EXAMPLES OF FALSE REPRESENTATION
BY THE SECOND LAWYER (#2)
(Mr Kevin Phillips of Queenstown)
Letter written from Lawyer #2 to an individual I had complained to about the lack of help I was experiencing from the Southland District Law Society in April 1991
He said, quote:
"We can advise that the calculations show she has suffered losses well in excess of $100,00 without considering matters of stress to Mrs Trevathan compensation for the period of time she has been out of her funds the anxiety and worry caused."
On the 22nd November 1991 he told me the Defendants has paid $34,000 into Court.
He said that if I did not accept that sum and was awarded less by a Judge, then I would be liable for the defendants' costs, witnesses, my own costs etc.
I said "No!" to that amount! I was shocked to hear such a low offer and meant to go to Court again.
He said; "If we are totally successful, all right? We get $230,000 all right? OK? On the 24 December by cheque."
I said: "It's more than that when you add it all up." [Which he was meant to be doing over the years].
He said: " All right - plus costs, plus interest, and everything else, say we get a cheque for $321,488.52 alright?"
I said: "That sounds more like it!"
He said: "OK! And we we get that cheque and it's sitting there, and what would happen is that (the) Legal Aid Committee would have a charge against those funds," etc
...The point is he was speaking of a sum of money he knew was:
a) more appropriate to what I was owed,
b) what he was meant to have been itemising for the Statement of Claim for Court, and
c) what he was meant to have had prepared for SDLS back in June 1987, when he was legally
asked for quantification of my losses as promptly as possible.
23 November 1991: A nightmare of an appointment with Lawyer #2.
He said I might not get Legal Aid because in refusing a Court offer of $34,000, they might decline to part out for someone who refused a Court payment. Much pressure was put on me by him to accept that payment.
Plus, a whole year earlier on the 8th November 1990, I had filled out an application given to me by him, for Legal Aid as I had run out of funds to keep paying him. I had been led to believe that Legal Aid had already been granted to me.
On the third day of the Trial I was given a letter on the way into Court by Lawyer #2, stating that regarding
The $34,000 that had been paid into Court, quote:
"We discussed the ramifications that would follow if a Judgement awarded in your favour less that the $34,000,
...etc. Further on: "We discussed briefly with you on Thursday evening, 28th November, that the writer believed he could "screw up" the offer to $50,000 we believe that if we are able to do this the offer of $50,000 should be accepted." Further on: " We can advise that Legal Aid has been granted to you."
All this on the third day into the Trial!!!
Page 131 of the Court Transcript, Lawyer #2 said: "The losses claimed by the Plaintiff are quantifiable."
Yet he NEVER quantified them for the Statement of Claim for Court as he knew he needed to do for me to be able to be awarded my true losses! Instead he tried to pressure me into accepting firstly the $34,000, secondly $50,000, and finally the $28,000 with no interest awarded in Judgement (May 1992)
...until I queried that - which took that amount to $37,098.86 - a little more than what the Defendants had paid into Court.
Later, knowing I was trying to get a re-trial, he allowed my Appeal time limit to expire before informing me that the Judgement had been sealed! As a result, I had no appeal time left!