Can the Public Trustee decide the legal fee for a car accident?
* The following below has been posted in the Public Trustee google review as to highlight to the Authority to look into the matter seriously and also appeal the Ministry Of Law to come out with a new system to protect the public(victim) interest for car accident in future but unfortunately google had some restrictions in posting and some attached file(s) cannot be seen. (reasons why I create a blog)
without prejudice
Can the Public Trustee decide the legal fee for a car accident?
If yes, my 1st lawyer did not do a proper job
- Made the wrong daily amount claim, which I was accused for cheating and escalating my claim by the Defendant’s Lawyer during the 2nd Hearing.
- Before my 2nd Hearing start no proper handover of documents by the 1st lawyer and my present lawyer have to walk to his office from the State Court to pick up the documents
- Threaten me the plaintiff (his client) hours before the 1st Hearing start
My present lawyer did not do a good job (never check the mistake “wrong daily claim amount” by the 1st lawyer, when takeover my case for months) that lead me and my spouse as non‐party to unnecessary stress.If this discrepancy (stupid mistake) can be rectify earlier by my both the lawyers, the defendant side would not take advantage of it. Can I complaint and pay lesser for their legal fees?
This case was delayed by Defendant's side for almost 6 years. Defendant's tried to "find fault and play dirty" and accused me on the 2nd Hearing that I escalated the daily claim amount and said I tried to cheat! My case was handled by the 1st lawyer which is specialist in car accident claim that the Motorsport company boss insist that I have to go to him as my bike was only a few weeks old and I’m still serving the installment with his company. As an accident claim specialist lawyer, he is the one that work out all the claim amount from the relevant documents I passed to him and there is no way I could escalate the claim amount!
I managed to browse through all my emails which I correspond with the 1st lawyer firm earlier and find out an email. I did clear my name by showing my present lawyer that I had sent an email to the 1st lawyer informing him "the sales is not accurate” from the data that I attached to him but I do not know whether my present lawyer did show it to the Judge and the defendant’s lawyer to clear my name. By right the 1st lawyer should use my yearly IRAS Assessment income for self‐employ claims, which is accurate on my loss of income for my accident claim!
This case is like "Justice Delayed Justice Denied", about 5 years ago during the MC suit, I was awarded 90% in my favour but the defendant side had not shown any intention to settle my case with any offer and the defendant side is trying to incur more legal fees for this case by delaying it further.
From the evident (my email to the 1st lawyer stated "the sales is not accurate”) which I show it to my present lawyer and the Trustee. If the Defendant's lawyer accused me for cheating and I proved him wrong now. Can he explain or show any evidences:
- Why he started to make a ridiculous low offered a few hours before the 1st Hearing started and try to confuse me for the Hearing (Is this a grey zone in our law, where Defendant can made last minutes offered to confuse the plaintiff?)
- Why is it so coincident that my first lawyer tried to threaten me till the Hearing start, for not to proceed for the 1st Hearing after Defendant’s made an offered?
- Is there any special arrangement discussed between the two lawyers before the 1st Hearing starts, which I'm not aware of?
*During the 1st Hearing the Defendant's lawyer was also not prepared for his cross examine questions and he was late during the Hearing time! The cross examine questions was last minutes plan and my 1st lawyer did not even object on it! (All these was recorded in the State Court Hearing video)
As a plaintiff (victim) of this accident claim, in order not to end up having to pay for much higher legal costs out of my pocket. I told my present lawyer to counter offer the earlier ridiculous offered made by the Defendant's lawyer on the 1st Hearing date!
I have made a complaint to the State Court as well before the 2nd Hearing start due to a direct harassment by the Defendant that contacting my spouse (non‐party) directly without going through my lawyer and also a threaten message through my present lawyer that the Defendant’s mentioned “if I proceed the 2nd Hearing a lot of people will be involved”. I wonder whether this is the command practice for these professional lawyers to threaten anyone they like!
If a lawyer bases on my quantum to charge my legal fee, that means "the higher I was compensated the higher the legal fee" they will get. So for this case if the lawyer made a mistake for my claim amount, never handle over the proper documents to my present lawyer or present lawyer never went through my documents properly during the takeover that cost me a loss in my compensation and all the unnecessary stress, are they going to be responsible for it?
I strongly believes the Public Trustee will protect the public (victim) interest and to be fair and I appeal the Ministry of Law, to come out with a system to have an option of removing thirty party (outside lawyers) involved in car accident claims, where the plaintiff(victim) can submit directly all their relevant documents to the State Court for the in house admin and lawyer to work out all the claim and directly deal with the insurance company, so that the plaintiff (victim) will not suffered for all the unnecessary stress and further lost in their claims!
As a victims of the accident, we already suffered from the injuries and there will be no ending for future medical consultations. What we want is a fair compensation according to injury claims that’s all. As a layman we knows nothing about accident’s claim and we leave everything to our representing lawyer based on trust but now “how much can we trust the lawyers”?
===============
*Attached pictures are my medical reports which was from a Government’s owned Hospital (TTSH) and these reports are based on years of monitoring and follow up consultations by the same group and team Orthopaedic Doctors, Physio Therapists and Occupation Therapist.. etc in TTSH but the defendant’s side are hesitated to compensate by having their “own appointed private doctor” to opined on the reports after almost 4 years later with only less than half an hour medical review with me by their appointed doctor!
My 110 days of MC on 2016 also shows my honesty that I don’t claim for a living! I personally inform my 1st lawyer that as a self‐employ I can’t afford not to work every day. So I told him which days I’m working so that he will not claim on those days I work! Till date my claim MC is more than 150 days or more. With my loss to close this case, now I have to end up paying even more to all these 3 lawyers for their legal fee!
================
- Why he started to make a ridiculous low offered a few hours before the 1st Hearing started and try to confuse me for the Hearing (Is this a grey zone in our law, where Defendant can made last minutes offered to confuse the plaintiff?)
- Why is it so coincident that my first lawyer tried to threaten me till the Hearing start, for not to proceed for the 1st Hearing after Defendant’s made an offered?
- Is there any special arrangement discussed between the two lawyers before the 1st Hearing starts, which I'm not aware of?
Law amended to allow 'no win, no fee' agreements between lawyers and clients for certain proceedings
PUBLISHED JAN 12, 2022, 7:07 PM SGT
CNA News:
Law exam cheats: Law Society to 'carefully' review Bar applications, will object if not satisfied with trainees' suitability
https://www.channelnewsasia.com/singapore/law-society-lawsoc-trainee-lawyers-cheat-bar-exam-2635466
On 6 April 2020 morning 09:24 Public Trustee’s officer called
up to inform me not to write to them again as they are finalizing a last
issue with the lawyer(s). When I asked the officer how long must I need to wait,
one/ two months later for trustee to conclude this issue? The officer said no
need so long, it will takes about 1 week.
Till today is already 21 days gone, checked my letterbox and
email NO to reply yet! Will send a reminder to the Trustee again!
Total number of days delay for compensation: 6 years 3 months (by end of April 2022)
Public Trustee investigation delay: Since 10 Dec 2021 (my
existing lawyer already submitted all relevant documents to Trustee) till today
27 April 2022 (Total 4 months 17 days
delay)
* This matter was brought up to Public Trustee on 06 Nov.
2021.
** For this accident I’m a victim waiting at the traffic
light for the pedestrian to cross the road, where suddenly a Comfort taxi collided
behind my scooter!
*************************************
Just wrote to Public Trustee again:12/05/2022
Dear Mrs XXXXXXX
Enquiry Ref No. : MA-20211106-0045 dated 06/11/2021, MA-20211118-0381 dated 18/11/2021 & MA-20211210-0274 dated 10/12/2021, MA-20220315-0552 dated 15/03/2022
On 6 April 2020 morning you called up in the morning, to inform me not to write to you again as your lawyer is finalising a last issue with my lawyer(s) and my case will be concluding soon. When I asked you how long will I need to wait, one or two months more for your side to conclude my issue? You said no need so long, it will takes about 1 week.
As on today 12/5/2022 16:00, is already 1 month 6 days had passed. I checked my letterbox and email no to reply from your side! Your Public Trustee investigation delay since 10 Dec 2021 based on my existing lawyer already submitted all relevant documents to the Trustee till today 12 May 2022 is already a total 5 months 2 days delayed.
As a reminder a total numbers of days delayed for my accident’s compensation will be 6 years 4 months (by end of May 2022). I would be appreciate for your kind reply as soon as possible by written please. Thank you!
Regards
Koh
Dated: 12/5/2022
*************************************
Update : 26/5/2022
After 2 weeks (14 days ) has gone from the date I wrote to Public Trustee on 12/5/2022, there is still no written reply. I tried to check google the phone number for Public Trustee, to my surprised I saw the it stated " Permanently Close"!
Does anyone knows what happened???
I tried to call up the officer in charge of my case but was told the officer is not available on today and tomorrow but I insisted and requested at least one of the officer from the same department could call me by today and tomorrow.
*************************************
31/5/2022
Went to Public Trustee department today, since there is no reply and call from the officer. The officer refuse to meet me in person and instead of called me during that time. She told me to liaise with my solicitor directly if you have any clarification on the status of your claim. Is this sound funny? I’m a victim that complaint to Public Trustee about the lawyers (ex-lawyer, defendant’s lawyer and existing lawyer) on this case and she is telling me to liaise directly with my existing lawyer for, the status that caused me in trouble and loss in my claim?
Later in the afternoon the officer made a reply email to me:
Dear Mr Koh
We refer to your enquiry received on 12 May 2022 and 26 May 2022.
We have been informed by your solicitor, Mr XXX XXXX XXXX, that they will be providing a reply to the Public Trustee's queries by 31 May 2022.
As you are duly represented by a solicitor in respect of your motor accident claim, please liaise with your solicitor directly if you have any clarification on the status of your claim.
Thank you
*************************************
My reply to Public Trustee 1/6/2022
_page-0001.jpg)
Dear Mrs XXX XXXX XXXX
Enquiry Ref No. : MA-20211106-0045 dated 06/11/2021,
MA-20211118-0381 dated 18/11/2021, MA-20211210-0274 dated 10/12/2021 &
MA-20220315-0552 dated 12/5/2022
Your ref: MA-20220526-0271 - Others- AC 3130/2021C
CRM:0329675
Thank you for your kind written reply on dated 31 May 2022
which I finally received yesterday after I made a trip to your department. I
appreciate your department that look into my genuine complaint case, in another
way I was very disappointed with the way your department handle my case and
also pushing and hiding away from a victim without meeting me in person.
Please note I’m a victim that complaint to you (Public
Trustee) about the lawyers (ex-lawyer, defendant’s lawyer and existing lawyer)
on this case and you are telling me to liaise directly with my existing lawyer
for the status that caused me in trouble and loss in my claim, is this sound funny?
Your side wanted me to liaise directly with my lawyer but
all this while, what is the procedure your Public Trustee handle this case I do
not know. Till yesterday then I understand from your colleague, your side is
only targeting on my existing lawyer on this case. Whereas the other two
lawyers had get over it without responsible for what they had done, she mentioned
in my phone if they had misconduct I could complain to Law Society!
My main objective that I called you on 26 May 2022 and my
visited to your office on 31 May 2022(which you refused to meet me in person)
was to know the status of my case and also bring the issue that the Managing
Director of my existing lawyer firm had call me on the 26 May 2022 that he had
agreed to waives all the legal fee just to close this case which I agreed with it and on the whatsapp messages on 31 May 2022
there are changes in what was mentioned on earlier.
Please refer to attached files on what was discussed on 26
May 2022 and what I received in my whatsapp on 31 May 2022. From these messages
attached, can you tell me should I trust and liaise directly with the lawyer(s)
again? I hope the Public Trustee can be
more assertive in the job and should have the authority /power in handle this
case.
Please note there is a balance of $1,263.00 still with my existing lawyer after deducting
$537.00 from my spouse legal fee, which the Judge order the defendant to me as waste
costs for the vacation of the previous AD hearing date of 28 April 2021 and for
the delay in filing his applications. This amount was not shown in their 31 May
2022 message to me.
Total files attached 26 May 2022 Whatspp message 5 files, 31
May 2022 Whatspp message 9 files + 2 pdf and 1 Jpeg files (17 files)
Total numbers of days delayed for my accident’s compensation
is 6 years 6 months till
today.
Total number of days delayed by Public Trustee to finalised
this case 6 months on 3
Jun 2022(This Friday).
Awaiting for your reply.
Regards
Dated: 1/6/2022 (MA-20220601-0054, 01 June 2022 09:25 AM)
*************************************
6th Enquire Submissions to Public Trustee 10/6/2022
Dear Mrs XXX XXXX XXXX
Enquiry Ref No. : MA-20211106-0045 dated 06/11/2021,
MA-20211118-0381 dated 18/11/2021, MA-20211210-0274 dated 10/12/2021,
MA-20220315-0552 dated 12/5/2022 & MA-20220601-0054 dated 01/06/2022
Your ref: MA-20220526-0271 - Others- AC 3130/2021C
CRM:0329675
Till today is already my 6th enquire submissions
to your Public Trustee and this case has been delayed for 6 months 1 week by
your side on the decision making to conclude it.
On your last email replied dated 31 May 2022, you want me to
liaise with my existing solicitor directly if I had any clarification on the
status of my claim and I had explained very clearly in my replied on 1 June
2022 enquire submission with the reasons and the screenshot messages from my
solicitor why I don’t trust the lawyer(s).
As a victim that complaint to you (Public Trustee) about the
lawyers (ex-lawyer, defendant’s lawyer and existing lawyer) on this case and
you are telling me to liaise directly with my existing lawyer for the status
that didn’t do a good job in my accident’s claim. This seem to be ridiculous, I
complaint to the Authority on my Lawyers and the Authority wants me to get back
to these lawyers?
By now from the Whatsapp screenshots I attached to you on 31
May 2022, you can see it very clearly through my tele conversion and whatsapp
messages on 26 May 2022 with the Managing Director from my existing solicitor,
he had agreed to “waives off all the legal fee” just to conclude this matter if
I accept it but later change his mind on 31 May 2022! May I ask, can I still
trust these lawyers and does a lawyer(s) need to “honor his words” for what he said and text to me? Next is my balance of money which the court awarded to me of $1,263.00 is still
with them and they have not revert to me with an answer till
today. I had a strong feeling that this lawyer
is going to drag on with it like the Defendant’s lawyer does early in this case
and later blame it to me for the delayed and claim me for their legal fee
again! I was wondering, is there a code of conduct for these lawyers to abide
to it as they are taking advantage on the victim that already claim lesser then
the actual claims amount. This is like “robbing from the bagger’s bowl”!
I had enough for these lawyers:
1)
Ex-lawyer:
didn’t do a proper job that made a wrong claim amount without my notice, didn’t
fully hand over all the documents to my existing lawyer when they take over
this case and can still threaten me, his client before the Hearing start to
discourage me to proceed with the first Hearing without giving any reasons. (Is this a misconduct?)
2)
Defendant’s
lawyer: a few hours before Hearing start made an offered and expect me to
accept his very low offered, he was late for the first Hearing and didn’t
prepared the interrogation questions before the Hearing start (first Hearing
was postpone due to him), harass the plaintiff’s spouse (non-party) directly (Is this consider malpractice?)
and drag to delayed all my Hearing due to his shifting of new office and a new
legal firm that was setup by his existing firm and this case was transferred to
the new legal firm. Last minutes before the second Hearing start, threaten me
not to proceed with the second Hearing through my existing lawyer, issued 3
court orders and also delayed the payment which the State Court instructed them
to pay for these 3 court orders. All these was in the record due to his dirty
tricks and he started to claim me in return around $3,700.00 legal fee for the
delayed!
3)
Existing
Lawyer: didn’t do a good job after taking over the case, without counter
checking all the documents and the amount claims to make sure all are in order
that lead me to all these unnecessary stress, delayed and loss of actual
claim…etc
For this accident’s claim as a victim, it has been delayed
for my compensation for 6 years, 6 months and 1 week till today due to the
fault from these unethical lawyers! I hope your side as an appointed Authority
for Motor Accident Compensation department could made a decision fast and
appreciate you could kindly reply to me as soon as possible on the status.
Thank-you!
P/S. Attached is the record that the existing solicitor
Managing Director call from Whatsapp on 26 May 2022 and he wanted me to make a
decision within that day whether I could accept his offer. In the Whatsapp
massages on 26 May 2022 show very clearly, I did accept the offered and he did
mentioned twice the offered to waive all the legal fee must be agreed by the Public Trustee!
Regards
Koh
Dated 10/6/2022 (ref MA-20220610-0261 10 June 2022 12:36 PM)
*************************************
1/7/2022 is my second time I don't hear from Public Trustee when they mention again that my case will finalized in 1 weeks' time after investigating for 7 months and still no answer! It leaves me no choice but to write to LAW MINISTER K. SHANMUGAM for help.
Public Trustee letter quote
3. We also note that your firm will waive your legal fees.
4. The Public Trustee (“PT”) has considered the matter very carefully. The PT hereby approves:
(a) S&C costs at $7,000.00 (excluding GST, or $7,490 including GST);
(b) S&C disbursements at $ 5,725.20 (including the PT’s fees of $225);
(c) A sum of $7,490.20 to be paid to ex-layer as the balance amount due from your client to them on their Bill No. 3031/22 dated 1 March 2022, to be paid out of the amount of the party-to-party (“P&P”) costs and disbursements paid by the Defendant’s insurer and received by you.
- On 6th Enquiry Submissions to Public Trustee I had attached the screenshot of my lawyer is willing to waive all their legal fee and I had accept it. Why and for what reason, Public Trustee approved their legal fees?
- If this happened to you how do you feel and is there any Justice in Singapore?
- Is it fair for lawyers not to be responsible for their mistake?
*Even if all the 3 lawyers is going to waive off all their legal fees, it won't be able cover my justifiable claim for this accident claim.
*************************************
6/7/2022 was advice to highlight this matter to the Law Society as whether they are going to take it seriously to safeguard the people in Singapore is up to them!
8/7/2022 found out the upload image was block by "Hardwarezone Forum".
https://caraccidentsingapore.blogspot.com/2021/12/can-public-trustee-decide-legal-fee-for.html
https://www.singaporebikes.com/topic/399632-very-bad-experience-for-accident-claim-can-the-public-trustee-decide-the-legal-fee-for-a-car-accident/#comment-5170475
*************************************
12/7/2022 @ 0849 received an early email from my present lawyer stated below:
Dear Stanley
Kindly let me hear from you on the email below by 5pm on Wednesday, 13 July. This matter has been going on for a long time now and since the PT has decided, I think it best if we proceed and have the case closed. If I do not hear from you by 5pm on Wednesday, 13 July, I will proceed as directed by the PT.
Do call me if you wish to discuss.
Kind regards
My replied in the afternoon:
*************************************
12/7/2022 @ 1342 received an latest email from my present lawyer stated below
Hi Stanley
Sure. So we are to wait to hear from the PT on this? Hope to hear from them within this week if there is any further clarification from them. Please check on your side. They seem more responsive to you than to us. Will update you if we do hear from them.
Kind regards
* I had forward all emails correspondence to Public Trustee, so that they can expedite what was mentioned by Public Trustee called on 6 July 2022.
Enquiry Submission Confirmation - [MA-20220712-0518] CRM0000001 on 12 July 2022 @ 1520
*************************************
25/7/2022 wrote to my lawyer, Public Trustee and Law Minister due to delayed by Public Trustee.
Lawyer replied Public Trustee said they will get back to them but DIDN'T!
Enquiry Submission Confirmation - [MA-20220725-0066] CRM:0000001 dated 25/7/2022
%2025%20July%202022-page-001%20(1).jpg)
29 July 2022 Public Trustee Office wrote to me Re:
ASSISTANCE FOR MOTOR ACCIDENT CLAIM as I had wrote to Mr K Shanmugam, Minister
for Law that I will pay a personal visit to him for help in his meet the people
session at Yishun due the delay made by Public Trustee!
4. We wish to clarify with you that Present lawyer firm has misunderstood the PT’s position. As stated in a letter from the PTO to Present lawyer firm dated 1 July 2022:
(a) the PT had approved the S&C costs at $7,000.00 (excluding GST, or $7,490 including GST) and S&C disbursements at $5,725.20 but there was no mention that these sums were to be paid to Present lawyer firm ;
(b) instead, out of the monies paid to Present lawyer firm by the defendant’s insurers, Present lawyer firm is required to make payment of:
(i) a sum of $7,490.20 to Ex-Lawyer (the sum being the balance of the total bill of $12,990.20, for which you have made partial payment of $5,500.00); and
(ii) a sum of $3,720.90 to the defendant, being the amount of disbursements incurred by the defendant in the case after 28 October 2020 which the court had ordered you to pay, the quantum of which you had agreed with the defendant; and
(c) Present lawyer firm
may seek reimbursement from you the PT’s statutory fee of $225.00 for
the PT’s work in the assessment of the S&C costs and S&C disbursements.
29 July 2022 same day Public Trustee female Office whom is
in-charge of my case wrote to my Present lawyer firm and explained as follows:-
Why is there so many gov law departments where there no actual enforcement/ action taken to safeguard the public?
Public Trustee had already inform the Defendant's Lawyer to prepared the final Settlement accordingly on 22 Nov 2020
Thank you! After contacting you again the PT officer finally call and email me today. With the attached document PT had already informed the Defendant's lawyer firm to prepared the final settlement payment accordingly on 22 Nov. 2022 and today your PT check with the Defendant's lawyer, the answer from the lawyer was they haven't received any cheque from the Insurance Co.
As usual same old trick used by the Defendant's lawyer again, when the State Court order them to make payment in advance for the legal fee to my lawyer to help my spouse "whom is a non related party for this accident" to provide and arrange a proper documents for their requested if they need it. At that time they also delayed the payment and drag the Hearing date again!
Anyway FYI I had given them 14 days deadline from today onwards to settle my compensation. With already 8 days notice from PT letter to the Defendant's firm and my 14 days deadline, 22 days it should be more than enough time for the payment to reach me before this 14 days.
Once again, Thank you Sir!
*************************************
To close this case and update the people who care, payment was received on 14 December 2022 by my lawyer on the date of the deadline given to the Defendants side by me and it drag another 2 days for the compensation amount to be credited to my bank account. The settlement amount was around $40,000.00 and after a rough estimation calculation for my compensation from this Car Accident that happened on January 2016. I only take back less than $15,000.00 after deducting my earlier medical expenses, all the three lawyer legal expenses and legal fee.
1. My Medical leave is more than 200 days, I can’t claim!
2. Specialist doctor medical report 1. Stated for future surgery if needed is around $30,000.00 to $40,000.00, I can’t claim!
3. Specialist doctor medical report 2. Stated I can only work for 3 days and for this case, I lost my claim for the remaining days that I’m not working for almost 5 years, I can’t claim!
4. My future medical expenses, I can’t claim!
*All the above are due to the mistake done by my lawyers, one has made a wrong claim amount without my notice and started to threatened me to accept the Defendant’s last minutes offered and discourage me to proceed for the first Hearing, Next was my existing lawyer that took over the case for months till the second Hearing, they did not checked and realized the mistake done by the first lawyer and I was accused with false allegation by the Defendant’s Lawyer during the Hearing that he said me cheat, which I had already proven him wrong(with Hard copy Evident) after my second Hearing that the mistake and claim amount was done by my ex-lawyer which I was not aware of.
If you are in trouble you need professional help and trust what your lawyer did, for my bad experience this is the reasons why I don’t trust any lawyer anymore unless the Authority is going to do something with it!
To end this matter, I sincerely hope our Government, the Ministry of Law have to come out with a stricter rule and code of conducts for these lawyer to abide to as to STOP this kind of bad happening again to a Layman (Victim) in Singapore.
May God Bless the Good People and A Happy New Year to you!
Comments
Post a Comment