I wanted to believe that out-of-state email looking for an attorney for a collection matter; am I covered now that I discovered the check I deposited into my IOLTA was fraudulent and client funds were paid to satisfy the check I wrote?
Come on, this scam has been around for a while! You have received how many emails from Gretchen Mote warning you about these? 300? Why would someone in China contact you to do little to no work in collecting a debt for a significant attorney fee? I promise you that your website is not that effective. (Laughing with you, not at you – smile!)
As a practice tip, do your due diligence when considering new work. Contact the debtor or the company who allegedly owes or is owed the debt using independent contact information. Give all deposited funds at least TEN (10) days before issuing disbursements out of your account and make sure your bank has actually received the funds. Be upfront with the purported client that you need to wait before wiring the funds. Ohio Disciplinary Counsel will be looking to you when the check bounces and overdraws your IOLTA.
As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.