Greg Sheppard Explains himself
Greg Sheppard
"I am Greg Sheppard, the lawyer the subject of the allegations made in this website Notwithstanding what you have read on this website, I have not rendered a fee for the opinion to the Forest Minister for K5 million, or for any sum at all.
The suggestion that I have charged K5 million kina for a 7 page advice is simply not true. Considering that I have not been paid any money whatsoever for this matter, the allegation that I have split this fee with the Minister is also not true. I have decided to personally confront these slurs by setting out the facts of this issue and posting them on this website. In doing so, I do not intend to cower behind the anonymity of a hosted blog, or a handle, the way those making these allegations have done. Also I am happy to respond to bloggers’ polite queries about this issue if you want to email me on queries@ynw.com.pg.
These are the facts.
1. If you look carefully at the published Invoice, it makes reference to an “attached letter dated the 3rd of December 2009”.
2. In paragraphs 33 to 43 of the letter of 3rd December 2009, I provided my client with certain advice (as I was requested to do) estimating the costs of anticipated litigation which has been threatened against him, the State the Forest Authority and the Board.
3. The damages likely to be sought against the Defendants, including the State will be hundreds of millions.
4. I concluded that these legal costs would be substantial over a three or four year period of litigation taking into account Senior Counsels’ fees Junior counsel’s fees Solicitor’s costs travelling and accommodation forensic consultants etc.
5. I also recommended that urgent preliminary or preparatory steps be undertaken in the meantime to protect the Defendants’ position.
6. I have recently reviewed that advice and confirm that these estimates are reasonably accurate.
7. As is the usual practice of lawyers involved in litigation where substantial sums of money will be disbursed on behalf of the client for consultants, barristers etc, I require a substantial sum of money to be deposited into my trust account to cover such expenses.
8. In this case, the need to be covered for such outlays was apparently acute and urgent. Accordingly, at paragraph 43 I wrote, “Can we suggest that you put us in funds to the extent of say K5,000,000 so that we can immediately brief counsel and obtain their urgent advice. “
9. Again, as is the usual procedure, I enclosed a pro forma invoice in this sum for the purpose of bringing these funds into my trust account. Trust Accounts are operated by lawyers, but the money in them remains the property of the client.
10. Payments from most commercial organizations including my client can only be made on such documentation.
11. I reiterate this invoice was not a fee for the 7 page opinion; it was a pro forma invoice to facilitate a payment into my trust account to cover anticipated costs, fees outlays and other disbursement should I be engaged to conduct this litigation.
12. Since delivering my advice, I have been requested to attend meetings of the National Forests Board, and the National Executive Council to speak to and answer questions about my advice. Neither of those bodies were in any doubt about the true nature of my pro forma invoice.
13. Since attending a cabinet meeting in February or thereabouts, I have heard nothing further concerning this matter, although there was a relevant article in the press this morning.
14. As at the moment of writing this post, I have not received any payment whatsoever regarding this matter.
Finally, I have made copies of the supporting documents referred to in this blog to the Post Courier."
"I am Greg Sheppard, the lawyer the subject of the allegations made in this website Notwithstanding what you have read on this website, I have not rendered a fee for the opinion to the Forest Minister for K5 million, or for any sum at all.
The suggestion that I have charged K5 million kina for a 7 page advice is simply not true. Considering that I have not been paid any money whatsoever for this matter, the allegation that I have split this fee with the Minister is also not true. I have decided to personally confront these slurs by setting out the facts of this issue and posting them on this website. In doing so, I do not intend to cower behind the anonymity of a hosted blog, or a handle, the way those making these allegations have done. Also I am happy to respond to bloggers’ polite queries about this issue if you want to email me on queries@ynw.com.pg.
These are the facts.
1. If you look carefully at the published Invoice, it makes reference to an “attached letter dated the 3rd of December 2009”.
2. In paragraphs 33 to 43 of the letter of 3rd December 2009, I provided my client with certain advice (as I was requested to do) estimating the costs of anticipated litigation which has been threatened against him, the State the Forest Authority and the Board.
3. The damages likely to be sought against the Defendants, including the State will be hundreds of millions.
4. I concluded that these legal costs would be substantial over a three or four year period of litigation taking into account Senior Counsels’ fees Junior counsel’s fees Solicitor’s costs travelling and accommodation forensic consultants etc.
5. I also recommended that urgent preliminary or preparatory steps be undertaken in the meantime to protect the Defendants’ position.
6. I have recently reviewed that advice and confirm that these estimates are reasonably accurate.
7. As is the usual practice of lawyers involved in litigation where substantial sums of money will be disbursed on behalf of the client for consultants, barristers etc, I require a substantial sum of money to be deposited into my trust account to cover such expenses.
8. In this case, the need to be covered for such outlays was apparently acute and urgent. Accordingly, at paragraph 43 I wrote, “Can we suggest that you put us in funds to the extent of say K5,000,000 so that we can immediately brief counsel and obtain their urgent advice. “
9. Again, as is the usual procedure, I enclosed a pro forma invoice in this sum for the purpose of bringing these funds into my trust account. Trust Accounts are operated by lawyers, but the money in them remains the property of the client.
10. Payments from most commercial organizations including my client can only be made on such documentation.
11. I reiterate this invoice was not a fee for the 7 page opinion; it was a pro forma invoice to facilitate a payment into my trust account to cover anticipated costs, fees outlays and other disbursement should I be engaged to conduct this litigation.
12. Since delivering my advice, I have been requested to attend meetings of the National Forests Board, and the National Executive Council to speak to and answer questions about my advice. Neither of those bodies were in any doubt about the true nature of my pro forma invoice.
13. Since attending a cabinet meeting in February or thereabouts, I have heard nothing further concerning this matter, although there was a relevant article in the press this morning.
14. As at the moment of writing this post, I have not received any payment whatsoever regarding this matter.
Finally, I have made copies of the supporting documents referred to in this blog to the Post Courier."
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