Avoiding Legal Fraud and Finding Qualified Representation is Now Easier in California
The State Bar of California’s Public Trust Liaison Enrique Zuniga seeks to create awareness about how the public can avoid legal fraud and scams
Los Angeles native Enrique Zuniga officially began working as the State Bar’s first-ever Public Trust Liaison in January of this year. Public Trust Liaison duties include ensuring that members of the public, applicants for admission, legal consumers, attorneys, and other constituents can meaningfully voice their complaints about State Bar action or inaction and receive assistance in having those concerns addressed.
Zuniga and the Public Trust representatives in his office also assist the public by sharing information about steps they can take to avoid legal fraud and scams.
“I’ve heard many stories firsthand and seen the impact that bad actors have had on the public we serve,†said Zuniga. “We want to raise awareness that there are very simple steps people can take so they don’t become victims of legal fraud. And we want to make sure that the public is aware of how to submit a complaint against a bad actor if needed.â€
The public can use the “Look up a Lawyer†feature on the State Bar’s website to check that a California attorney is in good standing, active, and not suspended or disbarred. Consumers can also use this feature to check that the contact information they may have for an attorney matches what is on the State Bar profile. No record of a person as an attorney or a different State Bar number, phone, email, website, or address, are all red flags for possible fraud.
If the public is having problems with a licensed attorney, who, for example, is not responding to their inquiries, missing court deadlines, not providing them an accounting of their case, or not providing them their funds won in court in a timely manner, among other potential violations, they can fill out a complaint form, which is available in multiple languages. The public may also call the State Bar at (800) 843-9053 for assistance. T he State Bar of California’s Office of Chief Trial Counsel also investigates fraud via the Unauthorized Practice of Law. This practice is prevalent in Spanish-speaking communities, where the familiarity with notaries, or “notarios†and their legal abilities in some immigrants’ countries of origin, leads to abuse in California. The recent State Bar seizure of Nubia Esmeralda Burrier’s office, a joint effort with the Los Angeles County District Attorney’s Office, reflected an important enforcement action taken to address this kind of abuse and criminal activity.
Only a licensed attorney can practice law in California. The public can take steps, aided by state agencies, to determine if a lawyer is authorized. What can consumers do to protect themselves from fraudulent actors posing as attorneys?
• Ask for the attorney’s State Bar number.
• Look them up on the State Bar website to see if their license is active and whether they have any history of discipline.
• Check that the address, phone number, email, and website listed in correspondence matches what appears on the attorney’s profile on the State Bar website.
• Call the phone number listed on the attorney’s State Bar profile to make sure you are dealing with the correct attorney.
• Make sure to get your agreement in writing, as well as receipts for payments you make.
• Be wary if someone requires cash payments.
• Keep a paper trail. If you don’t have a bank account, use another monetary option, like a money order or cashier’s check, but be aware that you cannot stop payment on a cashier’s check or money order.
• If you have already made a payment, a California attorney must provide you with an accounting of your bills. Anyone who refuses or neglects to do this is suspect.
• If you believe you have been defrauded by someone posing as an attorney, you may also want to file a complaint with local law enforcement authorities or with federal authorities, such as the Federal Bureau of Investigation (FBI), U.S. Postal Inspection Service (USPIS), or Federal Trade Commission (FTC). The State Bar website (calbar.ca.gov) provides free information for consumers on finding legal help and working with attorneys.