Executive summary

The main reason for late submission is my mental health problems caused by road traffic injury (mainly PTSD). It has been diagnosed and impairment confirmed by treating doctors and psychiatrists who specialize in assessments. PTSD makes it very difficult to gather, understand and retain information, especially when it is related to the injury. I did everything in my power to submit a complaint on time. It is hard to describe how debilitating this illness is and completely prevents me from doing some tasks, like submitting this complaint in a timely manner and with the full information required. Because of PTSD I could not collect, process and retain information needed for this complaint.

There were other obstacles like late transfer of the file by Gillian Potts. My previous solicitor got it only in July 2022 and the current solicitor only in March 2023. My claim is still ongoing and the whole impact of Potts and Ken Pryde's actions have not fully crystallized.

Some of Potts' actions (exaggerated fees and misrepresentation of the client, when she had no intention to submit my claim for independent assessment) are within the time limit as they occurred within 3 years from the time the complaint was submitted. Potts' actions are professional misconduct and it is in the public interest to stop such practice. I hope you will investigate all her actions including the ones that are out of 3 years limit.

Mental health problems the reason for being late

Main reason for late submission in my mental health problems caused by road traffic injury (mainly PTSD). As evidence I will attach a psychiatrist assessment that confirms PTSD and reduced cognitive abilities. I am also thinking maybe add links to descriptions of PTSD and its effects.
I did everything in my power to submit a complaint on time. I honestly believed that I did everything right and submitted on time. As evidence I will attach phone call history to mental health support lines (Lifeline and Sane) and visits to psychologists to help me to deal with stress while preparing the complaint. Provide list of calls.

More about PTSD impact

My disability is the reason why I was not able to submit a complaint about Gillian Potts actions any sooner than I did. I would not need a time extension if not the road traffic injury on 2015-03-30. Since then, I have had a significant cognitive impairment that made it very difficult for me to prepare this complaint. My disability comes from mental health problems (main one PTSD) that is caused by the injury. It is very difficult to gather, understand and retain information, especially when it is related to the injury.
Anything related to the injury triggers PTSD symptoms and I go into a panic attack with my cognitive abilities reduced, so that I can not do anything useful. This is commonly known as freeze and fawn responses (https://www.ptsduk.org/its-so-much-more-than-just-fight-or-flight/). The freeze response completely takes away my ability to take any action as it not only causes severe physical reaction, but also shuts down my ability to think. It may last for a long time (disassociation) after visible physical symptoms like nausea are gone. The fawn response while less noticeable prevents and triggers less often still completely prevents from taking action as it also removes even any thoughts of challenging threat (in my case Potts abusive actions). Potts and Pryde took great use of these responses and effects stayed for years. I am working this hard, but according to specialists it will take years.
Severity of the PTSD symptoms varies a lot in different people. It is often related to the severity of the trauma. I can not describe how violent it is to be hit almost head on by a fast going ute (I think it was about 60 km/h). During flashbacks it feels that my body still has not adjusted that I have survived. Unfortunately the PTSD symptoms are the same severe.
Gillian Potts represented me for an insurance claim and therefore it is strongly emotionally linked with the injury. It was a traumatizing experience dealing with Gillian Potts and Ken Pryde. So, the PTSD symptoms were even further exaggerated when I needed to deal with it.
It requires a lot of effort and energy. This is very difficult because due to my mental health problems I have very little energy. I have trouble sleeping, often getting just a few hours of sleep and most of the day I am so tired that I can not do anything useful. I wrote more about my functioning in a statement for my personal injury claim dated 2023-04-26 and submitted as a part of this complaint (see 2023-04-26 Alfonsas Stonis further statement.pdf and 2019-10-22 Typical day.pdf).
Getting some results that would give me some feeling of justice is very important for my mental health. So, despite my disability I put all my time and energy to be able to cope with it and in this case to prepare the complaint about Gillian Potts actions.
I did everything that was in my power to meet the deadline and only my disability stood in the way of me preparing and submitting it on time where all Gillian Potts actions would be within the required 3 year time limit.
I strongly believe that it would be just and fair to consider all Gillian Potts actions she has done for my case, and not limit it to the ones that were still within the 3 years time limit at the time when I submitted the complaint.
PTSD was diagnosed and confirmed by a treating specialist. I have included some reports with my complaint:
- 2015-11-02 Joyce Chiu Management plan - PTSD diagnosis 2015-11-02 Joyce Chiu Managment Plan.pdf
- 2017-10-02 Eloisa Mullet - “Alfonsas was hit by car when riding his bike, this happened two years ago. He is still suffering from PTSD Checklist scored 76. Presenting problems: insomnia, depressive symptoms, poor concentration, anger, fear he will dye, by similar accident.”2017-10-23 EloisaMuletNotes.pdf
- 2019-11-16 Stephen Sutton report - “In terms of diagnosis, his reported diagnosis of PTSD certainly appeared confirmed by all the evident symptoms (as described more detail in History & Treatment”)2019-11-16 Stephen Sutton Report.pdf
- 2020-06-04 - Traumatic Stress Clinic report - “During initial assessment, distress and functional impairment caused by posttraumatic stress reactions were reported that developed subsequent to the above dated incident. The Clinician Administered Post Traumatic Stress Disorder Scale (CAPS; Blake, Weathers, Nagy, Kaloupek, Gusman, Charney, & Keane, 1995) was administered at assessment. The CAPS is a structured clinical interview that indexes the 17 symptoms described by the DSM-IV (American Psychiatric Association, 1994) criteria for posttraumatic stress disorder (PTSD). Each symptom is rated in terms of the severity and frequency of the symptom in the past month, and each symptom must cause a minimum level of distress or impairment to qualify for diagnosis.
During assessment, re-experiencing symptoms related to traumatic experiences were reported. These symptoms included severe intrusive memories, distressing dreams, flashbacks, severe physiological reactivity, and emotional reactions to reminders. Several avoidance symptoms of posttraumatic stress including efforts to avoid thoughts and feelings, as well as efforts to avoid activities and situations wer endorsed. Hyper-arousal symptoms of irritability, hypervigilance, difficulty concentrating, and difficulty falling and staying asleep were also endorsed. Finally, dysphoric symptoms of psychogenic amnesia, persistent and exaggerated negative expectations about one’s self, others, and the world, negative emotional state, distorted blame, anhedonia, feelings of detachment and estrangement, and restricted ranges of affect, were reported. Presentation and symptoms reported during assessment were consistent with a diagnosis of PTSD.
In addition to posttraumatic stress reactions, major depression symptoms including depressed mood most days nearly every day, anhedonia, difficulty sleeping and concentrating, loss of motivation, decreased appetite, fatigue, and feelings of worthlessness, shame and guilt were also indicated.”2020-06-04 Traumatic Stress Clinic Report.pdf.
- 2023-05-02 clinical notes and letter for disability support pension - PTSD and severe constraints confirmed2023-05-02 psychiatrist Dr Louis Ereve report.pdf, 2023-05-02 Dr Louis Ereve disability support letter.pdf
I have provided reports that confirm my mental health problems in impairment
- 2022-09-30 Personal Injury Commission Review of medical assessment (significant cognitive impairment confirmed, adaptation score 4). “There is evidence of severe impairment. It is unlikely that Mr Stonis would be able to perform more than a few hours of work per week. Given his significant depressive symptoms causing significant concentration and memory problems, as well as lack of energy and motivation.”
2022-09-30 PIC Review of medical assessment.pdf
- PIC assessor Wayne Mason (2021-03-17). Assessed class 5 (the highest) for adaptation:
“Mr Stonis said he is unable to work in his previous occupation as a software developer. My impression of him during the interview was not one of the person who has completed a PhD in computer science. He appeared to struggle with basic concerts. He reported he does very little in the maintenance of the household and relies heavily on his wife.”

“Mr Stonis describes ongoing problems with sleep disturbance. He is woken three or four times'throughout the night and subsequently sleeps between three and five hours during the day. He knows'this is counter-productive but is unable to stop doing it. He continues to have problems with his'concentration and cannot do any of his computer coding work. He is unable to read books. He has'memory problems and cannot remember what he is supposed to do and what he has already done.'He gave the example of overlooking an important Medicare form for many months.”

Adaptation class score - 5 (highest possible).
2021-03-17 Wayne Mason assessment.pdf
- Dr Merter Anderson (WPI 2020-07-24) Assessed Class 4 for Adaptation: “In my opinion he is fit only for very limited employment in future, short hours, without demands upon concentration, persistence and pace.”
2020-07-24 Dr Peter Anderson WPI.pdf
My mental health problems were still ongoing. I provide reports from latest appointments with psychiatrists where here highlights my ongoing problems and reduced capacity.
Catastrophic thinking is another feather of PTSD, when all problems and threats seem at a very high level. This is related to original trauma that was life threatening. Unfortunately even small problems now are overwhelming and trigger freeze response, making it very difficult to deal with them.
I felt completely devastated after I recognized betrayal by Potts and Pryde. I felt completely helpless. It took many sessions from counselors, support lines and especially my wife, before I was able to start understanding what has happened and realized that there is something I can do. Many of these sessions where when I tried to understand what happened or write it down got overwhelmed and could not recover without support (this information is referred to in my statement of 2023-04-26):
- Phoebe Ng. Western Sydney University (2021-11-26 Wester Sydney University Phoebe Ng.pdf) - 30 sessions,
- ACAP Psychology Clinic (2022-11-28 ACAP Psychology Clinic - Appointment History of Client.pdf, 2022-11-28 ACAP Psychology Clinic - Cover letter - Appointment History of Client.pdf) - 22 sessions attended in 2022, weekly session continue in 2023 with the break in December-February
- Mentoring Men peer support meetings with Alex Coates starting October 2021 till July 2022 (first weekly and later fortnightly meetings),
a psychologist from Benstar 6 sessions 2022 and 8 sessions 2023,
- WayAhead - Mental Health Association NSW anxiety group fortnightly from March 2023,
- Sane Peer support program , 2023-04-23 Call histry Sane.pdf- 25 calls till 2023-04-21,
- calls Lifeline 2023-04-23*Call history Lifeline.pdf305 calls till 2023-04-23,
- my wife (none of these texts could be written without her support including actually editing it).
Even writing this document asking for an extension of time, while it was the only task I did, was too challenging for me. In a given time I would not be able to do it without lots of help.
All this stress is taking a huge toll on my physical health. It is not only causing some permanent damage, but if I try to push myself too hard I get physically sick. Time after time I had to take breaks from it as my body could not take it anymore. Unfortunately, getting some justice is the only way to get better.
Another feature of PTSD is avoidance. It can happen by avoiding things that are causing overwhelming stress or without me ever noticing it like some memories being blocked. The memory blocks are very difficult to overcome and require help from health professionals. It is a slow process and I still have a very long way to go. Even in the complaint I mostly focused on the Potts actions that have some factual proof and not going into details about some painful and harmful things like words being said. I still need time to process in sessions with my psychologist.

Actions within 3 years time limit

My complaint about Gillian Potts actions is not only that she has not submitted PTSD as a part of my mental health for medical assessment. It is only one of the details. The main thing is that Potts did not do the job I have hired her to do. She never intended to submit my claim for independent assessment. I hired her to prepare and represent my claim at court. I found out about the tribunal later. She never intended to do that. From the start she intended to accept whatever settlement insurance will offer. These things she has revealed only when she submitted highly exaggerated costs and in following communications for which I am still within 3 years limit.
The following emails are received from Potts and are within the 3 year limit. They reveal Potts' actions and intent not to accept any settlement under pretense arguments (later they have been proven to be false, like dismissed by PIC assessments) and exaggerated costs (discussed below).

2020-05-14 law partners Itemised Bill of solicitor client costs.pdf

2020-05-14 LawPartners - Request for list of Expenses.pdf

2020-06-02 email from Potts presure to settle in reply for a time to think.pdf

2020-06-18 email to Melissa - Copy of MAS and MAS review application forms.pdf

2020-07-07 email from Potts offer to settle.pdf

2020-07-17 Tripartite Deed.pdf

2020-07-31 email from Moya - FW 4A Application Received - 10280111 - Alfonsas Stonis - Claim number C1AO4674701 - Legal Rep Ref Stonis.pdf

Professional misconduct

I trusted Gillian Potts and Ken Pryde in my attempt to seek justice instead I got abused and scammed. They run the claim with no intention to complete it. The scam Gillian Potts and Ken Pryde run on my case seems to be their business model. It is in great public interest to stop this practice (now I found out that there were many stories like mine). I think it would be fair to consider it even if some actions of the scam were beyond the 3 year limit, but they become apparent only May-July 2020 (still within the time limit).
Lawpartners (Potts) take clients who have experienced trauma and were severely affected by it. They promise low costs and a 30% cap on their fees. However, the contract has few items that let them add additional fees and discard the 30% cap completely. They needlessly invite a barrister to all meetings without your agreement, who is not covered by the 30% cap. They take a lot of unnecessary actions to inflate their fees. They misrepresent your claim to make it weaker (for example the independent medical assessor did not get full information and as a result his assessment did not reach the 10% whole permanent impairment WPI threshold). Then when they decide that their fees are high enough they push for settlement. However, now their fees were twice higher than quoted before. If you disagree they use a report from the insurer (which is fraudulent and in favor of the insurer) to pressure you that your claim now is so damaged that you can not get better results with independent assessment. If you still insist on independent assessment or want to change solicitors then they demand to sign an agreement revoking the 30% cap and exaggerate costs even further, basically preventing you from doing it.
They started with $70,000 to run the whole case going to court with $145,539 bill that includes work that has not been done (example finalizing settlement), billing for same items multiple times (example emails that were included as part of gathering information and as a separate items) and so on (more later about the legal fees).
I provided detail description in separate document (these things were mentioned in complain, but because they were through whole document it may be hard to track them)2023-06-07 Lawpartners scam.pdf.
I think many actions by Potts (like excluding PTSD from the claim while it is the main reason from the claim) are severe misconduct severe enough that it would be in the public interest to give them time extension.

Exaggerated costs

Lawpartners legal fees were $145,539 including GST. So, it should be within OLSC legal limit of $149,375.
The grossly exaggerated costs were also part of their professional misconduct.
Some of the items for itemized bill we that includes work that has not been done (example finalizing settlement), billing for same items multiple times (example emails that were included as part of gathering information and as a separate items), items of medical reports where they have not done actions listed in their fees schedule, or items that they had done so bad that they have been rejected like MAS applications. See full details 2023-06-07 Analysis of Lawpartners Itemised Bill.pdf.

Other reasons for late submission

There were other obstacles like late transfer of the file by Gyllian Potts. My previous solicitor got it only in July 2022 and the current solicitor only in March 2023.
The claim is still ongoing

Public interest

Actions against such misconduct (scam) are very important for public interest. The whole legal system relies on the fact that you can trust your lawyers. If the lawyer is your biggest enemy and you are much better if you do not engage one, the justice is denied. Gillian Potts and Ken Pryde run this scam not for the first time. There is no doubt about it, based on how they run it. Injured people are very easy prey and Potts with Pryde abuse it. They have lots of experience in it and they were well prepared. I did hear about similar cases like mine, but I am not in the position of power to collect this information. I rely on OLSC to do it.
Gillian Potts' actions (exaggerated fees and misrepresentation of the client, when she had no intention to submit my claim for independent assessment) is professional misconduct and it is in the public interest to stop such practice.
Dealing with Potts was a terrible ordeal. I can not change what happened. The only thing I can do is seek some accountability for her actions and prevent her from doing it to other people.
One day I hope to write my story: about the trauma, how it affects you, that instead of support from some lawyers you can get scam and abuse and a possible way to deal with it. It would have helped me a lot and I hope it might help someone else in a similar situation. I hope it might be very therapeutic too.