If you have been accused of fraud or are currently being investigated as part of a fraud case, you need to act quickly. Fraud is a potentially serious offense, with consequences that can range from a financial setback to years in prison. As well as the potential consequences of a guilty verdict, even an accusation or investigation can turn your life upside down and damage the reputation of yourself and those close to you.
So, it stands to reason that you should contact a solicitor as soon as possible. A fraud solicitor can fight your corner and mitigate any damage an investigation could cause. If it comes down to it, your solicitor will also build a case in your favour and represent you in court.
In this situation, you trust your solicitor with your finances, your reputation, and potentially your freedom. It is vital, therefore, that you choose the appropriate solicitor for your case.
The law is a complicated and enormous field of study, which means that experts in the law have to undergo a huge amount of training. Every solicitor should have a basic understanding of the law, but this doesn’t mean that every solicitor is appropriate to fight every case.
The law is broken down into many different sections, starting with criminal and civil law. Depending on the offense, fraud can be either a criminal or civil case, but other crimes are only in one bracket or the other. Many family cases, for example, fall under civil law. But crimes like assault are clearly criminal offenses.
These are just a couple of examples, but its already obvious why lawyers have to specialise in certain fields. A family lawyer isn’t equipped to handle a criminal assault case. You need a lawyer who is well-versed and experienced in the relevant law, as well as past cases. Ideally, you also want a lawyer who has worked these cases in the past, so they have demonstrated what they can and can’t do both in and out of the courtroom.
Fraud is a huge umbrella term for a wide variety of offenses in and of itself. As has already been established, fraud can be considered a civil offense, punishable by financial penalties, or a criminal offense, which can result in imprisonment.
Essentially, for something to be considered fraud, it has to involve somehow misrepresenting data to achieve personal gain or to cause harm to another person or organization. If that sounds very vague and generic, that’s because it is.
Let’s break down some of the most common types of fraud.
Bank, credit, and insurance fraud all involve misrepresenting your finances to either get a loan you aren’t eligible for or an insurance payout you shouldn’t have.
Confidence fraud involves misrepresenting yourself or your circumstances to get money out of other people. This might involve certain scams or schemes where you promise that someone can get rich by investing in something, but you instead take the money without any intention of using it for their benefit.
Benefit fraud involves pretending to be eligible for government benefits, such as disability benefits when you’re not disabled.
These are just a few examples of fraud, but they demonstrate the wide range of offenses and potential victims that can be involved. You can commit fraud against a person on the street or the government.
The right solicitor matters because of the wide range of offenses that can be counted as fraud. A general fraud solicitor is by far better than a solicitor with no experience in fraud cases, but ideally, you want someone who has tackled cases that are as similar to yours as possible. This proves that they know how to build a case and fight for you as necessary.
You need a solicitor with the training and experience to guide you through the investigation and ensure that you’re being treated fairly. If things do come down to court, you will be relying entirely on your solicitor, so it stands to reason that you should be able to trust them.
So, don’t be afraid to shop around until you’re happy. A good law firm will be able to link you with the most appropriate solicitor for your needs. Here are some of the skills to look out for, in addition to past experience and training.
Most fraud cases come down to a good understanding of financial law. If you aren’t a solicitor, it might be harder to realise whether someone has this understanding or not, but there are some ways to tell.
First, the qualifications of your solicitor will inform you of their training. Look out for training in finance law and other related fields. It’s also a good idea to ask questions of your solicitor. If someone understands a principle, they should be able to explain it back to you in a simple way.
The track record of your solicitor is one of the first things you should be looking at. This will include past cases whether they have won or not, and you might even be able to get transcripts and further details of the case.
If a solicitor has no track record to speak of, they don’t have the experience you might need. A lost case doesn’t necessarily mean they are bad at their jobs, but look for patterns. If possible, find statements from past clients.
Remember, you need to be able to completely trust your solicitor, so do your research.
As well as a solicitor who is able to build a good case, you need someone who can effectively communicate that case. Every solicitor should have good communication skills as a rule, but it’s important to make sure.
You also need a solicitor who can effectively communicate with you and others who don’t have legal experience. After all, you will be following their advice, so it’s important that you can understand their advice and point of view.