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 ==
This is a complaint to the Office of the NSW Legal Services Commissioner about solicitor Timothy Ceballos. I believe he intentionally provided incorrect statements to the Personal Injury Commision stating them to be true. I believe he is not a fit person to be a solicitor in NSW.
# [[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 3 sets of lawyers representing me). I had different promises but 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 whatever he pleases no matter how absurdly incorrect it is.
# 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.
# Livers promised to include it in his particulars and during the PIC assessment conference, but did nothing.
I have provided detailed information about the actions of other lawyers in separate complaints.


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 has 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 the effect it had on me, from medical records that he quotes himself. 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, the absurdity of some incorrect statements he has provided and his behaviour during the PIC assessment conference makes me believe that he relies on the 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?'' '''
 
Until recently, after writing complaints about my previous solicitors, I did not know or realise the importance of some Ceballos actions, especially the link between the actions of my solicitors and Ceballos. This is because I did not have enough information, the 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.
 
Ceballos represented QBE insurance from the start when Law Partners (Potts) started representing me in 2018. I have only a few records of communications between Ceballos and Law Partners also because of potential time limitations I will focus mainly only on the communications over the 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 the 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.


This explains why Law Partners avoided mentioning PTSD diagnosis and instead promoted depression. PTSD establishes a 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 complaints about Potts and Pryde.
== 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"


At the end of 2019 and the 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 the QBE offer even if before they said it is not acceptable.
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


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 a report? Unless you already have a promise that it will not be challenged.
== 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.


It came to a bigger shock when Law Partners refused to challenge the Moodley report. They insisted that this report changes everything and if I go to an independent assessment I will get way less than QBE is offering. I still asked to go for an independent assessment. Instead Law Partners hit me with a very exaggerated bill, demanding to accept these fees and removal of the 30% cap. With such exaggerated fees, a promise to increase them significantly more and very poorly done work I had no chance to go further with Law Partners.
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


Then Ceballos submitted an application for assessment of damages. It had lots of incorrect statements.
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.


Law Partners used this application to push me to settle or I lose my claim completely, instead of submitting my application, which they claim they have prepared.
== 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.  


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 an independent medical assessment. Assessment confirmed PTSD and impact over required 10% whole person impairment limit to get compensation for pain and suffering.
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.  


On 2021-04-14 Ceballos submitted a request for review for medical assessment. His request had a lot of incorrect statements.
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 expected Leonard to dispute them. However, her behaviour changed and she provided a vague objection to the review request. Review was granted. Leonard has not disputed any 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 the situation and go for an independent assessment as I requested. She blamed previous lawyers and my lack of understanding how heavily my chances were affected by corruption (“political influence").
=== Options ===
Email from the Law Society has this information about potential response:


I signed the authority to act for Peter Livers at the start of 2023. 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 information about incorrect statements by Ceballos and damaged my claim. Livers also did not include and persuaded me not to include information about QBE not fulfilling their responsibilities (more in section Background). This resulted in much lower compensation that would have been reasonably expected otherwise.
<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>


2023-06-14 Livers sent me Ceballos particulars. I resent my comments with a list of incorrect Ceballos statements and later sent some more. Livers convinced me that the best is to present them during the tribunal as they may not be accepted now otherwise. I was shocked that Ceballos resent the same particulars.


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 an audio recording of the conference.
[[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:


2023-07-20 Livers sent me a PIC determination. 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.
<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>


Now looking back the only reason why Ceballos sent an outdated particular on 2023-06-14 is that he already knew that Livers will not challenge and a PIC member will ignore obvious errors and will make determination in his favour.
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.


===How do you want us to help you to resolve your complaint?===
=== Analysis ===
 
# My complaint was considered by the Professional Conduct Committee of the Law Society of NSW (Committee).  
''Please note: One of our officers may contact you to discuss what we can and we cannot do ''
# 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.
 
# Investigate false statements provided by Ceballos.
# I believe that the level of incorrectness is so high that he is not fit to be a solicitor. Such a person should not be allowed to practise as solicitor in NSW.
# I do suspect collusion and corruption in Ceballos actions. I hope you will come to the 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.
 
Writing this complaint is exceptionally difficult for me. I did not expected that my claim will be determined based on incorrect information. However, this is exactly what has happened. It was dragged and delayed with incorrect statements and then determination relies on it too. That was re-traumatizing time and remember it triggers PTSD symptoms. It is shocking to realize brutal was incorrect information provided by Ceballos and well he used my disability not to be able to defend myself. It took me years of therapy to start unraveling what has happened.
 
==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:
# 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 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.
 
I was told by Law Partners that QBE has a right to share any assessment reports only if it suits them. If QBE is not happy with the report they can simply send me to another assessor till they will get an assessment that suits them.
 
I may have been misinformed as I read that insurance has to share report or should not send for further examinations: https://www.sira.nsw.gov.au/resources-library/workers-compensation-resources/publications/workers-and-claims/independent-medical-examinations
 
On the request of Ceballos Law Partners sent me for assessment by Ceballos selected psychologist Vanitha Moodley. 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. Law Partners pushed me to settle. It felt that the main purpose of the Moodley report was to help Law Partners to push me to settle. Ceballos submitted an application to PIC claiming that QBE should not pay any compensation. Law Partners used it to apply further pressure to settle.
 
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. Leonard organised an assessment by a psychiatrist who specialises in PTSD and submitted the documents I sent to her to PIC. She asked for the QBE damages application to be put on hold due to a medical dispute. Independent assessment confirmed PTSD and significant impact on my life 19% whole person impairment.
 
I do not have much information about previous communications between Ceballos and Law Partners as Law Partners share only little information. They were also careful not to provide much information in writing about their advice. However, Leonard shared more and the one significant example of incorrect statements by Ceballos was his application to review independent medical assessment on 2021-04-14.
Unfortunately since then 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 then hired Peter Livers to represent me, but his representation at the PIC tribunal was even worse.
 
== Timeline ==
; 2021-03-17 : PIC medical assessor Dr Wayne Mason issued a medical assessment certificate.
: File: "2021-03-17 Dr Wayne Mason assessment.pdf"
; 2021-04-14 : Mr Ceballos wrote to Ms Leonard and PIC appealing for an independent medical assessment.
: Files "2021-04-20-30 emails from-to Moya Ceballos appeal and my comments with evidence of errors.pdf" and "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf".
; 2021-04-15 - 2021-04-26 : I sent detailed information to Ms Leonard with supporting evidence that Mr Ceballos' appeal is based on factually incorrect statements. See previous complaint about Ms Leonard not disputing incorrect statements in Ceballos appeal.
: File : "2024-04-11 Errors in Ceballos appeal of 2021-04-14.pdf" - detailed list of incorrect statements in Ceballos appeal. I combined it into one file.
; 2021-05-04 : Ms Leonard sent me Campbell reply submissions. Campbell's submission does not dispute any incorrect statements by Ceballos. She only writes how the assessor addressed them. However, it is inaccurate, Mr Ceballos statements are factually incorrect and could not be part of the assessment. Next day Ms Leonard wrote that she will file the reply today and believe that the appeal has no material basis.
: File "2021-05-04 lr client email 24 plus submissions - Campbell reply to QBE appeal.pdf"
; From this time till next PIC assessment : I reminded Ms Leonard about factual errors in Ceballos and Moodley statements (on a few occasions Ms Leonard told me that she knows how and will deal with it), but she took no actions. More about it in previous complaints.
; 2023-09-30 : PIC medical review panel issued determination. Leaving diagnosis of PTSD and impact over 10%, but adding new diagnosis about functioning before the injury that seems to be based only on incorrect information from Ceballos and Moodley. After this she resigned, instead of trying to fix the situation and go for an independent assessment as I requested. She blamed previous lawyers and my lack of understanding how heavily my chances were affected by corruption ("political influence").
; 2023-11-21 : I got access to the PIC portal and downloaded the QBE application for damages on the 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 an agreement that his fees will be limited to regulated costs recoverable from the insurance company.
; 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 information about incorrect statements by Ceballos and damaged my claim. Livers also did not include and persuaded me not to include information about QBE not fulfilling their responsibilities (more in section Background). This resulted in much lower compensation that would have been reasonably expected otherwise.
; 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 me that he is aware of errors in Ceballos particulars and he will present objections to them all before and during the 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 with a list of incorrect Ceballos statements. Livers convinced me that the best is to present them during the tribunal as they may not be accepted now otherwise.
: File: "2023-06-14 email from to Livers - Re FW Attached Image - Ceballos particulars.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 an audio recording of the conference.
; 2023-07-20 : Livers sent me a 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 a solution but failed. One thing I have not relished is that Ceballos and Livers particulars together with PIC determination were providing a very incorrect picture and any attempt to find advice about it was doomed to fail. My health deteriorated so much that it became 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 becomes 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 a corrupted tribunal decision due to health reasons.
: File: "2023-08-27 Accepting APP-10268809 award.pdf"
 
== My complaint against Timothy Ceballos ==
Ceballos knowingly provided incorrect information to PIC while claiming that this information is correct.
# On 2021-04-14 Ceballos submitted File "2021-04-14 - Letter to c sols serving PIC Application - appeal to assessment.pdf" has Ceballos incorrect statements about Dr Mason assessment and file "2024-04-11 Errors in Ceballos appeal.pdf" has a list of incorrect statements by Ceballos.
# 2023-06-14 Livers sent me Ceballos particulars and I resent my comments. Livers convinced me that the best is to present them during the tribunal as they may not be accepted now otherwise. File: "2023-06-14 email from to Livers - Re FW Attached Image - Ceballos particulars.pdf"
The form provided by Ceballos has the following declaration:
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 correct and Ceballos must been aware of it.
=== Obviously incorrect statements ===
=== Intentionally misleading statements ===
==== Misrepresentation - Professional misconduct - Corruption ====
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:
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)])''".
# [[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.


===Attachments===
I am going to submit a [[Request to review the Law Society decision]] to OLSC.

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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