Passport to fraud


Q. I signed a declaration for a passport application for a former client who told me that he had lost his previous passport. Some weeks later, the Passport Office sent me a copy of the application, asking me to confirm that the signature on the photograph was mine. In fact, the photograph was of someone different and my signature has been forged. Am I allowed to inform the Passport Office of the true position?

A. Yes. When you countersign a passport application for a client, it is on the basis that queries may be raised by the Passport Office at a later date and that the solicitor must be authorised to deal with them. In doing so, you will not be in breach of the duty of confidentiality to your client.

Even in circumstances where a duty of confidentiality would normally prevent you from disclosing information, this duty would be overridden if there is strong prima facie evidence that the client has attempted to use you as an instrument of fraud (see rule 4, guidance note 16 of the Solicitors’ Code of Conduct 2007).




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog


The AI revolution: practice excellence is about to reach a new level

The crux of all conversations with law firms has been: “how can generative AI support greater practice and client service without compromising security?”


TikTok or TikNot: Is social media working for you?

The average law firm spends around a quarter of its marketing budget on social media but sees little in return, our research found.


Tomorrow’s legal landscape: helping firms prepare for change

Law firms must constantly question the status quo and be willing to adapt. Take nothing for granted. Never say ‘we’ve always done it this way’; never say ‘we’re lawyers and we’re different’.


Loading animation