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Ely, Lawyer
Category: US Law
Satisfied Customers: 103502
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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When my mother died she left money in a Trust in the USA to

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When my mother died she left money in a Trust in the USA to me and my 2 siblings. The lawyer acting on our behalf as the Trustee in the USA asked me for my bank account details in the UK to send the money to from the Trust, which I provided him by email. Whilst corresponding with the lawyer my email account was hacked and he was inveigled into sending the money to a bogus account in the UK. He was receiving emails from my account not sent by me but by the fraudster and genuine emails sent by me were being filtered and consequently he did not received them and vice averse! I reported the fraud to the UK police and the bank which the money was paid into. Investigations are ongoing but I have not been told about the status of the money, due to the data protection act, only that the account in question has been frozen.
My question on this matter is about who is a fault here and who is liable for the lost money. Is it me, is it the Trust where the money originated from or is it the lawyer who sent the funds to the wrong account having been inveigled by the fraudster? The lawyer in the USA is stating that the liability falls with me as he states that it was my money, my email account, my phone but I can’t believe this to be the case as he sent the money to the wrong account having been inveigled by a fraudster.
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Customer: replied 2 years ago.
Thank you Nicola. I am content to wait for your response. How much longer will it be?
Mark Stannard
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Thank you for your patience,
Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. This is not a black or white matter, and the Court ultimately decides on a case by case basis. Also, I am going to answer the question based on common law doctrine, but depending on which jurisdiction this matter is ultimately resolved in, jurisdiction-specific laws may apply. 1) The attorney is liable only if they KNEW or SHOULD HAVE KNOWN that your email account was hacked. If the scammers pretended to be you very well, and your attorney could not have known that this was actually not you corresponding with him, then they may be held liable. This may be very tough to prove, because internet scammers are very good at pretending to be other people. 2) If it cannot be shown that the attorney KNEW or SHOULD HAVE KNOWN that the email was compromised, then this would mean the attorney is not at fault, according to common law doctrine. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Ely, Lawyer
Category: US Law
Satisfied Customers: 103502
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other US Law Specialists are ready to help you