The Oklahoma Bar Journal December 2024

documents, as associates using the tool have stumbled onto the pay roll and bonus information they were not intended to see. Sometimes, when the firm represents someone with a high profile or the matter is making headlines frequently, it may be wise to restrict information within the firm to those working on the matter. This should not be taken as a sign of any mistrust related to your team, but removing tempta tions can be the best practice. These schemes are fairly easy to recognize because they involve the same elements. A large cashier’s check appears in the office after minimal to no legal work has been done, and it is deposited in the trust account. After a rather convincing exchange of emails and sometimes phone calls, a mir acle happens. The matter resolves quickly – suspiciously quickly, in fact – and the client wants the money and offers you a stunning attorney fee you can keep if you get that money wired out today. When you look at these facts, it is almost certainly a scam. But the client will become indignant and start mentioning the bar associa tion if you don’t wire it out today. Today, the best practice is to do your investigation in advance before accepting the matter. They will send you information refer ring to real companies, but they don’t have the resources to do anything more than send you emails and call you. So, often, a few telephone calls to people or businesses named in the solicita tion email will expose the fraud. Cited cases often do not match the numbering system for the court. CHECK FRAUD AND WIRE FRAUD

CRAFTING AN INCIDENT RESPONSE PLAN The incident response plan will serve your firm well in times of emergency. There are forms online for these plans, which may suggest items for you to cover. But this should not be just completing a form. You need to include your priorities in your plan, with contact information for your insurance company, outside technical assis tance, all staff and maybe even that nearby lawyer who owes you a favor and usually has an empty office or two in their suite. Be sure to store several copies off-site. OBA RESOURCES December is the season for an uptick in fraudulent activity as the holidays approach. The OBA provides an online resource to help you stay vigilant. Visit www.okbar.org/scams to track current and evolving scams. Mr. Calloway is the OBA Management Assistance Program director. Need a quick answer to a tech problem or help solving a management dilemma? Contact him at 405-416-7008, 800-522-8060 or jimc@okbar.org. It’s a free member benefit.

ENDNOTES

1. https://bit.ly/3OaHpzI. 2. https://bit.ly/3YQssb3. 3. Id .

4. Attorney at Work , “Law Firm Cybersecurity Awareness: Training for Employees Has Never Been More Critical,” https://bit.ly/3Z4mrc2.

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THE OKLAHOMA BAR JOURNAL