2023-06-07 Lawpartners scam
Lawpartners were represented by solicitor Gillian Potts and barrister Ken Pryde.
Lawpartners 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 for independent assessment then they demand to sign an agreement revoking the 30% cap and exaggerate costs even further. If you want to change solicitors you can not because Lawpartners again require to remove the 30% cap. Also without the WPI threshold other solicitors are not willing to take it. Because your case is damaged you have no choice but to agree to a settlement offer, because otherwise the Lawpartners fees will be even higher and you risk getting less.
The evidence I have (in bold) or don't (in regular text):
- Gillian Potts knew about my PTSD and inability to cope as when she was contacted by Garry Penhal my solicitor at the time she was provided with full information about my illness and inability to cope. I believe that she put the scam plan in place when she received my file.
- I was presented with the contract at the time I was asked to sign it. Simply, there was no communication before it.
- Contract has quote of $55,000 for legal fees (see 2018-04-10 LawPartners cost agreement No win no fee cap guarantee.pdfpage 2), no win no fee and 30% cap (page 11).
- I have not agreed to the barrister being included in my claim process while there is no court case, but they did it anyway.
- It seems they avoided any information about lower fees in written form. It seemed strange at the time as Pryde would not even say it out loud, just write it on paper and show it to me, then hide the paper. Now it all makes sense.
- Lawpartners rejected a suggestion from my psychologist Steve Sutton to provide a report about my mental health and opted only for the notes (see 2018-05-10 Gmail To Potts - Previous mental health status.pdf, 2018-05-15 Gmail From Potts asking only for notes.pdf, 2019-04-17 email to Potts - FW Request for documents.pdf). I think it negatively affected my chances to get a proper medical assessment.
- Lawpartners excluded any mentioning of PTSD while preparing my statement (see 2019-04-29 Alfonsas Stonis statement.pdf), while it was the main problem of my mental health. This goes in huge contrast with further statements while working with other solicitors (see 2022-06-27 Alfonsas Stonis further statement.pdf and 2023-04-26 Alfonsas Stonis further statement.pdf). It also conflicts with PTSD being diagnosed by treating psychologists (see 2015-11-02 Joyce Chiu Managment Plan.pdf, 2017-10-23 EloisaMuletNotes.pdf and 2010-12-16 - 2018-07-11 Steve Sutton Clinical notes.pdf).
- Lawpartners did not mention PTSD or provided any written submissions for medical assessment (see 2019-04-30 LawPartners MAS form 2A.pdf).
- Refused to give me copies of the documents they have submitted in my name (CARs application and request for Jones assessment review). There was no explanation given (see 2020-04-23 email to Melissa asking application and response for review.pdf, 2020-04-24 email from Melissa review reply.pdf, 2020-06-18 email to Melissa - Copy of MAS and MAS review application forms.pdf). The rejection to provide information was by phone.
- Example of fake negotiations to increase fees. Melissa sent me an email inviting to meeting on 2020-01-09 (see 2020-01-09 email from Melissa - Next meeting 29th 15 00.pdf). She did not provide any information for the reason to meet. Because I previously did not agree to the offer and asked to submit an application for an independent assessment I thought I needed to sign some papers for it or something like that.
- I went to see a psychologist, hired by QBE, Moodley. She produced absurd report with incorrect statements almost in every paragraph (146 errors in total 2020-03-18 Moodley report errors.pdf), twisting the whole story upside down. For example she was saying that was so depressed before the injury that Juste had to make me a meal before going to work, or I would not eat. The problem is Justė was still living in Lithuania at that time. They told me I can not do anything about this report and used it as leverage to push me to settle (see 2020-05-06 email from Potts further pushing me settling threatening with Moodley report.pdf). While in truth I found only 3 mentions of her reports in the official Personal Injury Commision site and all 3 times these reports were dismissed (see https://pi.nsw.gov.au/__data/assets/pdf_file/0004/538618/9398-08_1_Burke_COD_SOR.pdf, https://pi.nsw.gov.au/__data/assets/pdf_file/0004/470488/7185-07-STARR-MAP.pdf, https://pi.nsw.gov.au/__data/assets/pdf_file/0012/953769/2979-20-Doulman-MAP.pdf ).
- Pryde and Potts the used this report to apply further psychological pressure to settle (see 2020-05-08 email to Potts - About asking for row data of test for Moodley assessment.pdf).
- Refusal to submit my claim to an independent assessor CARS. From the start Potts assured me that if I am not happy with the offer from QBE I can go to an independent assessor and geet assessment that QBE must accept. As Lawpartners have been giving me lots of conflicting advice I asked to submit documents to an independent assessor and let him decide. I first asked for it verbally, after the first failed informal settlement conference. I asked for an independent assessment during every meeting. Till I finally felt frustrated enough to ask for it in a separate email (see 2020-03-20 To Gillian - Minimum for agreement.pdf). However, they still refused to do so. At the end they put a demand to accept grossly overpriced fees if I want to go forward (see 2020-04-14 Authority Rejecting Solicitors Advice.doc, 2020-04-14 email from Potts demand to accept overcharged fees to go forward.pdf, 2020-04-14 Letter Advice - from counsel - dated 20.3.20.pdf). However, Pryde told me that if I accept this their fees after CARS assessment will be higher than the payment I will get and I will end up paying them.
- Gross exaggeration of costs. At the first informal settlement Potts mentioned that the total legal costs are below $50,000. The sum stayed similar till March 2020 when Potts informed me that she changed her mind and more or less the same QBE offer that was from December 2019 is now acceptable. There were jump legal fees without any work done. There was an even further jump in legal fees in May 2020, when Lawpartners contacted me again with demand to settle instead of following my instructions and sending an application for PIC assessment. Pots wrote that Lawpartners legal fees are $82,500 (including GST) with 30% cap ($104,819 without cap including GST). I was trying to understand what was happening and was recommended to ask for an itemized bill to see where I am (see 2020-05-14 LawPartners - Request for list of Expenses.pdf). It felt that Potts realized that I may be looking for a second opinion despite their instructions not to do so. I was hit with grossly exaggerated legal fees for Lawpartners of $145,539 (including GST) (see 2020-05-14 law partners Itemised Bill of solicitor client costs.pdf). They exaggerated all costs: simple notifications about appointments, reading reports, pointless conferences where they dragged time, even “the welcome gift” of a few notes pages and envelopes got added at a value of $500 (see picture 2018-04-10 Law Partners welcoming gift.pdf).
- Threats to damage my claim. Pryde, with Potts agreeing, told me that they will prevent me from going to PIC for assessment. They also told me that I will not be able to continue my claim with another lawyer. I have contacted solicitor Moya de Luca-Leonar for a second opinion and she offered to take my case in June 2020. De Luca contacted Potts asking for a file. Potts requested to agree with exaggerated costs removing the 30% cap before agreeing to pass the file (see 2020-07-17 Tripartite Deed.pdf). I did not agree with such gross overcharge. I was left without a Lawpartners file. However, when I got it, I saw that they basically have not done any preparations for my claim anyway.
- Lies about the status of my claim. It may be coincidence, but after Potts refused to submit an application for assessment of damages, Ceballos (QBE) submitted an application for damages on 2020-06-01. Potts kept telling me that I have only two options: to agree to settle with the QBE offer or to agree to be grossly overcharged by Lawpartners (see 2020-07-07 email from Potts offer to settle.pdf). Later this information proved to be false. De Luca applied for a new medical assessment and provided all information about my mental health (most of it Lawpartners also had). PIC assessed that road traffic injury caused PTSD and had a major impact on my health (see medical assessments in attachments).
Summary
- I had an estimate for the whole case of $55,000 ($70,000 including all costs at the court) and 30% cap.
- There was very little work done. Only 2 very badly prepared submissions for medical assessment.
- No work done to actually prepare my case for assessment.
- Pressure to settle with legal fees at $95,290 ($82,000 with 30% cap) + $27,830 (barrister).
- Demand to accept uncapped starting legal fees of $178,327 with promise to significantly increase it in order to go to independent assessment. They never intended to have my case properly completed.
Dr Alfonsas Stonis
2023-06-07