RR Phantom
Location : Wasted Space Job/hobbies : Cayman Islands Actuary
| Subject: OZschwitz: Law firm scamming accident victim Wed Jun 18, 2008 7:44 pm | |
| KEDDIES law firm has been ordered to repay a former Blacktown butcher $85,000 after a cost assessor appointed by the Supreme Court ruled that the firm's initial bill was excessive.
Two years ago Keddies refunded $50,000 to Chris "Wombat" McGrath, after he queried the size of his bill.
This week the cost assessor Richard Gulley ruled that a fair and reasonable bill should have been $142,000 rather than the $228,000 Keddies charged Mr McGrath.
"The sum of $85,581.26 is to be repaid by the practitioner," said Mr Gulley's determination. The law firm has indicated it will appeal.
The order to refund $85,000, along with the $50,000 already repaid to Mr McGrath by the firm, represents almost 50 per cent of the initial charge by Keddies.
The Herald reported on Saturday that Keddies deducted $278,000 in legal fees and expenses from Mr McGrath's $650,000 payout.
The 27-year-old suffered numerous fractures and brain damage when a van collided with his motorbike as he was riding to work in 2003.
The insurance company admitted liability and, in an out-of-court settlement, agreed to compensate Mr McGrath $650,000 in November 2006.
Surprised by the size of the law firm's legal fees, Mr McGrath requested an itemised bill. He claims that within an hour of his request Keddies had rung to say there had been a mistake with his bill and that he had been overcharged accidentally.
In a letter to the Herald, the firm said its lawyer had been working on two major cases at the same time and that some charges from the other case had been put onto Mr McGrath's bill by mistake.
"After the settlement, however, while the bill was being prepared for Mr McGrath, anomalies started to appear," said Keddies. The firm said it refunded the money voluntarily.
Mr McGrath subsequently objected to more than $100,000 of charges from Keddies.
In his application to have his bill assessed, Mr McGrath submitted that in the bill of cost there were charges "which are clearly excessive, unfair and/or unreasonable".
Mr McGrath objected to charges for "research", at a $360 hourly rate. Objections were made to delegating tasks to clerical staff who then billed at a solicitor's rate.
"This is neither fair nor reasonable," his application stated.
A particular objection was made about the $8600 Mr McGrath was charged in photocopying expenses.
Keddies has 28 days to lodge an appeal against the decision.
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