In the digital age, it’s easier than ever to find services online. Freelancer websites are an excellent place to hire professionals for various tasks, but there’s a growing concern among those seeking legal services: fraudulent individuals pretending to be licensed lawyers. This is particularly true for individuals outside the United States who take advantage of the online space to deceive people into using their services.
One of the most common practices for these scammers is offering legal services, particularly in the realm of intellectual property (IP) law. While some people may be seeking advice on trademarks, patents, or copyrights, they may unknowingly hire someone who has stolen the credentials of a legitimate lawyer to provide these services. In this post, we’ll dive into the dangers of these fraudulent lawyers, how they operate, and what to do if you’ve been affected by their deceit.
How Fraudulent Lawyers Operate Online
With the power of the internet, anyone can claim to be a lawyer—even if they aren’t. Many of these fraudulent individuals are located outside the United States, often in countries where regulation and oversight of legal services are less stringent. They know how to exploit gaps in the system, using freelancer websites or online legal marketplaces to advertise themselves as legal professionals specializing in areas like IP law.
Why IP law? It’s a growing field, and the process of filing for a trademark, patent, or copyright with the U.S. Patent and Trademark Office (USPTO) is complex. Unfortunately, it’s also an area where non-lawyers can easily slip through the cracks. While certain types of legal work require a licensed attorney, there’s an odd loophole that allows individuals to file with the USPTO without a lawyer if they claim to be representing themselves or a client. This is where fraudsters exploit the system.
They may offer services like trademark registration, patent filings, or copyright applications at seemingly affordable rates, attracting potential clients who are eager to get their intellectual property protected. These scam artists often claim they have the expertise and experience to navigate the USPTO's intricate processes, making them appear legitimate. However, their real goal is not to help you protect your ideas but to steal your money and potentially ruin your chances at intellectual property protection.
Red Flags to Watch Out For
It’s important to stay vigilant when hiring anyone online, especially for legal services. Some red flags to look out for when hiring a so-called “lawyer” include:
- Unverifiable Credentials: One of the most common tactics these fraudsters use is presenting fake credentials. They may have stolen a lawyer's name or their state bar registration number and display it on their website or online profile. If you can’t verify their credentials through official channels, proceed with caution.
- Too Good to Be True Pricing: If the pricing for legal services seems too good to be true, it probably is. Legitimate lawyers and law firms often have set rates based on experience and the complexity of the case. Extremely low fees are a huge warning sign.
- Vague or Non-Existent Contact Information: If the person you're considering hiring doesn’t have a clear, professional office address, phone number, or email address, this should raise suspicions. Real lawyers operate out of legitimate offices with proper contact details.
- Pushy or High-Pressure Tactics: Scammers will often pressure you to act quickly, warning you that your trademark or patent may be at risk or that you need to sign an agreement right away. A legitimate lawyer will take the time to explain your options and answer your questions thoroughly.
- Lack of Communication: Once you've hired them, if communication becomes difficult or non-existent, that’s a red flag. Fraudulent individuals tend to avoid direct contact and will often disappear once the money is paid.
What Happens When You Use a Fraudulent Lawyer
So, what happens if you've already used a fraudulent lawyer for your trademark, patent, or copyright application? Unfortunately, the results can be devastating.
The most immediate consequence is that your application could be rejected or delayed. The USPTO is thorough in its review process, and if a non-lawyer has filed your application, it may not meet the necessary legal requirements, resulting in a denial.
In some cases, if the fraud is discovered after the fact, it could even lead to legal consequences for you as the client. While the fraudster will likely face the majority of the consequences, there could be complications down the line that affect your intellectual property rights.
What To Do If You’ve Been Affected
If you’ve used a fraudulent lawyer to file your intellectual property application and have been denied, don’t panic. There are steps you can take to recover.
The first step is to reach out for a consultation with a licensed, experienced attorney. A qualified lawyer can assess the situation and help you re-file your trademark, patent, or copyright application properly. They can ensure that all legal requirements are met and guide you through the entire process with transparency and professionalism.
Here at Patent.org, we specialize in helping clients navigate the complexities of intellectual property law. If you’ve been denied due to using a non-lawyer to file your application, we can help. Don’t let a fraudulent service cost you your intellectual property rights. Contact us for a consultation, and we’ll ensure that your rights are properly protected moving forward.
Final Thoughts
The rise of digital fraudsters in the legal space is a serious issue, and the consequences for falling victim to their scams can be severe. Always verify the credentials of anyone offering legal services, especially when hiring through freelancer websites. And if you’ve been affected by a fraudulent lawyer, remember you don’t have to go it alone—qualified professionals are here to help.