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Mr. M 是个车祸受害者，他的律师 Braithwaite Boyle 强迫他退出治疗导致他的右手指关节都已经变形了，右手腕肿胀。他的律师还要求车祸的受害者自己付医药钱和轮椅钱，并且为了减少给他的赔偿费用，律师欺骗他说他有肺结核很快就会死了，在计算他的未来工作年限时只给他计算到59岁! 而法律规定退休年龄是67岁。
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2 Y, l) b% ?0 o4 V6 xNever choose Braithwaite Boyle. G' v" ]7 n+ t
Lawyer: Stephanie J. Thomas Law Office: Braithwaite Boyle Client: M
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+ ~) x2 v* M- g' B! YBraithwaite Boyle failed to be a professional legal representation and respond to its client’s faxes and emails. Braithwaite Boyle neglected its client’s health and interests.
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4 {6 D, S# x& F% @* r9 r- @2 s1. Braithwaite Boyle presupposed there was no need for its client to go to therapy. Braithwaite Boyle forced its client to quit his physical therapy.
5 J, j3 [$ d1 I/ |1 r! U" jFACTS: After Mr. M was forced to quit his physical therapy, it began to cause further injuries and degenerative changes. His right hand’s finger joints have deformed obviously and greatly. 0 C/ e$ W% k3 ?) I% t
1 y& b! h9 e. m2. Braithwaite Boyle presupposed that its client pretended to have headache. Braithwaite Boyle said its client pretended to need to be on wheelchair.
& D$ x2 f# B: B7 G' OFACTS: Mr. M is usually housebound like a prisoner due to his disability. Mr. M cannot stand up when falling down. Mr. M can’t sleep on his stomach and on his right side. Mr. M can’t move without a cane or wheelchair. Mr. M almost can’t bend only at the waist to the right. Mr. M almost can’t turn body from waist toward right. Mr. M can’t turn right palm facing upwards. Mr. M can’t turn right palm facing forwards. Mr. M has 2 dents in his right forehead. Mr. M also has a hard bump on the back of his head.
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. u1 {. r A( I: h( `0 I3. Depending on its judgement, Braithwaite Boyle told its client he had severe tuberculosis and would die in near future. Braithwaite Boyle’s statement upset its client completely, and its client was seduced to sign something.2 V5 K) @7 g8 E5 u% B
FACTS: Mr. M visited his family doctor and confirmed that he has no tuberculosis at all. We doubt Mr. M will get a professional legal representation from Braithwaite Boyle.. X( y- v7 a3 ]; L! m5 z' o- S5 ?
8 S3 k( j* ^3 x* @1 n, F4. Braithwaite Boyle said its client’s future work life expectancy could only be through to age 62. Braithwaite Boyle told its client that was the best offer.
0 k$ [' z! p3 W% g8 {- |4 j4 lFACTS: Braithwaite Boyle made a lot of errors in its calculation for Mr. M’s settlement. For example, it is well known that a person should retire at age 67, but Braithwaite Boyle irresponsibly said Mr. M’s future work life expectancy could only be through to age 62 without any reasonable explanation.
+ u) V" D6 h d$ s+ Z3 S8 ?+ w2 CEven only the shortage of 5 year income $278,640 is more than the money Mr. M could receive from his settlement. (According to Alberta Wage and Salary Survey, the overall average salary (annual) of electrical and electronics engineering technicians in Alberta in 2011 is $69,660. (Age 67-Age 62) x $69,660 per annum equals $348,300. Converting this figure from gross to net, utilizing a tax rate of 20% or 0.8 x $348,300 = $278,640): T7 G7 k" V8 u% R
( ?4 A& C0 Z( ?1 r( J+ z' e5. Braithwaite Boyle still deducted its client’s AISH benefit of $1,152.00 per month, or $13,824.00 per annum for 14 years, that was $156,211.20 in total, when Braithwaite Boyle calculated its client’s LOSS OF FUTURE EARNINGS CAPACITY.
1 J6 y( Q* b, |: ]FACTS: We have told Braithwaite Boyle many times: After Mr. M gets settlement, his AISH benefit will be $0 per month, or $0 per annum. We contacted AISH and confirmed it. However, utilizing a discount factor of 3% (multiplier 11.3), the total deduction of AISH benefit for 14 years made by Braithwaite Boyle has a present day vaMe of (11.3 x $13,824.00 =) $156,211.20
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6. Braithwaite Boyle said its client’s English is poor and cannot be an engineer.
. Y1 @6 S2 k5 f8 sFACTS: Before Mr. M was accepted by the Engineers' and Technologists' Integration Program (ETIP), his English level had been tested by CLBA - the Canadian Language Benchmark Assessment. That is the official English proficiency assessment. And his professional skills were also examined by professionals of NAIT. % K: R7 X- i8 B- [; ]
Mr. M’s English level had also been proved by IELTS which is the world’s leading test of English for higher education, immigration and employment. Mr. M met the IELTS score requirement for Canada immigration before he immigrated to Canada.
- p3 |+ y1 j! M1 g# ZMr. M’s English level was also proved by his academic achievements. In 2005, Mr. M attended the IASTED International Academic Conference ISC 2005 in USA and presented his English paper which was indexed by EI Compendex. In 2007, Mr. M not only attended the IASTED International Academic Conference PES 2007 in USA and presented his English paper, but also chaired a session in PES 2007 in USA.
" R4 F! G+ N2 H/ {Apparently, Mr M’s English level as well as his professional skills and academic achievements on his major are much higher than Braithwaite Boyle’s imagination. ( `$ X% A! g) b% `1 c
, z7 z: Q _3 @9 _; U: E4 c) j( u7. Braithwaite Boyle stated its client has to pay monthly medication and further treatment himself.) ^5 M/ P8 e. q. f. O1 H1 t
FACTS: Mr. M was a healthy person before car accident. Now Mr. M needs monthly medication for his pain, depression and insomnia. When Mr. M was forced to quit his only physical therapy, further injuries and degenerative changes appeared. His right hand’s finger joints have deformed obviously and greatly. As a victim of car accident, Mr. M has to pay monthly medication and further treatment himself, is it fair?$ l3 G+ @. q. N
1 b1 i: q1 e- @# B2 i$ \5 K, x8. Braithwaite Boyle stated its client has to pay wheelchair, cane, bath aids himself." k) Z; M- @$ d9 G* i! w
FACTS: Mr. M was a healthy person before car accident. As a victim of car accident, how come Mr. M has to pay wheelchair, cane and bath aids himself, is it fair?
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+ v1 J3 B7 n/ n5 B# y: C3 p2 P8 h) ~( e9. Braithwaite Boyle stated its disabled client can get a job at 20 hours per week and $20.00 per hour or $20,800.00 per annum.' Q+ C9 u8 Z! L G, r- i$ Q
FACTS: How can Braithwaite Boyle get the prediction? Many healthy people cannot get a job at $20.00 per hour. The health situation of Mr. M is that he cannot stand up without someone’s help when falling down, and Mr. M is usually housebound like a prisoner due to his disability. Mr. M can’t sleep on his stomach and on his right side. Mr. M can’t move without a cane or wheelchair. How could Mr. M get a job at $20.00 per hour?
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10. Braithwaite Boyle failed to respond to its client’s faxes and emails according to its client’s requirements.
8 X4 W1 Y; R( K6 _7 nFACTS: We faxed to Stephanie J. Thomas on Oct. 7 2011, emailed to Stephanie J. Thomas on Oct. 10 2011, emailed to Stephanie J. Thomas’s assistant Rita Garland on Oct. 10 2011, and emailed to Stephanie J. Thomas & her assistant Rita Garland on Oct. 31 2011, faxed to Stephanie J. Thomas on Dec. 23 2011, and emailed to Ken Braithwaite, Stephanie J. Thomas & her assistant Rita Garland on Dec. 23 2011. In these faxes and emails, we told Braithwaite Boyle its mistakes, and formally requested a formal written response letter. Up till now, we have not received any written response. Braithwaite Boyle shows no intention to fix its mistakes.
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Although we are unable to determine that Braithwaite Boyle’s unskilled practice is due to its negligence, wilful misconduct or lack of good faith, Braithwaite Boyle’s unskilled practice and failing to protect its client’s interests are serious. When skilled practice is not delivered, Braithwaite Boyle has failed its client and its profession which casts doubt upon the profession’s integrity. We take a dim view of Braithwaite Boyle’s professional ethics. + r0 P3 {! A0 S2 {# V! B
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狗仔卡
发表于 2012-7-28 09:02
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楼主
发表于 2012-7-30 10:54
