweighs ethical considerations.  It’s just so easy to justify a ride down the slippery slope when the firm’s very survival seems to be at stake.  Unfortunately, integrity is not something we can incorporate into our lives only when the bottom line is healthy and the economy is strong.  In fact, it’s the very manner in which one chooses to deal with difficult times that determines strength of character and organizational integrity.

 

Think about it.  It won’t make you rich.  But you will be a better person for it.

 

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Planning Your 2010 Budget for Postage

Friday, October 16th, 2009

During these tight economic times, it seems everyone is going over their budget for 2010 with a magnifying glass.  What should you plan for in postage increases?

Many of you will be relieved to know that Postmaster General John E. (Jack) Potter made a definitive announcement regarding 2010 rates for First Class Mail, Periodicals, Standard Mail and Parcel Post.  There will be no increase for these services in 2010.

Competitive products, such as Priority Mail, Express Mail, Parcel Select, and most international products – are under consideration for an increase.  An announcement is anticipated in November.

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Online Banking and the Next Generation of Trojans

Thursday, October 1st, 2009

A news report which posted on September 29, 2009 on CNet News revealed what security experts referred to as the “next generation” of banking Trojan.  The bank Trojan, dubbed URLZone, has features designed to thwart fraud detection systems which are triggered by unusual transactions. 

The software is programmed to calculate on-the-fly how much money to steal from an account based on how much money is available.   While the computer user goes about his or her business on the banking site, the Trojan looks at the available balance and figures out how much money to steal. The Trojan is given a minimum and a maximum range that is below the amount that triggers antifraud systems, and to leave a certain percentage in the account.

After performing the calculation, the Trojan then makes the transaction, communicating with the bank site through the browser without the computer user knowing.  the Trojan hides the theft by erasing it from the report of account activity displayed to the computer user and shows a fake balance–what the amount would be if not for the theft. The victim will not notice something is wrong until a different, uncompromised computer is used to access the account, an ATM is used, or a transaction is denied because of insufficient funds.

Think you’re safe if you use a browser other than Internet Explorer?  Think again.  It exploits a hole in Firefox, Internet Explorer 6, IE7, IE8, and Opera.  The Trojan can come via a number of avenues, including malicious JavaScript or an Adobe PDF, or visiting an infected site.  About 90,000 computers visited the sites housing the malware and 6,400 of them were infected: a 7.5 percent success rate. Of those whose computers installed the Trojan, a few hundred had money stolen from their bank accounts.

The good news — for now — is that the Trojan was designed to target customers of unnamed German banks.  But this new level of sophistication will definitely be showing up again.  This is the first reported Trojan that hijacks a victim’s browser session, steals the money while the victim is doing online banking, and then covers its tracks by modifying information displayed to the victim, all in real time.  The Trojan also keeps a log of the victim’s bank account log in credentials, takes screenshots, and snoops on the user’s other Web accounts, such as PayPal, Facebook, and Gmail.

What defense do you have?  Keep your antivirus, operating system, browser and other software up to date, meaning be sure to install all security patches.  Be careful about visiting unknown web sites, which are sometimes designed to infect visitors.  Even legitimate sites might be an unknowing host to a nasty payload.

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Older Workers Delaying Retirement

Wednesday, March 18th, 2009

While the economic crisis is being felt by nearly every segment of the working population, one group of workers is faced with particularly tough decisions regarding their futures. Law firms need to be prepared to assist them in making a transition during challenging times. Six-in-ten workers (60 percent) over the age of 60 say they are putting off their retirement due to the impact of the U.S. financial crisis on their long-term savings, according to a survey by CareerBuilder

 

 The survey was conducted online within the U.S. by Harris Interactive on behalf of CareerBuilder, among more than 8,000 workers between November 12 and December 1, 2008. 

 

 Depleted savings accounts due to the economic downshift are causing older workers to stay in the workforce longer to make up for their losses.  One-in-ten workers (11 percent) over the age of 60 who are putting off retirement say that the decrease to their savings may now cause them to never retire, while 73 percent think it will take them up to 6 years of extra work to recoup their lost savings. Nearly a quarter (24 percent) feel they can make their money back by working an additional year or two.

 

 “Mature workers may be feeling the pinch of this difficult economy more than others because of their impending plans for retirement,” said Jason Ferrara, Senior Career Advisor at CareerBuilder. “Mature workers who are returning to the workforce to offset their retirement losses will likely encounter many of the same challenges that workers of any age are facing today. However, their level of knowledge and experience and network of professional contacts will work to their advantage in a competitive job market.”

 

 CareerBuilder’s job site for mature workers, offers tips for navigating through a difficult economy.  While some of the advice is applicable, especially for support staff, it is not of much assistance to law firm partners.   Here are the problems your firm may face:

 

 

 1.   Partners who are unwilling to transition their clients. 

Unless your firm has a mandatory retirement age you may find that senior partners are holding onto their clients in an effort to remain relevant at the firm and buoy earnings.  This will be particularly true in firms which utilize a formula-based compensation system which promotes an “eat-what-you-kill” system. 

When there is no strategy in place to transition clients to the next generation, the firm remains particularly vulnerable to loss caused by death, departure, or disability of the relationship partner.

 2.   Young turks who grow impatient waiting for their turn at managing and leading the firm. 

Not only may your senior partners refuse to transition clients, but they may fear losing their relative position of  power and becoming irrelevant to the future direction of the firm.  No one wants to feel irrelevant.  This concern becomes particularly troublesome for the aging partner. 

The impact and resulting tension on the next generation is palpable, as those who have waited patiently grow increasingly dissatisfied and disillusioned about their own opportunities to lead based on their vision.

3.   An inability to expand personal networks for the turks. 

When the senior partner does not transition clients, they oft-times do not open their networks to cross-marketing by younger partners.  Instead of the next generation being empowered to grow those relationships further, they are constrained.  Everywhere they seem to turn, networking efforts hit the wall of some existing relationships, and resulting business seems to fall into someone else’s compensation bucket. 

What should your firm be doing?  How can it help? 

 

1.  Create a vital role your senior partners can fill so they do not feel irrelevant.

 

Smart firms make their senior partners ambassadors for the firm in the community-at-large and with existing clients.  They are responsible to survey the firm’s key clients and provide valuable feedback regarding satisfaction with the firm’s services.  They are also charged with helping younger partners identify targeted prospects, and using their own networks to help younger partners build bridges to reach their targets.

 

 2.  Create a compensation system which rewards the transition of clients, and of continued rainmaking, but discourages actually doing the work. 

 

 In order to eliminate hoarding, you have to enable your senior partners to continue to earn a reasonable living even though they are passing along the work to the next generation.  There should be a defined point in time when actually doing the work, instead of passing it along, starts to negatively impact earnings.

 

 3.   Reevaluate your retirement plan(s) to ensure you are maximizing investment opportunities. 

 

 Of course, no one appears to be making money in today’s marketplace.  And we get the feeling that further investments are like flushing cash down the toilet.  But there are some bargains to be had, and strategies which will help ones portfolio bounce back quicker when the market turns around.  And we know from past history that eventually it will turn around.

 

 If your retirement plans only invest in conservative money market funds, you may want to reconsider that investment strategy now. 

 

 4.  Eliminate forced early retirement. 

 This may seem counter-intuitive.  Too many senior partners are being forced out of firms when they still have a lot to offer.  One doesn’t become useless with the turn of a page on the calendar.  Most are not ready to become irrelevant, or move on to a different phase of their lives.  The result can be costly for the firm which casts them out, when the senior sets up shop and takes existing work with them.

Find other ways to keep your seniors engaged and vested in the future and continued success of the firm.  With a little creative thought you can craft a new role, and reduce the operating expense required to support them in the process.

These are just a few thoughts which were prompted by the survey results.  There’s no doubt that the extended downturn in the economy will impact most Americans.  For those aged 60 and above, the impact is immediate, and needs careful thought and action on the part of law firms.

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FDIC Announces Inclusion of IOLTA in Unlimited Deposit Insurance

Tuesday, December 16th, 2008

Admittedly my most recent post about FDIC insurance limits and IOLTA accounts was overdue. This one is as timely as it gets, folks. In a statement posted to the ABA site today, President H. Thomas Wells Jr. announced and applauded today’s FDIC decision.

We applaud the Federal Deposit Insurance Corporation for clarifying the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. Consistent with its mission to ensure stability in the banking community, the FDIC has acted to protect client funds and assure continued funding for programs that provide legal aid to poor people when economic uncertainties make the need for legal guidance most critical.

As a result of today’s FDIC action, an individual client’s funds deposited in IOLTA are fully insured regardless of the amount.

The ABA, working with state and local bar associations and individual lawyers nationwide, made a persuasive case to the FDIC why IOLTA funds must be included in the expanded insurance program. Had the FDIC failed to expand full coverage for IOLTA, lawyers would have had to consider abandoning IOLTA for fully insured non interest bearing accounts or moving IOLTA funds from community banks to the larger “too big to fail” banks. Abandoning IOLTA would have been catastrophic for IOLTA programs in all 50 states, which provide funding for legal aid for the poor. Moving the accounts to larger banks would have defeated the FDIC’s purpose in creating the TLGP.

The leaders of the House Financial Services Committee and the Senate Banking Committee, more than 20 U.S. senators, members of the House Judiciary Committee and many individual representatives urged the FDIC to include IOLTA in the TLGP. This bipartisan effort by members of Congress, plus the efforts of state government officials, community banks, consumer groups, bar associations and foundations, law firms and individual lawyers nationwide, all emphasized to the FDIC the importance of IOLTA programs as the second largest source of funding for legal services to the poor. With today’s action by the FDIC, IOLTA programs can continue make a real difference in the lives of low-income Americans.

The final rule for the Temporary Liquidity Guarantee Program was approved by the FDIC Board of Directors on November 21, 2008 and is available on their site here. This is certainly a wonderful statement, a solid FDIC decision, and very good news for lawyers and firms nationwide. [Of course, it just wouldn't be me if I didn't point out that the ABA needs a good proofreader in the web support department. :-) ]

Wells is a member of the Alabama State Bar Association. Words of congratulations and a big nod of appreciation were posted in a memo to the members of their bar association. It states, in part:

The support of Alabama’s Senators and Congressmen was also instrumental in gaining protection for client funds in excess of $250,000 held in lawyers’ IOLTA accounts. More than half of the 750 comments the FDIC received regarded IOLTA, proving once again how much lawyers care about access to justice.

Although I haven’t heard anything specific yet, I’m fairly certain that the legislative department of the Pennsylvania Bar Association was key to mobilizing support from Pennsylvania attorneys as well.

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What Happens to Your IOLTA Account If Your Bank Fails?

Friday, November 21st, 2008

Right now there are plenty of lawyers across the nation who are jittery about their client trust funds. With the banking industry looking for another bail-out, and a couple of failures dotting the national landscape, my peers from other state bars are receiving the same steady trickle of queries I am regarding what is insured and what is not. It’s not as simple as it seems, though. A lot has to do with what account your client may have at the same financial institution, what the name on the account is, and what the balance on the account is. In addition, your record-keeping practices can have a positive or highly negative impact on whether all of your IOLTA funds are lumped together as one total, or whether the insurable total is applicable to each individual client’s funds.

Following is some information you may find handy to help you determine whether you need to take additional action, seek information from your clients, or just relax. One thing seems sure — you will probably need to change your intake procedures to ascertain whether clients with cash assets have any accounts at the same financial institution which houses your IOLTA account.

FDIC INSURANCE

For the purpose of FDIC insurance, IOLTA accounts are fiduciary accounts. As such, EACH CLIENT is insured as if the funds were deposited directly by the principal (the client), provided certain requirements are met. Generally, this means each client will be insured up to $100,000 if they have no other deposits held in the same name at that institution. This, obviously, makes a huge difference for the vast majority of IOLTA accounts and is important to point out to nervous attorneys. Visit the FDIC website, which specifically identifies IOLTA accounts for this treatment and provides the other (fairly straightforward) requirements to obtain the increased insurance levels.

BANK SAFETY

The fact that FDIC insurance applies to each client is good. However, there are still a large number of IOLTA accounts that contain individual client funds that exceed $100,000. When possible, the easiest way to increase FDIC insurance is to spread the funds across multiple banks. And in all cases, bank selection is key. A good resource available to determine the safety and soundness of any institution in the country is Veribanc, a bank rating company. Veribanc rates every institution in the US on a quarterly basis using proven metrics with a solid track record over 25 years.

CDARS

CDARS® is the Certificate of Deposit Account Registry Service®. And it’s the most convenient way to enjoy full FDIC insurance on deposits of up to $50 million. With CDARS, you sign one agreement with a participating local bank or other financial institution of your choice, earn one interest rate, and receive one regular statement. More information may be obtained at their web site. I’m not sure that a CDARS account can be an IOLTA account. But when you need to have a very large sum held in trust for one client, PA Rules indicate that you would not put that into IOLTA anyway — in that instance the client should earn the interest by having the money deposited into a separate interest-bearing trust account.

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