Jump to content
  • Join SingaporeBikes.com today! Where Singapore Bikers Unite!

    Thank you for visiting SingaporeBikes.com - the largest website in Singapore dedicated to all things related to motorcycles and biking in general.

    Join us today as a member to enjoy all the features of the website for FREE such as:

    Registering is free and takes less than 30 seconds! Join us today to share information, discuss about your modifications, and ask questions about your bike in general.

    Thank you for being a part of SingaporeBikes.com!

Very BAD experience for Accident claim, Can the Public Trustee decide the legal fee for a car accident?


Koh
 Share

Recommended Posts

* 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)   https://caraccidentsingapore.blogspot.com/2021/12/can-public-trustee-decide-legal-fee-for.html

                                                                                                   

                                                                                                                                                                                                                                                                                                                                   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

  1. 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.
  2. 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
  3. 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. 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 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:

  1. 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?)
  2. 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?
  3. 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 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 don’t not know 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 end 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 lawyer”?

===============

*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!

================

 

Untitled.jpg

20180605_090252.jpg

20180605_090312.jpg

TTSH medical report 2020.jpg

TP report.jpg

Ortho MC 23 May to 9 Sept 2016-page-001.jpg

Edited by Koh
Link to comment
Share on other sites

Defendant's lawyer made a last minutes offered few hours before my 1st Hearing date on 28 Oct 2020 at 2.30pm with 14 days validity 
*The following documents request, was advised by my present lawyer when I decided to change a lawyer(after the 1st Hearing). I don't get to see this before the Hearing start! 
(Total 3 copies) 
 

Defendant last minutes offer before hearing on  28 Oct 2020_page-0001.jpg

My 1st lawyer email to me what is the amount offered by the Defendant's lawyer on the same date around 11.03 with only 7 days validity and I happened to know this ridiculous low offered around 12:30 to 12:45 where my 1st lawyer don't even explain to me, why the offered was so low. Instead of calm and get this client ready for the Hearing at 14.30, 
he started to give bad remarks and threaten me! 

GTW only give me 7 days  defendant offer_page-0001.jpg

 

*Above documents already submitted to Public Trustee for investigation.
  1. 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?)
  2. 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?
  3. Is there any special arrangement discussed between the two lawyers before the 1st Hearing starts, which I'm not aware of?
Edited by Koh
add on last remarks
Link to comment
Share on other sites

Hi Mr Koh,

Thanks for sharing your experience on the forum re: car accident claim. 
I understand the situation being an act of careless driving in 2016 causing serious accident and injury to your person; thereafter in summary the legal proceedings, namely the conduct of the Lawyers involved in the case is not satisfactory. 

Please note that in a legal matter, lawyers cannot 'cross communicate' between each others' clients, i.e, Lawyer representing Client A is strictly not allowed to talk to Client B or their family; communication must strictly be in black and white under Company letterhead and always go through respective Lawyer. I've never seen before such nonsense as spread rumor to client's wife, use gmail to offer private settlement, or even threaten the client outside of Court.

As the basic legal principle of "Client confidentiality" is breached I suggest very clearly reporting this to the Singapore Law Society for their further investigation. 

Please note I do not have current active legal dealings within Singapore and above advise is only goodwill from experience in the industry some time (> 10 yrs) ago from the secretarial perspective. However I do not believe the basic principle of client confidentiality and basic expectations of professionalism from a Lawyer will ever change. 

Hope it helps & feel free to contact me if you ever find above discussion helpful. I understand why your frustration over so many years and the mistreatment of client lead you to create a blog but my suggestion is keep it confidential for the correct governing body to takeover. For sure there will be serious consequences to malpractise.

  • Like 1
Link to comment
Share on other sites

On 12/19/2021 at 5:52 PM, pinksheep said:

Hi Mr Koh,

Thanks for sharing your experience on the forum re: car accident claim. 
I understand the situation being an act of careless driving in 2016 causing serious accident and injury to your person; thereafter in summary the legal proceedings, namely the conduct of the Lawyers involved in the case is not satisfactory. 

Please note that in a legal matter, lawyers cannot 'cross communicate' between each others' clients, i.e, Lawyer representing Client A is strictly not allowed to talk to Client B or their family; communication must strictly be in black and white under Company letterhead and always go through respective Lawyer. I've never seen before such nonsense as spread rumor to client's wife, use gmail to offer private settlement, or even threaten the client outside of Court.

As the basic legal principle of "Client confidentiality" is breached I suggest very clearly reporting this to the Singapore Law Society for their further investigation. 

Please note I do not have current active legal dealings within Singapore and above advise is only goodwill from experience in the industry some time (> 10 yrs) ago from the secretarial perspective. However I do not believe the basic principle of client confidentiality and basic expectations of professionalism from a Lawyer will ever change. 

Hope it helps & feel free to contact me if you ever find above discussion helpful. I understand why your frustration over so many years and the mistreatment of client lead you to create a blog but my suggestion is keep it confidential for the correct governing body to takeover. For sure there will be serious consequences to malpractise.

Thanks and appreciate for your kind comments.

Link to comment
Share on other sites

  • 2 months later...
Posted (edited)
From The Straits Times 

Law amended to allow 'no win, no fee' agreements between lawyers and clients for certain proceedings

 

PUBLISHED JAN 12, 2022, 7:07 PM SGT
 
 
What about "lawyer's mistake" that caused their client in losing the actual amount of the accident's claim? 
Are they going to compensate the difference for their client's lost? 
Edited by Koh
Add link for the news
Link to comment
Share on other sites

Posted (edited)
Still waiting for the approval and finalization of my claim from Public Trustee is already more than 3 months.
Total delay since the accident started is more than 6 years 2 months(by end Mar. 2022)
I'm still serving the bank loan interest (almost 10k) for the legal fee due to the switching of my representing lawyer and also my spouse (non party) unnecessary extra legal fee! 
 
Thanks for the advised from one of the member of the SingaporeBike.Com , I'm not proceeding to complaint to the Law Society reason is Public Trustee is also under the Ministry of Law, which I already made my feedback to them. The Ministry of Law has all the relevant documents and all these departments is under one roof. The people that work there is also lawyers, they should know whether my case is a malpractices from these lawyers and whether the authority is going to take serious warning to these unethical lawyers is up to them.
 
 
Just wrote to Public Trustee  :15/03/2022 
 
 

MIL.jpg

Edited by Koh
Link to comment
Share on other sites

  • 1 month later...

CNA News

20 Apr 2022 12:38PM(Updated: 20 Apr 2022 01:31PM)

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

Link to comment
Share on other sites

Update : 27/4/2022 17:38
 

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!

Link to comment
Share on other sites

  • 3 weeks later...

Just wrote to Public Trustee again:12/05/2022 

 

20220512_160651.jpg

 

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

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...