Legal Advice Counsel

[Lawbird Lawyer]

Dear Sir/Madam,

Further to your query, we’ve never heard of this law firm you mention, Legal Advice Counsel, located in Marbella.

Spanish Law firms never cold call people, ever.

Every time we phone someone it's because that person has previously submitted to our law firm a legal query.

This begs the question as to how they obtained your personal contact details in the first place. Spain forbids selling this type of sensitive information in compliance with Spain's Data Protection Act.

It's ironic how they themselves invoke the Data Protection Act when it benefits them, so as to discourage new potential clients from requesting referrals from prior clients they may have had, very bizarre.

It's also striking how they mention they "offer free, impartial advice to victims of fraud..." and yet on the following page they write "our (legal) team strive to ensure that nothing about the process is daunting or off-putting in any way - including the cost". So, is their legal service free or do they charge for it?

After checking their website, they label themselves as a “legal firm�, not as a “law firm� as you happen to mention in your query.

Quoting their website:

http://legaladvicecounsel.com/


"Legal Advice Counsel is a legal firm, with an office in Marbella."
"Dedicated legal services for UK residents"

Any firm is legal by its very own nature on being incorporated. So writing that they are a “legal firm� means nothing, other than misleading people into thinking they are an established law firm in Marbella run -presumably- by qualified and registered Spanish lawyers. A “legal firm� could be anything ranging from a grocery to a flower shop. A firm is just another synonym to name a “company� or “business".

Bottom line, a legal firm does not equate to a law firm.

From the Oxford English Dictionary:

firm

• noun a company or business partnership.

Moreover, having checked the date they set-up their website it dates from the 28th April 2009. Hardly a long track record, 30 days.

Whois Server Version 2.0

Tu petición es "legaladvicecounsel.com"

Domain Name: LEGALADVICECOUNSEL.COM
Registrar: TUCOWS INC.
Whois Server: whois.tucows.com
Referral URL: http://domainhelp.opensrs.net
Name Server: NS.123-REG.CO.UK
Name Server: NS2.123-REG.CO.UK
Status: clientTransferProhibited
Status: clientUpdateProhibited
Updated Date: 28-apr-2009
Creation Date: 28-apr-2009
Expiration Date: 28-apr-2011


We have checked on the only person that appears mentioned on the website: Mrs Tara Hamilton. She identifies herself as a �Senior Legal Adviser�.

“Senior legal advisor� doesn’t mean anything in Spain; she’s probably just a paralegal and not a Spanish qualified registered lawyer. A paralegal usually doesn’t have any legal background. They most certainly cannot advice on legal matters in Spain.

In fact, in Spain we don’t even employ paralegals in law firms, unlike in the U.K.

I’ve also confirmed with Spain’s Solicitors’ database that the above mentioned person is not a registered lawyer in Spain either.

The website just mentions they work alongside lawyers but doesn’t mention any solicitors' names or law firms.

I leave you to draw your own conclusions.

You may want to read the following articles:

1. Careful with Scammers Posing as Spanish Lawyers - 18th March 2009

2. 9 Tips on How to Determine if an Offer is a Scam- 17th October 2008



We are receiving a dozen queries every day asking about the legitimacy of certain offer, generally received by email or over the phone after a cold call. Unfortunately, we cannot analyze case by case, and therefore will provide a set of useful hints which will help you evaluate the legitimacy of the company or individual yourself.

The list below is provided in no particular order:

1. Is the domain name old enough? By means of a Whois search you can find out when the domain name was registered. If it’s only a few weeks old, be suspicious.

2. Are they using mobiles? – If the phones used as contact numbers are mobile numbers instead of land lines, it’s definitely not a good sign. In Spain, mobile numbers start by +34 6..

3. Have you been contacted out of the blue? – If you where cold called, or received an email from someone you don’t know, ask yourself why these people have your contact details.

4. Are you being requested to pay money upfront? This is the single most worrying point if it comes in conjunction of with one or more of the above.

5. Are they requesting you a money transfer through Western Union or similar?

6. Is the offer too good to be true? If the offer sounds too good to be true, it probably is.

7. Is the company properly registered? – Although it’s something positive if they can provide you with company registration details, you shouldn’t give this point too much importance. Fraudsters have been registering companies for decades with the sole purpose of deceiving (e.g. dozens of companies where incorporated by fraudsters to conduct the infamous Timeshare Resale Scam)

8. Is the address for their offices correct? – Not sure why, fraudsters tend to provide you with fake addresses which don’t really exist. Check any of the online street directories and find out if the address provided is correct.

9. Something strange about their names? Funny names such as “Woley Fernandez� or “Barrister Perez Santos ESQ� are names made up by Nigerians conducting 419 advance fee scams (the terms “Barrister� or “ESQ� don’t exist in Spanish law). Also, fraudsters tend to cite fake organisms such as “The Ministry of Finance� or “The Security Company�.

10. What others are saying – Use search engines to find information about the company. Try putting the company in inverted comas, and add terms like “scam� or “fraud�. The company or individual you mention might have already been reported online as fraudsters by other people.

Needless to say, the above list shouldn’t be taken as definitive, nor the absolute legitimacy o illegitimacy of a company established based on one or more of the above points. You can use it, however, to personally evaluate the risk of the transaction.

My recommendation is that you never pay any moneys upfront if you have been contacted out of the blue. However, if you have to, before doing so always suggest the use of an escrow company (chosen by you) to hold the funds until the product or service has been delivered. If they refuse, I recommend that you back off.

Always remember; have a lawyer analyze the transaction before making any up-front payments.