Timothy Ceballos: Difference between revisions

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I have seen Ceballos only once at [[PIC Assessment Conference 2023-06-28]]. I was surprised how excited he was to urge QBE barrister to put forward statements that would require me to have teleportation device and time travel. The barrister did not go so low and ignored Ceballos urges even with full support of PIC member. My solicitor [[Peter James Livers solicitor | Peter Livers]] sit quietly all this time, despite my previous request to dispute all incorrect information provided by Ceballos and Livers promise to do so during conference.
I have seen Ceballos only once at [[PIC Assessment Conference 2023-06-28]]. I was surprised how excited he was to urge QBE barrister to put forward statements that would require me to have teleportation device and time travel. The barrister did not go so low and ignored Ceballos urges even with full support of PIC member. My solicitor [[Peter James Livers solicitor | Peter Livers]] sit quietly all this time, despite my previous request to dispute all incorrect information provided by Ceballos and Livers promise to do so during conference.


Not so long ago I learned that [[Writing a complaint to Office of the NSW Legal Services Commissioner#Complaint about lawyer who did not represented you | complaints about lawyers to OLSC]] is not limited to the ones who represented you. So, I started working on complaint about Ceballos.
Not so long ago I learned that [[Writing a complaint to Office of the NSW Legal Services Commissioner#Complaint about lawyer who did not represented you | complaints about lawyers to OLSC]] is not limited to the ones who represented you. So, I submitted a complaint about Ceballos.


== Complaint to the Office of the NSW Legal Services Commissioner about Timothy Ceballos ==
== Timeline ==
# [[2024-04-14 Complaint to OLSC about solicitor Timothy Ceballos]].
# 2024-04-16 OLSC informed that my complaint will be processed by Professional Standards Department (PSD) of the Law Society of NSW.
# 2024-04-29 PSD acknowledged receiving complaint.
# 2024-04-29 I sent all documents referenced in my complaint to PSD. OLSC had these documents, but I was not sure will it be made available to PSD.
# [[2024-07-19 PSD decision]].
# [[#Analysis of PSD decision | Analysis of PSD decision]].
# 2024-08-16 [[Request to review the Law Society decision]]


==Complaint Details==
== Information referenced in my 2014-04-14 complaint about solicitor Timothy Ceballos ==
===Have you tried to resolve matter with the lawyer?===
I am writing to provide information referenced in my complaint about solicitor Timothy Ceballos.


No.
* OLSC file number (ID): CAS016895
* Law Society reference number (ID): PSD2024_58915


===If yes, how? If not, why not?===
I had the bad luck to hire the lawyers who I believe misrepresented me. I wrote complaints to the Office of the NSW Legal Services Commissioner (OLSC) about them. I was expecting that this complaint will be investigated by OLSC also. I have already provided all the documents that I reference in complaint about Ceballos together with previous complaints.


I had no direct contact with Ceballos. Ceballos represented QBE the opposing team and I had no direct contact with him. However, I have provided detailed information about Ceballos incorrect statements to my lawyers. I had very different reactions and basically no actions:
I do not know how much information is shared between OLSC and the Law Society, so to make sure that you have all relevant information I will send all the documents mentioned in my complaint.
* Potts and Pryde told me that he can write what ever he pleases no matter how absurdly incorrect it is (see 2023-05-13 Complaint Gillian Potts CAS012565 and 2023-07-17 Further details of complaint about barrister Ken Pryde CAS012566).
* Leonard wrote to me that it is important to correct it "''The correction of the insurer's errors or wrongs, in the review application, is most important''", but basically took no action (see information on [[2023-11-27 Moya not disputing incorrect information provided by Ceballos]] for my complaints CAS014655 and CAS014772).
* Livers promised to include it in his statement and during PIC assessment conference, but did nothing (see my complaint [[Peter Livers exaggerated fees]] complaint CAS016109, and I plan to provided further information about it as matter is still ongoing and I was not able to get all required information yet).


I do not think I can achieve anything by contacting directly Ceballos now, because:
== Declarations ==
* Ceballos actions were deliberate and calculated. He is fully aware that is doing and had a clear goal to damage my claim and make the process of claim as difficult and painful as he only could.
The PIC application forms provided by Ceballos has the following declaration (see "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf" page 6 and "Online portal application form - APP-10268809.pdf" page 11):
* Ceballos is fully aware of effect it had on me, from medical records that he quotes him self. I even wrote in the last formal communication how it affected me and Ceballos chose not to respond (see "2023-08-27 Accepting APP-10268809 award.pdf"). Even that could not make any impact on compensation.
DECLARATION
* I have no power to influence Ceballos directly to take any actions regarding incorrect statements he provided.
I declare that, to the best of my knowledge, the information given in this form is true and correct. I also give consent and authorisation for the collection, use and disclosure and exchange of personal and health information provided in this form.
* Even if I do not have any direct evidence, but the absurdity of some incorrect statement he has provided and his behaviour during PIC assessment conference makes me believe that he relies on same behaviour regularly and he has no intention to change.
  Submitted By : Timothy Ceballos
   
However, the submitted information is not true and incorrect and Ceballos must been aware of it.
===Please provide a summary of your complaint and include the following details:===
* ''' ''What happened? Who was involved?'' '''
* ''' ''Details of significant events, such as dates of meetings and court hearings.'' '''
* ''' ''What are your concerns?'' '''


Till recently, after writing complaints about my previous solicitors, I did not know or realised importance of some Ceballos actions, especially the link between the actions of my solicitors and Ceballos. This is because of I did not have enough information, importance of some actions was not clear and because of PTSD from the injury and subsequent dealing with QBE insurance and lawyers involved in the claim.
== Attachments ==
=== From complaint main text ===
Documents directly referenced in main complaint text.
# "Online portal application form - APP-10268809.pdf"
# "A1 Insurers submission.pdf"
# "A3 Clinical Notes Argyle Street Medical Centre.pdf"
# "A4 Clinical Notes of Mr Steven Sutton.pdf"
# "A8 Clinical Notes of Poets Corner Medical Centre.pdf"
# "2018-10-11 Dr Skinder Khan report.pdf"
# "2019-02-04 Dr John Roberts assessment.pdf"
# "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf"
# "2019-04-29 Alfonsas Stonis statement.pdf"
# "2021-04-20-30 emails from-to Moya Ceballos appeal and my comments with evidence of errors.pdf"
# "2021-05-04 lr client email 24 plus submissions - Campbell reply to QBE appeal.pdf"
# "2023-05-05 Solicitor particulars.pdf"
# "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"
# "2023-06-13 Ceballos particulars - 0845_001.pdf"
# "2023-06-14 email from to Livers - Re FW Attached Image - Ceballos particulars.pdf"
# "2023-07-20 PIC determination.pdf"
# "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"
# "2023-08-27 Accepting APP-10268809 award.pdf"
# "2024-04-11 Errors in Ceballos appeal.pdf"


Ceballos represented QBE insurance from the start when Law Partners (Potts) started representing me in 2018. I have only few records of communications between Ceballos and Law Partners also because of potential time limitations I will focus mainly only on the communications over last 3 years. However, in my view, Ceballos, Potts and Pryde actions make more sense if I assume that there was collusion between them to have my compensation at some low level that was high enough for Law Partners to claim high fees, but without going to any independent assessment. This would allow Law Partners to claim high fees while doing very little work without the need to inform me about my rights. At the same time QBE (Ceballos) would settle a claim at compensation that would be less than they can expect from independent assessment. That would also avoid risk of paying compensation that would be based on realistic loss of income and several times more than latter was offered by Ceballos and Law Partners. However, it also gives Law Partners good fees without a risk of not getting large compensation due to some complications related to income.
I include 2 of my further statements that are mentioned indirectly and in the detailed lists of errors. Statement of 2023-04-26 has a list of all documents that have been provided to Ceballos through the PIC portal, but most of them have been sent to Ceballos by emails and previous communications through the PIC. However, Ceballos in his submissions states that he has not received these documents.
# 2022-06-27 Alfonsas Stonis further statement.pdf
# 2023-04-26 Alfonsas Stonis further statement.pdf


This explains why Law Partners avoided mentioning PTSD diagnosis and instead promoted depression. PTSD established direct link with road traffic injury and sets much better grounds for claim. However, with depression diagnosis I am more dependable on Ceballos and Law Partners agreement. More about Law Partners not collecting information and representing me properly in complains about Potts and Pryde.
== Information not included in this data batch ==
There are many documents for background and communications with QBE or my solicitors. If needed I can provide it. I am trying to limit the amount of the documents to the ones I am directly quoting as there are already many documents and in some cases only a small portion of that document is needed.


At the end of 2019 and start of 2020 Law Partners arranged few pointless meetings, where the exaggeration of the legal fees seems to be the only reason for them. After this Law Partners started pushing me to accept QBE offer even if before they said it is not acceptable.
Due to my cognitive constraints it is difficult for me to provide information in a timely manner. I am trying to provide information ahead, before you requested it. There were also email size restrictions. I have not reviewed yet main two document where I list errors in document supplied by Ceballos:
# Incorrect statements in appeal
# Incorrect statements in application for damages and PIC assessment conference


Ceballos arranged their medical assessment with Moodley in March 2020. The report had many absurdly incorrect statements (see "2020-03-18 Moodley report errors.pdf"). I was shocked to read some of them as it was easy to prove that they were factually incorrect. The report has no credibility when almost every paragraph has some factual errors. Why would you order such report? Unless you already have a promise that it will not be challenged.
I plan to check them to find out what else I may need to supply. Please let me know if you want some documents that I have not supplied.


It come to a bigger shock when Law Partners refused to challenge Moodley report. They insisted that this report changes everything and if I go to independent assessment I will get way less than QBE is offering. I still asked to go for independent assessment. Instead Law Partners hit me with very exaggerated bill, demanding to accept these fees and removal of 30% cap. With so exaggerated fees, a promise to increase them significantly more and very poorly done work I had no chance to go further with Law Partners.
== Analysis of PSD decision ==
[[2024-07-19 PSD decision]] was a surprise for me. I provided clear evidence of professional misconduct by Ceballos, but they chose to ignore it and take no action.  


Ceballos submitted application for assessment of damages. It had lots of incorrect statements.
It is a good example of how to oppose an application just to oppose it and make the process difficult. However, they are ment to be objective instead of defending misconduct by any means.  


Law Partners used this application to push me to settle or I lose my claim completely, instead of submitting my application, that they claim they have prepared.
I will try new tactics by limiting my response to the most obvious misconduct, instead of providing the whole picture. So, I will split analysis into two parts:
# detail analysis of PSD decision - I hope it will help others dealing with the similar problems.  
# short reasoning to review the decision -  I will send it to OLSC


I went to Moya de Luca-Leonard to represent me instead of Law Partners. At first Leonard did well by putting Ceballos application on-hold and asking for independent medical assessment. Assessment confirmed PTSD and impact over required 10% whole person impairment limit to get compensation for pain and suffering.
=== Options ===
Email from the Law Society has this information about potential response:


On 2021-04-14 Ceballos submitted request for review for medical assessment. His request had a lot of incorrect statements.
<blockquote>''The decision of the Committee is final. However, please note that the NSW Legal Services Commissioner may, at her absolute discretion, conduct an internal review if she considers it appropriate to do so. Please refer to the Complaints Process Information brochure previously provided to you for more information about internal reviews.''</blockquote>


I expected Leonard to dispute them. However, her behaviour changed and she provided vague objection to review request. Review was granted. Leonard has not dispute any incorrect incorrect information provided directly by Ceballos or through Moodley report. Instead she started pushing for settlement. Incorrect information had an effect on review. After this she resigned instead trying to fix situation and go for independent assessment as I requested. She blamed previous lawyers and my lack of understanding how heavily my chances affected by corruption (political influence").


2023-11-21
[[File:Law Society of NSW Complaints-process-information 2020.pdf]] ([https://www.lawsociety.com.au/sites/default/files/2020-04/2020_Complaints-process-information.pdf on Law Society web site]) has information what to do if you are unhappy with Law Society decision:
    I got access to PIC portal and download QBE application for damages on PIC portal APP-10268809. One of the files was insurers submissions by Ceballos. It contains a lot of errors and fraudulent statements.
    Files: "A1 Insurers submission.pdf"


2023-01-24
<blockquote>''The Legal Services Commissioner however may, at his absolute discretion, conduct a review of a decision made to close a complaint if the Legal Services Commissioner considers it appropriate to do so. An application for review must be made within 30 days of the date of notice of the decision.''</blockquote>
    I signed authority to act for Peter Livers and he signed agreement that his fees will be limited to regulated costs recoverable from the insurance company.
    File: "2023-01-24 Peter Livers agreement.pdf"


2023-01-31
In my case I received Law Society decision on 2024-07-19, so the deadline for request for review is 2014-08-18. It is not specified how to send request for review, so I assume the best option is to email to OLSC at olsc@justice.nsw.gov.au and include Law Society at PSD.Complaints@lawsociety.com.au.
    I sent an email to Peter Livers with detailed overview of my claim. I start my email with the following "An appointment of a member to assess insurance application for compensation and damages APP-10268809 may force us to act quicker than it may have appeared before. This application contains only issuance submissions with lots of errors that can easily be disproved but at the current time, there is no reply from my side in PIC. I am sure we need to submit our reply (application) before the conference with the PIC member.". In email I provide summary of errors highlighting the most important ones. I also attach detailed list of errors and supporting evidence.
    Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf"


2024-02-26
=== Analysis ===
    I wrote to Peter Livers that I am submitting a complaint to HCCC about errors in Moodley report that Ceballos relies in his submissions. I provided summary in my email mentioning some examples of incorrect statements by Moodley some of which made to Ceballos submissions. I asked "I do not know if it can affect my insurance claim, but Timothy relies on this report heavily."
# My complaint was considered by the Professional Conduct Committee of the Law Society of NSW (Committee).  
    Files: "2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf", "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"
# The Committee understood complaint well and chose to ignore Ceballos misconduct deliberately as the response is carefully worded mentioning all details of misconduct of other involved persons and avoiding any mentioning of evidence of Ceballos misconduct.


2023-03-14
Decision states that it closes complaint "''on the basis that it requires no further investigation ([https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s277.html s 277(1)(h)])''".
    I met with Livers and to ask what I can write in my statement. I wanted to mention that QBE did not pay for any treatment. They promised to pay, but then did not. QBE took 3 years to reply about liability while even according to them they were required to do that within 3 months. QBE kept sending me to different assessments but refused to share their reports. I was told by Law Partners that a right to share any assessment reports only if it suits them. If QBE is not happy wit the report they can simply send me to another assessor till they will get assessment that suits them he explained to me that I can write in my statement about the impact of the injury, but not about mishandling of my claim by QBE.


2023-04-25
I am going to submit a [[Request to review the Law Society decision]] to OLSC.
    I wrote to Livers asking why he has removed any mentioning of lies provided by Ceballos. It has been re-traumatising experience, and it was important to mention in my statement. So previously I wrote in my statement: 55. Trauma has altered my perception of reality, so that when I read Moodley or Ceballos lies about me it is not just a lie, I feel that it is a threat to my life. I asked Livers: You stroke it out. I understand that this statement is about my life rather than about their misconduct. Seeing danger everywhere is one of the symptoms of PTSD. I just wanted to give an example and explanation of it. Can I rephrase it somehow, so that it remains useful?
    File "2023-04-25 email to Livers - few questions in your notes about statement.pdf"
 
2023-04-25
    I spoke with Livers, and he advised me to avoid complaint about QBE and previous lawyers. I wrote to Livers highlighting the argument that it is important to mention my struggle with QBE and previous lawyers as it is a part of my trying to get over PTSD. I was worried that leaving it out will make it look that I was not putting all my effort in attempts to get better and as result to return to work force. As all these efforts would go to working full time if I would not been injured and this is big part of loss of income.
    Files: "2023-04-25 email to Livers - Mentioning QBE and previous lawyers in my statement.pdf", "2023-04-25 email to Livers - in my statement I want to have this information.pdf"
 
2023-04-26
    I had conversation with Livers. He convicted me that he will include all the dispute of Ceballos statements in his statement. I also agreed not to include whole complaint that I wrote about Moodley, but instead I will include short summary. I sent summary in email.
    Files "2023-04-26 email to Livers - Update of statement with summary for Moodley report errors used by QBE.pdf"
 
2023-04-26
    I had to resend documents several times as Livers had some technical issues. Spent whole next day on it. I have started to suspect that he might not even red some information. At the end I have brought him hard copy next day.
    File: "2023-04-26 Alfonsas Stonis further statement.pdf"
 
2023-05-05
    Livers sent me solicitor particulars. I was shocked that it did not contain the information I provided about Ceballos incorrect statements. Livers explained to me on the phone that first Ceballos has to update his particulars and only then we can object to it. Later on I spoke with Livers several times about it and he reassured that he is aware of errors in Ceballos particulars and he will present objections to them all before and during tribunal.
    Files: "2023-05-05 Solicitor particulars.pdf", "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"
 
2023-06-14
    Livers sent me Ceballos particulars and I resent my comments. Livers convinced me that the best is present them during tribunal as they may not be accepted now otherwise.
    File: "2023-06-14 email from to Livers - Re FW Attached Image - Cebalos particulars.pdf"
 
2023-06-27
    I wrote about errors in Ceballos particulars for loss of income and domestic assistance.
    Files: "2023-06-27 email to Livers - Loss of income - reply.pdf", "2023-06-27 Loss of income.pdf", "2023-06-28 email to Livers - Domestic care and assistance - errors in insurers submissions for.pdf", "2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf"
 
2023-06-28
    The PIC assessment conference went terribly bad. Livers completely misrepresented me by basically doing nothing. More about this later. I am waiting for audio recording of the conference.
2o23-06-29 - one week
    I provided additional information to Livers to forward to the PIC, but he told it is too late. I have provided additional information about treatment expenses that Livers forwarded, but it was not accepted. Mor about it later as I am waiting for response from Medicare.
 
2023-07-20
    Livers sent me PIC determination.
    File: "2023-07-20 PIC determination.pdf"
 
2023-07-20 - a bit more than one month
    PIC determination was very unfair and had lots of factual errors. I asked Livers to go to court as he promised, but he refused. He said "I will not allow it"> All this completely overwhelmed me. I tried to look for solution but failed. One thing I have not relished that Ceballos and Livers particulars together with PIC determination were providing very incorrect picture and any attempt to find advice about it was doomed to fail. My health deteriorated so much that it become a question of survival. More about this latter.
 
2023-08-08
    I wrote a request to fix obvious errors. Livers insisted that I also have to write that I accept determination. After this it become pointless exercise.
    File: "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"
 
2023-08-27
    Not being able to cope and having strong concerns about staying alive I sent confirmation that I accepted corrupted tribunal decision due to health reasons.
    File: "2023-08-27 Accepting APP-10268809 award.pdf"
 
===How do you want us to help you to resolve your complaint?===
 
''Please note: One of our officers may contact you to discuss what we can and we cannot do ''
 
# Investigate false statements provided by Ceballos.
# I believe that the level of incorrect is so high that he is not fit to be a solicitor. Such person should not be allowed to practice as solicitor in NSW.
# I do suspect collusion and corruption in Ceballos actions. I hope you will come to same conclusion and take appropriate action.
# If your powers are limited towards investigating collusion I hope you will forward it to appropriate authorities.
 
 
===What area of legal service does this complaint arise from?===
 
Personal injuries
 
===Are you disputing the legal costs you have been charged by your lawyer?===
 
No
 
===Notes===
Only when I was looking at Livers work I realised that most of the actions of my solicitors that seemed to me as severe misconduct can be the best explained as collusion and the common dominator is Ceballos. I do not have direct evidences and I may not get them. However, that is the explanation that fits well. Such actions break the whole trust in legal systems. This is why I believe that OLSC is the best place to deal with it.
 
===Background===
I was cycling in Sydney when a car from oncoming traffic made a right turn straight into me on 2015-03-30. I was sure I was going to die when I saw a car accelerating towards me. I survived, but among other things the fear stayed. Since then, I am struggling with PTSD.
 
I was frustrated with the way QBE (drivers insurance company) was managing the claim:
 
 
, so I initially contacted Law Partners to represent me. However, I was unhappy with their representation. I feel that they did not collect or submit important information about my health problems. At the end of April 2020, I got a report by Vanitha Moodley (a psychologist hired by QBE solicitors) that had a large number of absurd errors.
 
Due to concerns about Law Partners’ advice about this report, I contacted one solicitor whom I knew. He recommended to me Moya de Luca-Leonard, who helped him in the past with one client who had a personal injury claim, as he worked in a different area of law. At first Leonard organised an assessment by a psychiatrist who specialises in PTSD and submitted the documents I sent to her to PIC. Independent assessment confirmed PTSD and significant impact on my life 19% whole person impairment. However, after this, in her submissions to PIC Leonard withheld information about errors in Moodley report and factually incorrect statements by Ceballos, QBE solicitor. Leonard then pushed me to accept an unfavourable settlement without any compensation for loss of past income. When I asked to submit documents to PIC for independent assessment Leonard resigned.
 
I had to find a new solicitor quickly to prepare and submit documents and represent me at the PIC assessment. Livers offered to represent me based on regulated fees (I did not know what it was). He also said that he has 30 years of experience in personal injury claims and is highly experienced in it. I had 2 highly exaggerated bills from previous solicitors: Law Partners $178,327.22 and Moya de Luca-Leonard $77,071.50. Livers' explanation that his fees will be determined by PIC sounded like a protection at least from fees problems I had with previous lawyers.
 
=== My complaint against Peter Livers ===
Main focus for this complaint is exaggerated legal fees. I mention only some of the key aspects of professional miscount as it affects fees. I will provide further detailed information on actions that I consider as professional misconduct.
==== Timeline ====
I divided timeline into two sections:
* specifically related to legal fees
* events related to professional misconduct,
===== Legal fees =====
; 2023-01-24 : I signed authority to act for Peter Livers and he signed an agreement that his fees will be limited to regulated costs recoverable from the insurance company.
: File: "2023-01-24 Peter Livers agreement.pdf"
; 2023-01-24 to 2023-08-30 : I provided detailed information about my claim to Livers. All he had to do was to forward it to PIC. He selectively did not forward some key information and damaged my claim. This resulted in much lower compensation that would have been reasonably expected otherwise.
; 2023-08-22 - 24 : I asked for the legal fees calculation sheet mentioned in PIC determination. Livers replied that I have to decide myself who and how much I contributed to my claim.
: File: "2023-08-24 email to from Livers - RE Legal costs awarded by tribunual.pdf"
; 2023-10-20 : I again requested a legal fees calculation sheet mentioned in the PIC determination. Instead, Livers sent me an insurer's position on regulated fees.
: Files: "2023-10-20 email to Livers - Legal expenses determent by PIC.pdf", "2023-10-20 email from Livers - FW Attached Image - insurance position on regulated cost.pdf", "2023-10-20 Insurer position on schedule of regulated costs.pdf"
; 2023-12-19 : I got an email form Livers informing that he has received the money from QBE. He also included an estimate of his fees. Livers claims fees for all work preparing my claim with exception of the work that was clearly done before his involvement.
: Files: "2023-12-19 email from Livers - FW Message from KM_C258 - estimate of fees.pdf", "2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf"
; 2023-12-20 : Livers sent me forms for Medicare recovery. I asked to send the remaining money to may account without waiting for reply from Medicare. Livers asked do I agree with his cost estimate. I replied that it is too early as not all work is completed yet. I have filled them in sent back.
: File: "2023-12-20 emails from to Livers - Re FW Message from KM_C258 - Medicare Recovery forms.pdf"
; 2023-12-30 : I wrote again to Livers highlighting that three should be legal fees calculation sheet and that he provided insurer's position on it.
: File: "2023-12-30 email from to Livers - Re FW Message from KM_C258.pdf"
; 2024-01-08 : Livers replied that there is no legal fees calculation sheet.
: File: "2024-01-08 email from Livers - er s stonas matter.pdf"
; 2024-01-08 : I wrote to PIC requesting legal fees calculation sheet and got it.
: Files: "2024-01-09 email from PIC - APP-10268809 Alfonsas Stonis Reply to 8th January 2024 email.pdf", "Stonis.Costs Calculator.version 1999.pdf"
 
===== Professional misconduct =====
; 2023-11-21 : I got access to PIC portal and download QBE application for damages on PIC portal APP-10268809. One of the files was insurers submissions by Ceballos. It contains a lot of errors and fraudulent statements.
: Files: "A1 Insurers submission.pdf"
; 2023-01-24 : I signed authority to act for Peter Livers and he signed agreement that his fees will be limited to regulated costs recoverable from the insurance company.
: File: "2023-01-24 Peter Livers agreement.pdf"
; 2023-01-31 : I sent an email to Peter Livers with detailed overview of my claim. I start my email with the following "''An appointment of a member to assess insurance application for compensation and damages APP-10268809 may force us to act quicker than it may have appeared before. This application contains only issuance submissions with lots of errors that can easily be disproved but at the current time, there is no reply from my side in PIC. I am sure we need to submit our reply (application) before the conference with the PIC member.''". In email I provide summary of errors highlighting the most important ones. I also attach detailed list of errors and supporting evidence.
: Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf"
; 2024-02-26 : I wrote to Peter Livers that I am submitting a complaint to HCCC about errors in Moodley report that Ceballos relies in his submissions. I provided summary in my email mentioning some examples of incorrect statements by Moodley some of which made to Ceballos submissions. I asked  "''I do not know if it can affect my insurance claim, but Timothy relies on this report heavily.''"
: Files: "2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf", "2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf"
; 2023-03-14 : I met with Livers and to ask what I can write in my statement. I wanted to mention that QBE did not pay for any treatment. They promised to pay, but then did not. QBE took 3 years to reply about liability while even according to them they were required to do that within 3 months. QBE kept sending me to different assessments but refused to share their reports. I was told by Law Partners that a right to share any assessment reports only if it suits them. If QBE is not happy wit the report they can simply send me to another assessor till they will get assessment that suits them  he explained to me that I can write in my statement about the impact of the injury, but not about mishandling of my claim by QBE.
; 2023-04-25 : I wrote to Livers asking why he has removed any mentioning of lies provided by Ceballos. It has been re-traumatising experience, and it was important to mention in my statement. So previously I wrote in my statement: ''55. Trauma has altered my perception of reality, so that when I read Moodley or Ceballos lies about me it is not just a lie, I feel that it is a threat to my life.'' I asked Livers: ''You stroke it out. I understand that this statement is about my life rather than about their misconduct. Seeing danger everywhere is one of the symptoms of PTSD. I just wanted to give an example and explanation of it. Can I rephrase it somehow, so that it remains useful?''
: File "2023-04-25 email to Livers - few questions in your notes about statement.pdf"
; 2023-04-25 : I spoke with Livers, and he advised me to avoid complaint about QBE and previous lawyers. I wrote to Livers highlighting the argument that it is important to mention my struggle with QBE and previous lawyers as it is a part of my trying to get over PTSD. I was worried that leaving it out will make it look that I was not putting all my effort in attempts to get better and as result to return to work force. As all these efforts would go to working full time if I would not been injured and this is big part of loss of income.
: Files: "2023-04-25 email to Livers - Mentioning QBE and previous lawyers in my statement.pdf", "2023-04-25 email to Livers - in my statement I want to have this information.pdf"
; 2023-04-26 : I had conversation with Livers. He convicted me that he will include all the dispute of Ceballos statements in his statement. I also agreed not to include whole complaint that I wrote about Moodley, but instead I will include short summary. I sent summary in email.
: Files "2023-04-26 email to Livers - Update of statement with summary for Moodley report errors used by QBE.pdf"
; 2023-04-26 : I had to resend documents several times as Livers had some technical issues. Spent whole next day on it. I have started to suspect that he might not even red some information. At the end I have brought him hard copy next day.
: File: "2023-04-26 Alfonsas Stonis further statement.pdf"
; 2023-05-05 : Livers sent me solicitor particulars. I was shocked that it did not contain the information I provided about Ceballos incorrect statements. Livers explained to me on the phone that first Ceballos has to update his particulars and only then we can object to it. Later on I spoke with Livers several times about it and he reassured that he is aware of errors in Ceballos particulars and he will present objections to them all before and during tribunal.
: Files: "2023-05-05 Solicitor particulars.pdf", "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"
; 2023-06-14 : Livers sent me Ceballos particulars and I resent my comments. Livers convinced me that the best is present them during tribunal as they may not be accepted now otherwise.
: File: "2023-06-14 email from to Livers - Re FW Attached Image - Cebalos particulars.pdf"
; 2023-06-27 : I wrote about errors in Ceballos particulars for loss of income and domestic assistance.
: Files: "2023-06-27 email to Livers - Loss of income - reply.pdf", "2023-06-27 Loss of income.pdf", "2023-06-28 email to Livers - Domestic care and assistance - errors in insurers submissions for.pdf", "2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf"
; 2023-06-28 : The PIC assessment conference went terribly bad. Livers completely misrepresented me by basically doing nothing. More about this later. I am waiting for audio recording of the conference.
; 2o23-06-29 - one week : I provided additional information to Livers to forward to the PIC, but he told it is too late. I have provided additional information about treatment expenses that Livers forwarded, but it was not accepted. Mor about it later as I am waiting for response from Medicare.
; 2023-07-20 : Livers sent me PIC determination.
: File: "2023-07-20 PIC determination.pdf"
; 2023-07-20 - a bit more than one month : PIC determination was very unfair and had lots of factual errors. I asked Livers to go to court as he promised, but he refused. He said "I will not allow it"> All this completely overwhelmed me. I tried to look for solution but failed. One thing I have not relished that Ceballos and Livers particulars together with PIC determination were providing very incorrect picture and any attempt to find advice about it was doomed to fail. My health demerited so much that it become a question of survival. More about this latter.
; 2023-08-08 : I wrote a request to fix obvious errors. Livers insisted that I also have to write that I accept determination. After this it become pointless exercise.
: File: "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"
; 2023-08-27 : Not being able to cope and having strong concerns about staying alive I sent confirmation that I accepted corrupted tribunal decision due to health reasons.
: File: "2023-08-27 Accepting APP-10268809 award.pdf"
 
====Costs====
=====Exaggerated legal fees=====
Livers sent me an email on 2019-12-19 with the estimate of his costs (file "2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf"). He estimate that almost all work was done only by him. While this is not true. Almost all information was collected without any involvement from Livers.
# All medical evidence and assessment were done before Livers involvement
# I collected all information about my past income and about loss of income before Livers involvement. I wrote summary of loss of income while preparing for PIC assessment without any help from Livers.
# Livers did a minimal contribution to past care and then during assessment conference insisted that I withdraw it. So, all my and my wife's efforts preparing it went to nothing.
# I wrote my statement on my own. Livers only input was insistence that I do not correct incorrect statements made by Ceballos as according to him it will have more weight if it is done in his submissions. However, he never did it.
# The only thing Livers wrote was his submissions and he did it poorly. He did not included any corrections to Ceballos incorrect statements. This proved to be especially damaging for my claim.
# Livers did not informed me about request for barrister.
# Livers did not informed me that QBE is disputing treatment and legal expenses.
# During assessment conference Livers gave only 3 advices and all very damaging: ask for too high non economical loss, accept objections on treatment expenses and withdraw past care expenses.
# When asked by Macken, PIC member, answer was that it is written in submitted documents. That is not representation.
# When it was Livers time to ask me questions during assessment conference he asked only one unimportant question: "how many pots I have in my garden". This way I did not get any chance to present my story, while he promised that he will give a chance to dispute all lies written by Ceballos.
# Misrepresentation by Livers contributed that the I was awarded similar amount what previous solicitor expected to get from settlement, despite the fact that I provided crucial evidence that previous solicitor overlooked.
# Livers did not completed his duties with completion of the claim as most of the compensation is still held for potential fees from previous solicitors and for Medicare recovery.
 
I disagree with this estimate because it assumes almost all work preparing my claim was done by him with the exception of the medical dispute. However, he basically completed no work. I had to do everything myself and relying on advice from other solicitors. He did show up at PIC assessment conference and completely misrepresented me. My claim would be much better if there was no involvement from Livers at all. He actually did a lot of harm by withholding important information from me and providing false information to PIC. I have only heard about the extent of his practices recently, and I am still collecting information.
 
I think Livers request for paying is premature as some of the work related to my claim is not complete.
 
If I understand correctly OLSC can consider complaint about solicitor's fees only within 60 days after request for payment has been made. I do not think this is request for payment as it is too early to pay. I think first we need to complete work related to my claim and then we can estimate and negotiate his fees. However, to be on the safe side I will submit this complaint to OLSC about Peter Livers exaggerated fees and then submit another complaint about his misconduct when I have all the required information.
 
===== Misinformed how regulated legal costs function =====
At the first meeting with Livers, he told me:
# That there there are so called regulated fees.
# That during PIC assessment legal fees for will be calculated for all lawyers contribution during various stages.
# That his work is mainly representation during PIC assessment and his will accept the fees assigned to him and will not charge extra.
 
After the assessment he told me that it is not accurate. That I have to assess contribution of every solicitor my self. However, he sent his bill he assessed that he was the only contributor, while I think he has not contributed at all.
 
Unfortunately, this incorrect information affected my choice of solicitor. If I had correct information how regulated fees are calculated I would have chosen different solicitor and avoided all problems I have with Livers and all its damaging affects.
 
===== Requested legal fees to be paid before work is completed =====
2023-12-20 day after Livers sent Medicare forms to complete to deal with Medicare Recovery. Medicare expenses related to injury are meant to be paid back by insurance. Almost all my treatment expenses are related to the injury. However, I have selected only the ones that I was able to find enough evidence to relate them to the injury.
 
Medicare is holding 10% of my compensation claim. This is because some forms have not been completed onetime. I suspect that Lives miscount caused further financial loss that will become apparent after finalizing Medicare Compensation Recovery.
 
This is day after Livers sent me estimate of his fees. He called it "we shall complete the formal parts". I am also negotiating with previous lawyers fees and money are being held in trust account by Livers. I think it is too early to state that all work for my claim is complete.
 
===== Withheld information that QBE is disputing legal fees and other expenses =====
During assessment conference I also find out that QBE disputed treatment expenses before assessment, but I was not made aware of it. Later I have learned that there was more information that Livers withheld from me.
 
PIC determination in item 1 references the attached sheet for legal fees calculation. However, Livers never provided it to me. I asked multiple times and on 2023-10-20 I wrote again to provide this sheet. Instead I got some document where insurer was disputing legal fees. It seems this document was provided before PIC assessment, but I was not made aware of it. Liver wrote that there is no other sheet.
 
Only later I have noticed one detail, that there is note mentioned from Livers that I do not want barrister representation. I was shocked to find it. I wanted barrister at the PIC assessment conference. This is the only time when it makes sense. Mor about it later when I will write abut misrepresentation by Livers.
 
==== Misrepresentation - Professional misconduct - Corruption ====
It has been 6 months, but I still cannot cope with it. PTSD symptoms take over and my brain shuts down. Right now, I am able to provide only short summary. I hope it is enough for purpose of disputing Livers fees.
 
Ceballos provided false information about mental health status, misquoted medical documents and statements and provided false statements reducing severity of injury. Liver knew about it and was provided with evidence of wrong statement by Ceballos. However, Livers falsely promised to provide that information to PIC, instead he led PIC to believe that it is true. He also withheld request for information about representation by barrister, medical and legal expenses. He misled me with advice about non economical loss. This resulted in severe damaged to the compensation claim. After this Livers obstructed me from going to appeal process.
 
Actions that can be explained only by corruption:
# [[Timothy Ceballos | Ceballos]] (QBE solicitor) submitted lots of absurd lies to PIC about my functioning before and after the injury.
# I provided detailed evidence to Livers that showed how incorrect Ceballos statements are.
# Livers promised to include these objections in his submissions, later to present during tribunal.
# Livers withheld from me the question from PIC about representation by barrister and lied to PIC that I do not want barrister. During assessment conference Livers acted as if he did not now what was happening at all. Having independent barrister would stop Livers from being able to fail my claim.
# Livers did not provide to PIC any of objections about lies by Ceballos.
# Livers did not inform about Ceballos disputing legal and medical expenses. This resulted in QBE avoiding paying for most of expenses. Just Medicare expenses by 2020 were $11,245.85. QBE disputed all my out of pocket treatment expenses and more than half of medicare expenses. PIC assessor awarded $10,000 for past and future treatment expenses. This will not be enough even to cover past Medicare expenses.
# During tribunal Livers insisted that I ask $500,000 for pain and suffering. Previously I asked for $200,000 and insurance agreed. Even Macken, PIC member, said that $500,000 is too high, as just 3 weeks ago he gave quadriplegic only $375,000, and if I leave it this high I will get close to the allowed minimum $100,000. Unfortunately, I trusted Livers and got $150,000.
# Before tribunal Livers did not update Medicare expenses. He withhold from me information that QBE is disputing medicare expenses. I found out it during tribunal.
# After the tribunal Livers pushed very hard to accept tribunal decision.
# Before tribunal Livers recommended and promised to go to court after tribunal decision. However, after the tribunal he did everything in his power to prevent me from appealing tribunal decision.
Actions that supplement supposition of corruption, but could potentiality be explained by some extreme negligence:
# Livers did not collect any information required for my claim.
# Livers dragged time missing important deadlines
# Livers significantly misled about his expertise or intentionally provided bad advice
# Livers sent his bill before all procedures related to claim were finished and potentially before some of his misconduct becomes apparent
 
===Attachments===
====Legal fees====
*2023-01-24 Peter Livers agreement.pdf
*2023-08-24 email to from Livers - RE Legal costs awarded by tribunual.pdf
*2023-10-20 email to Livers - Legal expenses determent by PIC.pdf
*2023-10-20 email from Livers - FW Attached Image - insurence position on regulated cost.pdf
*2023-10-20 Insurer position on schedule of regulated costs.pdf
*2023-12-19 email from Livers - FW Message from KM_C258 - estimate of fees.pdf
*2023-12-19 SKM_C25823121908250 - Livers fees estimate.pdf
*2023-12-20 emails from to Livers - Re FW Message from KM_C258 - Medicare Recovery forms.pdf
*2023-12-30 email from to Livers - Re FW Message from KM_C258.pdf
*2024-01-08 email from Livers - er s stonas matter.pdf
*2024-01-09 email from PIC - APP-10268809 Alfonsas Stonis Reply to 8th January 2024 email.pdf
*Stonis.Costs Calculator.version 1999.pdf
 
====Professional misconduct - Corruption====
*A1 Insurers Submissions.pdf
*2023-01-31 email to Livers - Short summary of my claim situation.pdf
*Reply Claim assessment and resolution service.pdf
*2023-02-26 email to Livers - Fwd HCCC Online Inquiry Form.pdf
*2022-10-28 Gmail - R-M10446280_21 About the impact of incorrect statements.pdf
*2023-04-25 email to Livers - Re Mentioning QBE and previous lawyers in my statement.pdf
*2023-04-25 email to Livers - few questions in your notes about statement.pdf
*2023-04-25 email to Livers - in my statement I want to have this information.pdf
*2023-04-26 email to from Livers - Re Update of statement with summary for Moodley report errors used by QBE.pdf
*2023-04-26 Alfonsas Stonis further statement.pdf
*2023-05-05 Solicitor particulars.pdf
*2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf
*2023-06-14 email from to Livers - Re FW Attached Image - Cebalos particulars.pdf
*2023-06-27 email to Livers - Loss of income - reply.pdf
*2023-06-27 Loss of income.pdf
*2023-06-28 email to Livers - Domestic care and assistance - errors in insurers submissions for.pdf
*2023-06-28 Errors in insurers submissions for Care and Domestic Assistance.pdf
*2023-07-20 PIC determination.pdf
*2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf
*2023-08-27 Accepting APP-10268809 award.pdf

Latest revision as of 23:22, 18 August 2024

Timothy Ceballos from McInnes Wilson Lawyers represent QBE in my personal injury claim. I was surprised by the style of his work. He basically relies on absurd lies. I was looking at one of documents he sent to Personal Injury Commission, and I was surprised that it has a declaration that he is writing correct information. He:

  • misquoted text changing meaning to opposite;
  • invented to things that were not in the documents mentioned;
  • is inconsistent with his own statements.

In some bizarre twist my solicitors refused to dispute any of these lies saying that they have a deal (not many details given) or (in another instance) that they are good friends and do not want to negatively affect his carrier or simply that this is not allowed by law (for example see complaint about Moya).

I have seen Ceballos only once at PIC Assessment Conference 2023-06-28. I was surprised how excited he was to urge QBE barrister to put forward statements that would require me to have teleportation device and time travel. The barrister did not go so low and ignored Ceballos urges even with full support of PIC member. My solicitor Peter Livers sit quietly all this time, despite my previous request to dispute all incorrect information provided by Ceballos and Livers promise to do so during conference.

Not so long ago I learned that complaints about lawyers to OLSC is not limited to the ones who represented you. So, I submitted a complaint about Ceballos.

Timeline

  1. 2024-04-14 Complaint to OLSC about solicitor Timothy Ceballos.
  2. 2024-04-16 OLSC informed that my complaint will be processed by Professional Standards Department (PSD) of the Law Society of NSW.
  3. 2024-04-29 PSD acknowledged receiving complaint.
  4. 2024-04-29 I sent all documents referenced in my complaint to PSD. OLSC had these documents, but I was not sure will it be made available to PSD.
  5. 2024-07-19 PSD decision.
  6. Analysis of PSD decision.
  7. 2024-08-16 Request to review the Law Society decision

Information referenced in my 2014-04-14 complaint about solicitor Timothy Ceballos

I am writing to provide information referenced in my complaint about solicitor Timothy Ceballos.

  • OLSC file number (ID): CAS016895
  • Law Society reference number (ID): PSD2024_58915

I had the bad luck to hire the lawyers who I believe misrepresented me. I wrote complaints to the Office of the NSW Legal Services Commissioner (OLSC) about them. I was expecting that this complaint will be investigated by OLSC also. I have already provided all the documents that I reference in complaint about Ceballos together with previous complaints.

I do not know how much information is shared between OLSC and the Law Society, so to make sure that you have all relevant information I will send all the documents mentioned in my complaint.

Declarations

The PIC application forms provided by Ceballos has the following declaration (see "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf" page 6 and "Online portal application form - APP-10268809.pdf" page 11): 

DECLARATION
I declare that, to the best of my knowledge, the information given in this form is true and correct. I also give consent and authorisation for the collection, use and disclosure and exchange of personal and health information provided in this form.
Submitted By : Timothy Ceballos

However, the submitted information is not true and incorrect and Ceballos must been aware of it.

Attachments

From complaint main text

Documents directly referenced in main complaint text.

  1. "Online portal application form - APP-10268809.pdf"
  2. "A1 Insurers submission.pdf"
  3. "A3 Clinical Notes Argyle Street Medical Centre.pdf"
  4. "A4 Clinical Notes of Mr Steven Sutton.pdf"
  5. "A8 Clinical Notes of Poets Corner Medical Centre.pdf"
  6. "2018-10-11 Dr Skinder Khan report.pdf"
  7. "2019-02-04 Dr John Roberts assessment.pdf"
  8. "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf"
  9. "2019-04-29 Alfonsas Stonis statement.pdf"
  10. "2021-04-20-30 emails from-to Moya Ceballos appeal and my comments with evidence of errors.pdf"
  11. "2021-05-04 lr client email 24 plus submissions - Campbell reply to QBE appeal.pdf"
  12. "2023-05-05 Solicitor particulars.pdf"
  13. "2023-05-05 email from to Livers - Re FW Attached Image - solicitor submissions.pdf"
  14. "2023-06-13 Ceballos particulars - 0845_001.pdf"
  15. "2023-06-14 email from to Livers - Re FW Attached Image - Ceballos particulars.pdf"
  16. "2023-07-20 PIC determination.pdf"
  17. "2023-08-08 An Application to Correct The Obvious Errors in Certificate of Determination.pdf"
  18. "2023-08-27 Accepting APP-10268809 award.pdf"
  19. "2024-04-11 Errors in Ceballos appeal.pdf"

I include 2 of my further statements that are mentioned indirectly and in the detailed lists of errors. Statement of 2023-04-26 has a list of all documents that have been provided to Ceballos through the PIC portal, but most of them have been sent to Ceballos by emails and previous communications through the PIC. However, Ceballos in his submissions states that he has not received these documents.

  1. 2022-06-27 Alfonsas Stonis further statement.pdf
  2. 2023-04-26 Alfonsas Stonis further statement.pdf

Information not included in this data batch

There are many documents for background and communications with QBE or my solicitors. If needed I can provide it. I am trying to limit the amount of the documents to the ones I am directly quoting as there are already many documents and in some cases only a small portion of that document is needed.

Due to my cognitive constraints it is difficult for me to provide information in a timely manner. I am trying to provide information ahead, before you requested it. There were also email size restrictions. I have not reviewed yet main two document where I list errors in document supplied by Ceballos:

  1. Incorrect statements in appeal
  2. Incorrect statements in application for damages and PIC assessment conference

I plan to check them to find out what else I may need to supply. Please let me know if you want some documents that I have not supplied.

Analysis of PSD decision

2024-07-19 PSD decision was a surprise for me. I provided clear evidence of professional misconduct by Ceballos, but they chose to ignore it and take no action.

It is a good example of how to oppose an application just to oppose it and make the process difficult. However, they are ment to be objective instead of defending misconduct by any means.

I will try new tactics by limiting my response to the most obvious misconduct, instead of providing the whole picture. So, I will split analysis into two parts:

  1. detail analysis of PSD decision - I hope it will help others dealing with the similar problems.
  2. short reasoning to review the decision - I will send it to OLSC

Options

Email from the Law Society has this information about potential response:

The decision of the Committee is final. However, please note that the NSW Legal Services Commissioner may, at her absolute discretion, conduct an internal review if she considers it appropriate to do so. Please refer to the Complaints Process Information brochure previously provided to you for more information about internal reviews.


File:Law Society of NSW Complaints-process-information 2020.pdf (on Law Society web site) has information what to do if you are unhappy with Law Society decision:

The Legal Services Commissioner however may, at his absolute discretion, conduct a review of a decision made to close a complaint if the Legal Services Commissioner considers it appropriate to do so. An application for review must be made within 30 days of the date of notice of the decision.

In my case I received Law Society decision on 2024-07-19, so the deadline for request for review is 2014-08-18. It is not specified how to send request for review, so I assume the best option is to email to OLSC at olsc@justice.nsw.gov.au and include Law Society at PSD.Complaints@lawsociety.com.au.

Analysis

  1. My complaint was considered by the Professional Conduct Committee of the Law Society of NSW (Committee).
  2. The Committee understood complaint well and chose to ignore Ceballos misconduct deliberately as the response is carefully worded mentioning all details of misconduct of other involved persons and avoiding any mentioning of evidence of Ceballos misconduct.

Decision states that it closes complaint "on the basis that it requires no further investigation (s 277(1)(h))".

I am going to submit a Request to review the Law Society decision to OLSC.

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