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Philip Schmidt Areas of Practice: Accident Injury (ACC)

#1 User is offline   Alan Thomas 

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Posted 22 June 2007 - 03:47 PM

Philip Schmidt
Street Address Level 5, Campbells Building
16 High Street
Auckland

Postal Address PO Box 2569
Shortland St
Auckland

Phone: 09-379 4986
Fax: 09-303 4722
Areas of Practice: Accident Injury
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#2 User is offline   Gloria Mitchell 

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Posted 22 June 2007 - 10:24 PM

Phil has a good level of expertise in the historical cases where long term claimants need help.

IMHO Gloria.
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#3 User is offline   Sparrow 

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Posted 22 June 2007 - 10:45 PM

:) Mr Thomas, are you advertising?
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#4 User is offline   Hardwired 

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Posted 23 June 2007 - 01:17 AM

well mr thomas.
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#5 User is offline   Al9lifes 

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Posted 23 June 2007 - 08:56 AM

Phil is not set up for Legal Aid.

Which can be a issue for many lower income folks.
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#6 Guest_mini_*

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Posted 23 June 2007 - 09:03 AM

But does he take a % of a win?? As Mr Millar does??
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#7 User is offline   Alan Thomas 

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Posted 23 June 2007 - 10:30 AM

Sparrow and hardwired this issue regarding the listing of advocates and support groups has been well canvassed. We are all reasonable and rational people knowing the difference between this section and advertising. Phil Schmidt almost certainly does not want advertising nor needs advertising. This section is designed to provide people awareness.

As you can see on my posting I have not commented on whether or not Mr Schmidt is good or bad because I have had no direct dealings with him except to talk on the phone with him a couple of times. I have left that to others who have had dealings with him who can best describe his level of competence.
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#8 User is offline   Spacecadet 

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Posted 23 June 2007 - 11:39 AM

I have not had any dealing with Mr Schmidt, but from hearsay, he has a very good reputation.

I fully endorse ACC advocates and lawyers contact details being listed on this forum. It does not come under the description of advertising, and is in fact necessary information for any ACC claimant. Those bitching about advertising - get a life!

For those thinking of legal representation in dealing with ACC, which I strongly recommend, I have posted the following comments as a reality check:

Legal Aid.
Legal aid for ACC is at a lower hourly rate than usual legal aid - and is more difficult to obtain, and now has to go through a special ACC unit in Christchurch. It is quite understandable why most lawyers will not take on ACC work on legal aid. Like any beneficiary - they would slowly starve if this was their sole income.
My lawyer will be working on legal aid, however it has cost me $2,000 to get him to this point. He is only doing my case as there are higher legal principles involved (ACC and PIs acting outside all perscribed legislation), my case will set legal precedence, and I do all the spadework myself.

Working on a percentage of winnings.
While this may be common for advocates in lesser courts (tribunals), the District Law Society has strong views on this practise and in reality it generally does not happen in NZ Courts - only on TV and in America

So - use a layer when dealing with ACC, lawyers need to live, so expect to pay your money, and a case on appeal in the Distinct Court could cost you $20,000.

Meanwhile - use the resources of this forum, and dont shoot the messenger!
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Posted 24 June 2007 - 11:11 AM

Spacecadet

I agree you need a lawyer for Fraud. However as far as some of the run of the mill stuff is concerned I do not think it is necessary or in some instances wise.

Why??

No one knows our case like ourselves!! Lawyers don't have the manpower to actually spend, getting the background together etc. We should allow the lawyers in the community law office to go back to taking ACC cases. Advocates appear to have taken their place. Groups of people in different towns to be able to do the 'donkey work' (as you are doing for your lawyer), to pass it on to those to present it in Court, WITH the input of how it is presented from the claimant.

Like Warren has been doing for a few.

I presented my own case to the High Court, and even though it was a very horrowing experience, the Justice listened, and made very fast decision and I got my way put on paper to assist me in any future procedings.

Their were not any big boogie men trying to trip me up, or catch me out, but then it was pretty straight forward on one issue.

Most people are bright enough to take a one issue case to Review or Court with a bit of input and support from others, who have been there, done that.

It would be interesting to see how many people stop fighting because they do not have the money to carry on. Money to pay a lawyer should not be a reason to stop fighting. One thing we had that we did not have pre accident, is 'more time', to read, to learn, to educate ourselves.

Of course I do not forget those with 'brain injuries' etc, who cannot do this for themselves, but others can. Like Tonyj etc. And well done all of you helping each other.

Cheers
Mini
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#10 User is offline   Limoges 

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Posted 02 August 2007 - 11:22 AM

I think those on the Forum should be careful about questioning others regarding 'advertising'. Had it not been for this Forum and the valuable information given within various posts, I would not have become aware of Philip Schmidt who is, by the way, a very competent ACC Lawyer.
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#11 User is offline   Alan Thomas 

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Posted 02 August 2007 - 12:42 PM

Limoges I hope you now appreciate the difference between posting the identities of those who were competent, or not, with discussion by end users as opposed to self promotion (advertising). Can you spot the difference?
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#12 User is offline   Spacecadet 

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Posted 02 August 2007 - 12:51 PM

Good to see you found a lawyer that knows the ACC law.

I do not agree with Mini that you only need a lawyer if you are accused of fraud. In every case I believe there is the potential for ACC to commit fraud, and thus a lawyer is needed.

My lawyer (name withheld) is a very good barrister, and he is very honest. He admits that not many lawyers, himself included, are competent in ACC cases. He put this down to the fact that the Act has been changed every 5 years, and thus no case law has become established. Secondly, in his experience, ACC are very difficult to deal with in that they tend to ignore the due process of law, and thus cases tend to become unnecessarily long and tedious. Thirdly, most claimants are on ERC or a benefit, and thus are reliant on legal aid. The legal aid granted for ACC cases is less per hour than that paid for civil of criminal cases.

All legal aid applications for ACC matters are routed through one person in Christchurch, and after consultation with ACC legal aid is either granted or declined; and if granted the number of hours are limited. As you can expect in any system funded by the Government and controlled by ACC, no lawyer could earn a living doing ACC work on legal aid.

I am currently in receipt of legal aid for a civil matters, but have been declined legal aid for ACC appeals. My lawyer only continues because he believes I have a very strong case which will eventually set a precedent in the High Court.
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#13 User is offline   Alan Thomas 

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Posted 02 August 2007 - 01:14 PM

Space cadet you appear to be suggesting that The Legal Aid Agency consults with the ACC (legal services) to determine the viability of a claimant's case prior to agreeing to provide legal aid. "..and after consultation with ACC legal aid is either granted or declined..." Did I read that correctly?

This would appear to be extraordinary, a scandal, outrageous. You are able to provide some supportive information regarding what I perceive to be your observation?

Legal aid formed the opinion that I would not be entitled to ERC if I had been working and therefore decided to limit pre-trial funding to five hours. I am wondering if legal aid checked with the ACC before limiting my legal aid!
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#14 User is offline   sebel1 

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Posted 28 October 2009 - 07:33 PM

Kia Ora every1, I am very new so please have patience with me....Phil Schmidt is currently acting as my acc lawyer he is knows his stuff and he is brilliant I would 100% recommend him to every1!!thanks
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#15 User is offline   Moeroa 

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Posted 18 April 2010 - 05:00 PM

View Postsebel1, on Oct 28 2009, 09:33 PM, said:

Kia Ora every1, I am very new so please have patience with me....Phil Schmidt is currently acting as my acc lawyer he is knows his stuff and he is brilliant I would 100% recommend him to every1!!thanks


Six months on, did you get any where?
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#16 User is offline   jocko 

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Posted 19 April 2010 - 09:19 AM

Hey hang on accsux. If the law society has set up an ACC committee with such prominent names it could be a good thing. Phil Schmidt was recommended to me by Peter Sara. Maybe they are going to do something good?
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#17 User is offline   fairgo 

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Posted 19 April 2010 - 09:42 AM

Doesn't sound lilke the Phil Schmit I'm aware of????? Perhaps you have the wrong person ACCSUX?
I also have to say that the names on the ACC committee of the law society are certainly not as you say, from my experience, and that of others. In fact most of the names on there continually stick their necks out where ACC is concerned.... and I am sure that that list of lawyers are probably not on ACC's Christmas list.
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#18 User is offline   MINI 

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Posted 19 April 2010 - 09:49 AM

Jocko

Hazel Armstrong is going to be in Wellington at meeting on 1st May.

Someone should stand up and ask her if she thinks her place in the boardroom, sits well as a lawyer collecting a fee to allow a perfectly right outcome for a disadvantaged ACC claimant, who she is supposed to be there to protect anyway.

But then again it is right the old saying: its best to keep your friends close, but your enemies closer.

Yep right!! You could swing it either way couldnt you??

I thing Hazel is actually on the board of ACC. Anyone got the new board members put up by this govt.

Can we have a list please. It would not be the first time I have seen ACC campion lawyers get a seat on the board. Was at least one there in the labour time in office.

Mini
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#19 User is offline   MINI 

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Posted 20 April 2010 - 12:35 PM

Has anyone got a list of the up to date board members for ACC.???

Mini
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#20 User is offline   Anti Bureaucratic 

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Posted 20 April 2010 - 12:59 PM

Mini, try Page 60 of the annual report
http://www.acc.co.nz/PRD_EXT_CSMP/groups/e..._ctrb118047.pdf
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