Avoiding Identity Theft is the goal, but if you become a victim… How to get the right help By: Ted Horton-Billard, J.D.

Identity Theft Alert, Identity Theft is on the rise! How can you avoid becoming a victim? If you’re a victim, what can you do? Can someone help you? What resources are available to make sure you’re getting the help you need?

Beware, Identity Theft is on the rise! Sources report every 3.5 seconds someone in the U.S. has their identity stolen; The Government Accounting Office (GAO) reports the IRS saw a 364% increase in identity theft between 2008 and 2010; The IRS uncovered an approx. 245,000 identity theft cases in just 2010 alone; In addition, the FTC received more than 250,000 complaints about identity theft in 2010; The U.S. Congress has asked the IRS and the FTC to do more to prevent Identity Theft; but The best source of prevention is with YOU!

How can you avoid becoming a victim? Understand how identity thieves steal your information; There are a number of ways for these thefts to occur, so remain vigilant; Recognize that every time you give information or receive information there is a chance of becoming a victim.

Avoiding identity theft Experts recommend a number of things you can do to avoid becoming a victim; Understanding how thieves get your information is key; Know what steps you can take to avoid making yourself an easy target.

Understand how thieves get your information. Some of the more common methods for stealing your identity include: 1. Lost or stolen wallets (43%) 2. While conducting a transaction (19%) 3. “Friendly theft” (includes family, friends, and trusted advisors) (13%) 4. Stolen paper (sometimes out of your trash cans) (3%) 5. Online (11%) 6. Data breaches (11%)

A few suggestions for taking steps to avoid theft The IRS will never initiate contact with a taxpayer via email; Learn how to recognize unsecure websites, visit the Federal Trade Commission website for details and familiarize yourself with online scams; Never carry more credit cards than you need and cancel accounts if you don’t use them; Never carry your social security card, and don’t disclose your social security number unless absolutely necessary (i.e. new job, banking or tax purposes); Don’t leave receipts or other documents with personal information behind, and shred them if you don’t want to keep them; When traveling, suspend delivery of newspapers and mail, or ask a trusted family member of friend to retrieve these items daily; Don’t use the same password on multiple sites; Keep a tight hold on your purses and wallets at all times while out shopping; Consider buying an insurance policy which covers identity theft and/or using a company that specializes in protecting your identity; and Keep your home computer protected with current antivirus and antispyware.

If you become a victim, what can you do? Be prepared, have a plan! Immediately report the theft to the appropriate entities (banks, credit card companies, insurance companies, police, IRS, Franchise Tax Board, etc.); The IRS has an Identity Protection Unit which you may call at (800) 908-4490 Consider getting help, depending on the circumstances.

Getting help depending on the circumstances. The circumstances will dictate whether you need some help dealing with an identity theft; You may already have insurance for the event; The theft may have been discovered early before any real damage occurred; But, if you need help there are legal services available to deal with the aftermath of an identity theft.

Finding a lawyer to help If you decide to hire a lawyer, how do you make sure you’re hiring the right person? Do your home work; California has more than 160,000 lawyers so you should be able to find the right one if you know where to look; There are numerous ways to find lawyers, pick a method that works best for you.

Some of the ways to locate lawyers Some of the ways to locate lawyers include: Referrals (from family, friends, other lawyers); State Bar-certified lawyer referral services (see www.calbar.ca.gov/lrs); Yellow pages or telephone directories; Internet/television ads (sometimes lawyers join together and advertise their services as a group); Non-profit public interest organizations (i.e. ACLU); or Legal insurance plans. Go to the California State Bar’s website (http://www.calbar.ca.gov/) and get a free publication about how to find the right lawyer.

Finding the right lawyer Interview several lawyers before making a decision (make sure there is no consultation fee, in advance); Look at the State Bar’s website to see if the lawyer has been disciplined, is in good standing, and to get some information about the lawyer’s background; Know what questions to ask and do your homework.

Some questions to ask your lawyer What’s the lawyer’s background and experience handling the same or similar matters; What percentage of the lawyer’s practice involves handling these types of matters; Does the lawyer practice in a firm (if so, how many lawyers) or by himself/herself; Do I even need a lawyer for this matter; Can I hire the lawyer to do only certain parts of my matter; Does the lawyer carry malpractice insurance which covers these types of matters; What does the lawyer think he/she can do to help me, and what does he/she think is the likely outcome of the matter; How will the lawyer bill for his/her time (certain matters, like Probate and Bankruptcy have statutory fees and may require Court approval for the lawyer to be paid – there are also different types of fees, i.e. fixed, hourly, retainer – on call or billed against, and contingency); Who else will be working on my matter with the lawyer (associates, legal assistants, paralegals, investigators, etc.) and how will their work be billed; What is the lawyers estimate of total charges for everything; How will costs versus fees be paid; Are the terms of the fee agreement negotiable (make sure its in writing); What may be done to reduce fees and costs; How will I be kept informed about my matter; and What does the lawyer expect from you (i.e. what sort of things will the lawyer be asking you to do).

Deciding who’s the best for you Ultimately, it comes down to with whom do you feel most comfortable; A strong Attorney-Client relationship is based on trust, honesty, good communication and teamwork.