|
The Dominion Post
October 26, 2002
Law firm escapes charges
by Marianne Betts
A Christchurch law firm under fire for sending out leaflets offering
to help claimants of sexual abuse gain lump-sum payouts has escaped charges.
The Canterbury District Law Society found that an inquiry into Wakefield
Associates' controversial campaign was "justified in part but not of
sufficient gravity to warrant the laying of a charge".
The leaflets, which offered to help sexual abuse victims claim up to $175,000
from ACC in return for a commission from any payout, created a public storm
earlier this year.
The leaflets were distributed before a law change on April 1, which enabled
people who have been sexually abused to get cash payouts from ACC without
having to complain to police.
The society's complaints committee investigated 14 complaints -- one received
from ACC, one from the Labour Department and 12 from individuals in different
parts of New Zealand.
Concerns included that the campaign could encourage false complaints, that
the solicitation of business in an area so sensitive had been conducted in an
intrusive and insensitive fashion and that the leaflet was misleading.
Solicitor Garry Wakefield said more than 4400 inquiries had been lodged by
people who wanted the firm to investigate their compensation claims, the
decision said.
The committee said in its findings to ACC that it could not ignore the fact
that more than 4400 members of the public responded positively to the pamphlet.
"Although the subject was no doubt distasteful, perhaps reviving painful
memories, they did not find the pamphlet obtrusive or objectionable. It is a
fair inference that these people have been triggered into action, having been
informed of their rights, to pursue a claim for monetary compensation."
However, because the inquiry was justified, the committee ordered Mr
Wakefield to pay $750 plus gst to the society toward the costs of the
investigation.
Mr Wakefield said the firm had been acting for victims of sexual abuse for
many years and was repeatedly discovering that ACC was not properly advising
them.
|
