Re: Spring 2016 | Page 81

not send any financial information in an unprotected email, which could result in it being intercepted by fraudsters. Equally, it is important for lawyers to remind clients that their account details are not going to alter during the course of a transaction. Many firms are also reviewing their processes with a view to ensuring that any account details received are in fact verified as being genuine with the client. Other means of correspondence are being used to make these checks. The timing of certain parts of the transaction are also being tweaked, for example, account details are now being verified right at the outset of the transaction, rather than the traditional “just before” exchange and completion. Conveyancing firms are also reviewing their anti-virus products and ensuring that the latest versions are being used with a view to preventing this new wave of fraud. Using the Lender Exchange (a secure portal that provides law firms with the mechanism to exchange information with lenders in conjunction with the management of their conveyancing panels) can also prevent fraud in mortgage completions, whereby the system provides a product that can be used to check that the seller’s conveyancer’s client account matches that which is held on the database system. This method of authenticating bank accounts and confirming their legitimacy has increased security. New schemes are hitting the market to protect buyers and conveyancers and it is now not unheard of for some lenders to make it a requirement for firms to be registered with a “safe scheme” in order to remain on the panel. This way, lenders are able to demonstrate that they are taking action against fraud and doing everything possible to mitigate exposure of fraud to their clients by only using panel of conveyancers. What this means for firms is registering with a product to ensure that lines of electronic communication are safe Of course, email encryption and safe schemes will not prevent fraud entirely, they need to be used appropriately and if password codes are used for clients and lawyers to decrypt messages, then these need to be kept securely. Likewise, clients using personal computers without the adequate virus protection will also be at significant risk. The software may not be available for hand-held devices and using the code on different computers will increase the risk of cyber fraud. Until firms can ensure that there is a failsafe product or system that can be used on a broad scale within the profession that can be relied upon, conveyancers must demonstrate that they have acted in accordance with best practice and that they are taking all reasonable steps to protect clients. Clients alike must remain vigilant to this scam and other property transaction crime and almost certainly take on board together with professionals a multifaceted set of precautions such as: -F  ace-to-face is the most secure way of communicating sensitive information; -D  o not sent bank details by email, either in the body of an email or as an attachment (as key words in attachments can only be picked up on hacker’s programs); -D  iscuss current issues/scams with your clients and make them aware, alert them to the safeguards and reassure them that you will not be changing your account details in the last-minute. Regrettably, we are living a climate where lawyers are having to undertake enhanced due diligence in order to protect and mitigate risk to the firm and to clients and are ever having to remain guarded as to what the next new scam will be, so lets all be prepared. By Sylvia Garcia 81