About Don't Hire Brett Gibson
Make an Informed decision when hiring legal representation!!!
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
DONTHIREBRETTGIBSON.COM, is a forum to discuss “ Brett Gibson” (in compliance with "H.R. HIRE5111-Consumer Review Fairness Act of 2016") an attorney (and public figure due to the numerous self-published social media videos currently on numerous social media platforms on the internet) from Lafayette, Indiana with offices located (accordi
DONTHIREBRETTGIBSON.COM, is a forum to discuss “ Brett Gibson” (in compliance with "H.R. HIRE5111-Consumer Review Fairness Act of 2016") an attorney (and public figure due to the numerous self-published social media videos currently on numerous social media platforms on the internet) from Lafayette, Indiana with offices located (according to his website) in Lafayette, Bloomington, Muncie & Anderson, and Fort Wayne Indiana. We will share our experience with this attorney complete with documented communication both written and recorded.
If you aren't aware Indiana is a 1 party state and you have a right to record all communication with your attorney and its best that you do to protect yourself and your investment.
We are looking for other past clients to share their honest opinion of this attorney. We look to investigate if he is misrepresenting his dedication to your case and properly and dutifully providing adequate legal representation as he his mandated by his oath and not just a "Plea Bargain Mill."
I will be sharing our experience with him after retaining him for $15,000 along with the promises he made to me, when I retained him and he promised he would "Personally" handle and represent my mentally handicapped son throughout his entire case and not one of his two far lesser experienced intern attorneys that he employs that are recent graduates from the Indiana University of Indiana Law School, which I insisted before I paid him.
We will discuss how an attorney could give the proper/contractual attention to your legal defense when he is representing numerous clients simultaneously in 4 county courts in 4 different counties with locations hours away from each other.
Fort Wayne, IN is 114 miles or 2hrs 17mins from Lafayette, IN
Bloomington, IN is 112 miles or 2hrs from Lafayette, IN
Muncie, IN is 110 miles or 2hrs from Lafayette, IN
Along with representing clients in (according to his website) the following cities/counties:
- Fowler, Benton County
- Delphi, Carroll County
- Frankfort, Clinton County
- Crawfordsville, Montgomery County
- Logansport, Cass County
- Williamsport, Warren County
- Monticello, White County
- Newport, Vermillion County
- Paoli, Orange County
- Muncie, Delaware County
- New Castle, Henry County
- Anderson, Madison County
- Fort Wayne, Allen County
- Huntington, Huntington County
- Noblesville, Hamilton County
For example... Lets say an attorney just gets 4 new clients a month at each of the 4 locations and each case takes approximately 3-4 months to resolve, that would mean at any given time he/she could be handling 64 or more active cases.
How much attention and effective representation could he possibly be giving to your case?
And if this is how I was treated after paying him $15,000 just imagine how one might be treated paying him $3,000!
I will also share his resistance to provide "timely" and "complete disclosure" (both written and video) to my son of "all available discovery" provided by the state pertaining to his case so he could make an informed decision on how to proceed.
Never only look at the "Positive Reviews" they can be deceptive. Anyone of the persons friends, relatives or colleagues can write them. Always filter by the "Lowest Reviews" only then will you get an overall view of an attorneys diligence and dedication to his/her profession.
Here are a few of Mr. Gibsons "Negative Ones" taken directly from his website www.bbgibson.com
and various other review websites.
Apryl L. Louisville, KY01Jun 24, 2024
- Do NOT use this office! Was passed to 3 different attorneys after my case had to be continued. Was given a very inexperienced attorney "Ashley Fleetwood" who the judge had to correct her twice abd what she had me read, he had to have stricken from the record. They don't respond to voice mails, portal messages or emails in a timely fashion (more than a month and still no response) the person who ALWAYS answers the phone is very unprofessional, rude and argumentative. Save your money and pay half the price for a good attorney.
Q We........Only communicated via portal, which was helpful in some ways to keep documents organized, but rarely took the time to reach out and to understand my situation. Megan bolt did not go above or beyond for any measure, especially with fact i had a biological specimen taken in the hospital and did not even care to investigate if it was handled properly.
When I called the office, it was always met with a rude tone/I was not afforded the opportunity to understand what was happening with my case fully; I was just given an excuse.
I did not feel like Megan Bolt and the office did their due diligence in my case.
Jared H 227 reviews.....Set up a date and time for a consultation about a shady ticket I received from an ISP officer and never received a call on the scheduled day or even days after. Tried contacting several lawyers in Lafayette and they all So I had to "admit and plea" to something that was false and pay a ticket and get points on my license because I couldn't get a lawyer in time before the court date. Thanks for nothing!
Keith Collier...... Just took my money and didn't do anything for me. Pretty much could of Represented myself and still got the same charges and fines. Just a waste of money if you ask me.
Gene (Gene)298 reviews......
Attorney showed up to court late and unprepared also did not have required documents needed
Didn't help my son at all.
Ted Moore100 reviews........Below average!!
Donna Payne 68 reviews......All about the money. Was good at responding at 1st then questions were not getting answered.
Roy Esco..... wouldn’t recommend this law firm to anyone especially of color you will hear good things from Gibson and be sent an totally different person of no skill as a fall guy who won’t even file a motion when the lie is exposed on paper definitely 3000 dollars wasted Victor Waters we still cool but I learned a valuable lesson just stay out the way of racist people and a racist system
Posted by anonymous | November 2, 2017
| Hired Attorney
Look Elsewhere for an Attorney
The attorney failed to come prepared. He didn't research the facts or present the required documents. I felt as though I wasn't even represented.
Ethan L.Edgewater, NJ254161Jun 26, 2013
I swear to God. DON'T GO HERE.
After all, I feel like I didn't get any help. They don't tell you what you did and, after a certain amount of time, they simply call you and say "it's time to give up"
Really? do you want to give out your life for this kind of lawyer?
In addition, they didn't even entirely explained me about all the fees and fines coming. Initally, Mr. Gibson told me even if I lose, I would end up paying only $500; however, there was OTHER $500 he or his assistant or ANYONE IN THAT OFFICE did not explained me about that all other fees. When I called his office to ask how this is happening or why he didn't explain that fee, only front desk lady answers and says 'no one, neither Mr. Gibson or his assistant, Adrew, is here.' I've called multiple times to call me back! and they never contact you!
Funny thing? he didn't have time to call me but he had time to generate pre-written, same old default thank you letter to you. I'm really impressed with how he handles it.
Anonymous P.West Lafayette, IN02Sep 28, 2014
Terrible lawyer, period!
Incompetent and deceptive!
I was charged with a minor alcohol related crime (Public Intoxication). Most people would get diversion in this case and do a few hours of community service, but I wanted to contest the charge since I though I was wrongfully charged. I spent over $1000 to hire this guy as the attorney to contest the charge. The only time I met him is before I paid the money. They took my $1k and I never saw the lawyer again. As soon as I paid him, he wrote me a letter through his secretary, that there's no point contesting the charge and that I should just take diversion. When i called the secretary she said I cant meet Brett because he is busy and she refused to give me an appointment at all, on any day.
What the heck did I pay the $1k for, if I was taking diversion????
Mind you that he unilaterally decided to get diversion for me, even though I was clear that I wanted to contest the charge since I was not on public property but on private property.
Hiring him as a lawyer, just added insult to the injury of getting charged.
He didn't even show up to court on the first hearing, thereby delaying even my diversion. BTW, my sentencing with him was harsher than most people would get. I got 12 hours of community service, most Purdue students get much less.
So in the end, this guy took $1000 for getting me a worse sentencing . What a waste of time and money.
He sure spends a lot of time and money on his social media, online presence and his website. Unfortunately Mr. Brett should be rather spending that time in helping clients
International students specially beware, Mr. Brett preys on people like you, since he knows you probably don't know the legal system very well and a charge or conviction at school can jeopardize you job prospects.
Now, I'm thinking... I haven't seen him since the day I paid for my case.
The elements of attorney malpractice are: (i) employment of an attorney which *1284 creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff. Fiddler v. Hobbs, 475 N.E.2d 1172, 1173 (Ind.Ct.App.1985).
ATTN: NO ASSERTION IS BEING MADE HERE ABOUT THE VALIDITY OF THESE REVIEWS THAT WERE POSTED ON MR.GIBSONS VARIOUS WEBSITES, WE ARE JUST POSTING WHAT IS CURRENTLY PUBLICLY AVAILABLE ONLINE.
If you have a few minutes read this tort that was brought against Mr. Gibson recently and see if you can see a trend developing.
Only verifiable information will be published such as documents, recorded phone conversations, written communication, etc. We will also be offering our readers an opportunity to join our “Class Action“ lawsuit that is fourth coming. We are in the process of hiring an attorney that specializes in “Legal Malpractice“ lawsuits out of Indianapolis to handle this malpractice tort.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
"MY PERSONAL REVIEW OF MY EXPERIENCE WITH GIBSON LAW OFFICE"
First of all let me introduce myself. My name is Fallon O'Brien. I am a father of two and grandfather of four. I am also a 24 year resident of West Lafayette, Indiana. My wife and I are both highly decorated retired U.S.A.F veterans.
I have a 39 yr old son that has developed
"MY PERSONAL REVIEW OF MY EXPERIENCE WITH GIBSON LAW OFFICE"
First of all let me introduce myself. My name is Fallon O'Brien. I am a father of two and grandfather of four. I am also a 24 year resident of West Lafayette, Indiana. My wife and I are both highly decorated retired U.S.A.F veterans.
I have a 39 yr old son that has developed "Schizophrenia" as a result of a severe head injury at the age of 16 when he was struck violently with a skateboard in the head intentionally by another boy. Since that time his symptoms have increasingly gotten worse. He is currently unaware of his surroundings at times and has little or no concept of societal norms. This causes him to be judged by society at large as odd and peculiar. Especially with law enforcement. Well he was accused of supposedly walking into someone's apartment and charged with "Breaking and Entering" and "Burglary." Well I knew that was preposterous and an obvious mistake. I immediately looked to hire him an attorney. Well I came across Mr. Gibson's web page and after reading his initial reviews he looked like what I was looking for.
It never occurred to me to filter the review results by the "Lowest" results, I completely had forgotten that "Bad Reviews" can be pushed down in the results by "Good Reviews" and that anyone with a Google "Gmail Acct" could make any organization look great. (I'm not implying this is the case with Mr. Gibsons reviews, just saying its possible and is done everyday.)
Well I decided to use Gibson Law Office for the defense of my son. I contacted the Gibson office and spoke with Mr. Gibson briefly and explained my situation and he confidently assured me he would take the case and abide by my one stipulation that "He would personally handle my son's case throughout" and not one of his less experienced associates who were both recent law school graduates.
Well he quoted me a price of $15,000 which took me back somewhat but I thought he must be worth it. Boy was I mistaken and I was about to find out over the next 8 months!
WARNING!!!
NEVER PAY A FLAT FEE FOR LEGAL SERVICES!!! ALWAYS DEMANDED TO BE BILLED BY THE HOUR! SCRUPLELESS ATTORNEYS PREFER THE "FLAT FEE" SO THEY CAN AVOID ACCOUNTABILITY!
My son relayed to me he only spoke to Mr. Gibson for approximately 2 minutes on video conference while he was incarcerated initially.
The only other contact from Gibson's Office was a couple of times and it was with an associate Mr. Conner Armuth. One of those times he tried to get him to sign a plea agreement that would plead him guilty of a level 4 burglary when there was zero evidence of an actual break in or a burglary having occurred and he refused to divulge any "Discovery" they had in their possession and are legally required to share with him. He has since been appointed a "Public Defender."
While being a nice guy, Mr. Armuth graduated from Law School in 2022 and according to his "Linkedin" he'd only been working for Mr. Gibson less than 60 days when I hired Mr. Gibson as my sons attorney.
Conners only prior experience as an licensed attorney after passing the Bar Exam was in the Tippecanoe County's Prosecutors office for 5 months! I assume making copies and checking case law for the other attorneys, I cant imagine he got much experience "Trying an actual case!"
My point is be aware when you hire this Brett Gibson character chances are you are more than likely hiring an inexperienced recent law school graduate from an Indiana law school ( who might have came in last in his class) to handle most if not all of your case. Sounds like "Bait and Switch" if you ask me....but I don't know the law just my opinion.
I'm thinking this is how ole Brett affords his $1,000,000 home in West Lafayette.
If I were a "SCUPLELESS" attorney the following would be my formula for success in 6 easy steps:
STEP 1: Hire recent graduates with no experience.
STEP 2: Pay them low wages and over work them with the promise of one day making them a full partner.
STEP 3: Advertise throughout the state to make yourself appear to be this large law firm.
STEP 4: Take the initial phone consultation reassuring the potential client that you will handle his/her case personally.
STEP 5: GET THE MONEY!!!
STEP 6: Move on to the next client.
WASH...RINSE...REPEAT!!!
The following is an example of what we've seen through the court records:
03/22/2024
Notice Issued
State appears by Gabrielle Rude, Deputy Prosecuting Attorney. Defendant appears by Connor Armuth (appearing for Brett Gibson). Status conducted. Parties affirm pretrial hearing of July 12, 2024, at 8:30 a.m. and jury trial of August 13, 2024, at 8:30 a.m.
Now what I'm getting at is this seems to be a pattern with Mr. Gibson according to past client reviews.
Now I don't know about you but when I layout $15,000 for an attorney I expect to get what I paid for. Especially when it comes to one of my childrens future!
To this day after more than 8 months, I nor my son have never met Mr. Gibson in person and never received as much as a phone call from him to discuss the case or strategy pertaining to my son's case. The only communication we have been provided is through their portal and even there when we've asked legitimate questions such as "May we view the available Discovery to include a supposed video recording that is the prosecutions primary evidence" we were met with no reply or curt responses. It wasn't until my son terminated his services did he provide those videos 8 months later, and after numerous requests, I assume because legally had to.
My purpose with this website is to investigate if certain attorneys are putting their best efforts in defending their clients that have paid good money for their expertise, or are they just working together with local prosecutors to funnel as many clients through the system giving the prosecutors effortless high conviction rates while the attorneys bilk their clients for thousands of dollars with half-hearted defenses and pushing "Pre-Packaged" plea bargains.
Now I'm aware that most attorneys are honorable and diligent in the performance of their trade, but there are a few bad apples in the bunch that need to be exposed like any other profession and they must be weeded out.
The "Legal Profession" is not the place to be an "entrepreneur!" If you desire that then produce a product, don't try to make it off the backs of people that might have made a mistake or falsely accused.
They deserve an honest effort.
If I'm feeling this way, there must be multitudes of people in the same boat when it comes with dealing with these small town attorneys. My mission is to help the "Little Guy/Gal" who feels like he/she has been taken advantaged by a small number attorneys.
We will start with Mr. Gibson first and we will offer our system of review to others. You no longer have to remain silent.
This website is not designed to "Impugn" of "Defame" Mr. Brett B. Gibson, it is just an investigation tool that's necessary to obtain the honest opinions of past clients in compliance with "H.R. 5111-Consumer Review Fairness Act of 2016."
We will promote the websites
through and array of available methods like Google Ad words, Yelp, Facebook, YouTube, Instagram and TikTok.
This website will remain up and running in perpetuity and updated continually as more information about this attorneys practices come to light from past clients and possibly past employees. If I can help 20-30 prospective clients a year make an informed decision about their legal representation then my free public service efforts will be well worth it.
You may also get to this site using the URL's
Now this website in no way intends to imply that Mr. Brett Gibson is one of these despicable attorneys or doesn't perform at the best of his ability with honorable intentions, he might be a great attorney and I'm completely wrong even though my experience with him (and evidently others, listed in the comments shown) hasn't convinced me otherwise.
Again these are solely my opinions of my experience and not to be taken as fact in any way. This is just a simple website for past clients to give their opinion of their experience with the service they received with Mr. Gibson. You be the judge and form your own opinion, that's what the websites for..
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
"MY PERSONAL REVIEW OF MY EXPERIENCE WITH GIBSON LAW OFFICE"
First of all let me introduce myself. My name is Fallon O'Brien. I am a father of two and grandfather of four. I am also a 24 year resident of West Lafayette, Indiana. My wife and I are both highly decorated retired U.S.A.F veterans.
I have a 39 yr old son that has developed
"MY PERSONAL REVIEW OF MY EXPERIENCE WITH GIBSON LAW OFFICE"
First of all let me introduce myself. My name is Fallon O'Brien. I am a father of two and grandfather of four. I am also a 24 year resident of West Lafayette, Indiana. My wife and I are both highly decorated retired U.S.A.F veterans.
I have a 39 yr old son that has developed "Schizophrenia" as a result of a severe head injury at the age of 16 when he was struck violently with a skateboard in the head intentionally by another boy. Since that time his symptoms have increasingly gotten worse. He is currently unaware of his surroundings at times and has little or no concept of societal norms. This causes him to be judged by society at large as odd and peculiar. Especially with law enforcement. Well he was accused of supposedly walking into someone's apartment and charged with "Breaking and Entering" and "Burglary." Well I knew that was preposterous and an obvious mistake. I immediately looked to hire him an attorney. Well I came across Mr. Gibson's web page and after reading his initial reviews he looked like what I was looking for.
It never occurred to me to filter the review results by the "Lowest" results, I completely had forgotten that "Bad Reviews" can be pushed down in the results by "Good Reviews" and that anyone with a Google "Gmail Acct" could make any organization look great. (I'm not implying this is the case with Mr. Gibson reviews, just saying its possible and is done everyday.)
Well I decided to use Gibson Law Office for the defense of my son. I contacted the Gibson office and spoke with Mr. Gibson briefly and explained my situation and he confidently assured me he would take the case and abide by my one stipulation that "He would personally handle my son's case throughout" and not one of his less experienced associates who were both recent law school graduates.
Well he quoted me a price of $15,000 which took me back somewhat but I thought he must be worth it. Boy was I mistaken and I was about to find out over the next 8 months!
My son relayed to me he only spoke to Mr. Gibson for approximately 2-3 minutes on video conference while he was incarcerated initially.
The only other contact from Gibson's Office was a couple of times and it was with an associate Mr. Conner Armuth.
While being a very nice guy, Mr. Armuth graduated from Law School in 2022 and according to his "Linkedin" he'd only been working for Mr. Gibson less than 60 days when I hired Mr. Gibson as my sons attorney.
Conners only prior experience as an licensed attorney after passing the Bar Exam was in the Tippecanoe County's Prosecutors office for 5 months! I assume making copies and checking case law for the other attorneys, I cant imagine he got much experience "Trying an actual case!"
The following is an example of what we've seen through the court records:
03/22/2024
Notice Issued
State appears by Gabrielle Rude, Deputy Prosecuting Attorney. Defendant appears by Connor Armuth (appearing for Brett Gibson). Status conducted. Parties affirm pretrial hearing of July 12, 2024, at 8:30 a.m. and jury trial of August 13, 2024, at 8:30 a.m.
Now what I'm getting at is this seems to be a pattern with Mr. Gibson according to past client reviews.
Now I don't know about you but when I layout $15,000 for an attorney I expect to get what I paid for. Especially when it comes to one of my childrens future!
To this day after more than 8 months, I nor my son have never met Mr. Gibson in person and never received as much as a phone call from him to discuss the case or strategy pertaining to my son's case. The only communication we have been provided is through their portal and even there when we've asked legitimate questions such as "May we view the available Discovery to include a supposed video recording that is the prosecutions primary evidence" we were met with no reply or curt responses. It wasn't until my son terminated his services did he provide those videos 8 months later, and after numerous requests, I assume because legally had to.
My purpose with this website is to investigate if certain attorneys are putting their best efforts in defending their clients that have paid good money for their expertise, or are they just working together with local prosecutors to funnel as many clients through the system giving the prosecutors effortless high conviction rates while the attorneys bilk their clients for thousands of dollars with half-hearted defenses and pushing "Pre-Packaged" plea bargains.
Now I'm aware that most attorneys are honorable and diligent in the performance of their trade, but there are a few bad apples in the bunch that need to be exposed like any other profession and they must be weeded out.
The "Legal Profession" is not the place to be an "entrepreneur!" If you desire that then produce a product, don't try to make it off the backs of people that might have made a mistake or falsely accused.
They deserve an honest effort.
If I'm feeling this way, there must be multitudes of people in the same boat when it comes with dealing with these small town attorneys. My mission is to help the "Little Guy/Gal" who feels like he/she has been taken advantaged by a small number attorneys.
We will start with Mr. Gibson first and we will offer our system of review to others. You no longer have to remain silent.
This website is not designed to "Impugn" of "Defame" Mr. Brett B. Gibson, it is just an investigation tool that's necessary to obtain the honest opinions of past clients in compliance with "H.R. 5111-Consumer Review Fairness Act of 2016."
We will promote the websites
through and array of available methods like Google Ad words, Yelp, Facebook, YouTube, Instagram and TikTok.
Now this website in no way intends to imply that Mr. Brett Gibson is one of these despicable attorneys or doesn't perform at the best of his ability with honorable intentions, he might be a great attorney and I'm completely wrong even though my experience with him (and evidently others, listed in the comments shown) hasn't convinced me otherwise.
Again these are solely my opinions of my experience and not to be taken as fact in any way. This is just a simple website for past clients to give their opinion of their experience with the service they received with Mr. Gibson. You be the judge and form your own opinion, that's what the websites for..
ATTN: INDIANA STATE BAR ASSOCIATION
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The elements of attorney malpractice are: (i) employment of an attorney which creates the duty; (ii) the failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty); and (iii) that such negligence was the proximate cause (iv) of damage to the plaintiff.
The main purpose of this website is for your organization to have all the facts laid out to you about this attorneys practices and for you to ultimately decide.
We will supply your team with all the facts to include, but not limited to:
Voice Recording of promises made...
Documented copies of written... Unanswered or avoided answers...
Maki
The main purpose of this website is for your organization to have all the facts laid out to you about this attorneys practices and for you to ultimately decide.
We will supply your team with all the facts to include, but not limited to:
Voice Recording of promises made...
Documented copies of written... Unanswered or avoided answers...
Making the comment ( Digital Screen Shot) that my son faced "CERTAIN CONVICTION" (not possible conviction, but certain conviction) if he were to go to trial and if he didn't sign a ridiculous plea bargain he obtained, even though he repeatedly refused to show him the "complete" discovery file to include a "supposed" video clip that is being used as the primary evidence against my son by the prosecution in order to make a proper judgement about his defense. It was at that moment my son knew he needed to terminate his services.
Similar to a previous tort for negligence that was brought against him in 2021 Case # (21A-CT-02852) only the Appellant was "time barred" because he filed it too late.