Peter James Livers solicitor: Difference between revisions
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; 2023-07-20 : Livers forwarded PIC determination. | ; 2023-07-20 : Livers forwarded PIC determination. | ||
: It has reference to attached sheet for calculation of costs: ''64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30."'' I have not noticed that some information is missing. | : It has reference to attached sheet for calculation of costs: ''64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30."'' I have not noticed that some information is missing. | ||
: Files: "2023-07-20 PIC determination.pdf", "2023-07-20 email from | : Files: "2023-07-20 PIC determination.pdf", "2023-07-20 email from Livers - FW Attached Imaged - PIC determination.pdf" | ||
; 2023-07-26 : PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC. | ; 2023-07-26 : PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC. | ||
: File: "2023-07-26 PIC message - Stonis part 23.pdf" | : File: "2023-07-26 PIC message - Stonis part 23.pdf" | ||
; 2023-07-31 : Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me. | ; 2023-07-31 : Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me. | ||
: File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf" | : File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf" | ||
; 2023-08-04 : I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked | ; 2023-08-04 : I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked how PIC member come to legal costs sum. | ||
: File: "2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf" | : File: "2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf" | ||
; 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. | ; 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. |
Revision as of 07:35, 13 January 2025
Peter James Livers is a solicitor from Slattery Thompson law firm and represented me for my persona injury claim from 2023-01. He represented me at PIC Assessment Conference 2023-06-28 for my personal injury claim. It went terribly bad, and I doubt I will be able to fix it. All I can do now is to try to get some justice, so that other people do not suffer same way.
There were actions by Livers that can be identified as professional misconduct. However, these actions differ a lot in their impact. For some corruption is the only logical explanation I can come up with. Others also perfectly fit into corrupt behaviour and attempts to cover it. Some of the remaining actions could be explained by highly damaging negligence if not the other corrupt actions.
I spend almost a year collecting and providing missing information for my claim. However, I got a result that was even worse that previous bad result. Livers played major role in making sure that I get minimum compensation.
I wrote a review about him on Google maps, you can read it at this site too.
Summary
Ceballos provided false information about mental health status, misquoted medical documents and statements and provided false statements reducing severity of injury. Livers 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:
- 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
Exaggerated fees
Liver sent me an email on 2019-12-19 with the estimate of his costs. 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 done 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. About some of his misconduct I have learned only 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: for example, 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.
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 complaint to OLSC about Peter Livers exaggerated fees and then submit another complaint about his misconduct when I have all the required information.
Severe misconduct
Failure to provide key information for my claim
Ceballos provided lots of incorrect statements, sometimes going to absurd levels. All this could have been easily disproved by just checking that information as Ceballos often misquoted documents changing their meaning to opposite what is written in original documents. I provided information about lies from Ceballos. Livers was very insistent that I do not present this information in written form. Instead, he promised to do it himself. He was delaying and changing his plan. At the end promising to present everything during tribunal and did not do this. He actively prevented me from showing that Ceballos statements were factually incorrect.
Withheld information about barrister representation
Damaging advice for non economic loss
Not provided information for treatment compensation (medicare) expenses objection by QBE
Not provided information about legal costs objection by QBE
False promise to go to court
who was telling me all the time that I should not be worrying and spending so much effort on PIC assessment as we he strongly recommends going to court after assessment. However, after assessment suddenly after I got terrible result and asked OK, lets go to court
Refused to provide table of Damages and Costs Calculation
PIC determination mentions the attached sheet that provides information how damages and costs were calculated. This would allow me to check correctness of calculations and latter on calculate regulated cost that are meant to be shared by my lawyers. Livers did not provide me this information. I asked Livers multiple times to provide it, but Livers refused to do so. At the end I got this file from PIC.
Timeline
- 2023-06-26
- I sent Livers information about Dr Peter Anderson medical legal assessment fees.
- File: "2023-06-26 email to Livers - solicitors file.pdf"
- 2023-06-28
- PIC assessment conference.
- 2023-07-09
- I sent to Livers the bank transaction records of payment to Dr Peter Anderson.
- File: "2023-07-09 email to Livers - Medical assessment by Dr Peter Anderson expenses.pdf"
- 2023-07-11
- I sent to Livers the receipts from Dr Peter Anderson.
- File: "2023-07-11 email to Livers - Fwd_ Dr Peter Anderson.pdf"
- 2023-07-20
- Livers forwarded PIC determination.
- It has reference to attached sheet for calculation of costs: 64. I assess the Claimant's legal costs and disbursements in accordance with s 149 and 150 of the Act and the Motor Accidents Compensation Regulation 2015 in accordance with the attached sheet in the sum of $41,319.30." I have not noticed that some information is missing.
- Files: "2023-07-20 PIC determination.pdf", "2023-07-20 email from Livers - FW Attached Imaged - PIC determination.pdf"
- 2023-07-26
- PIC sent damages and costs calculation details to solicitors and asked if they agree with it. Livers withheld this information from me and I find out about it only after I sent GIPA request to PIC.
- File: "2023-07-26 PIC message - Stonis part 23.pdf"
- 2023-07-31
- Barrister Andrew Stone asked for a copy of a cost submissions. This is a first time it has been mentioned to me.
- File: "2023-07-31 email from Livers - FW_ Attached Image - Stone response.pdf"
- 2023-08-04
- I asked for Livers for cost submissions. Livers replied that submissions were made during assessment conference. Then I asked how PIC member come to legal costs sum.
- File: "2023-08-04 email from Livers - Re_ FW_ Attached Image - qestion about cost submissions.pdf"
- 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"
Negligent management of the claim
There were actions or lack of actions by Livers that perfectly fits corruption scheme, but could be explained by very high level of negligence, if not the other actions that can be explain only by corruption.
Delaying getting file from Moya de Luca-Leonard
- 2023-01-24
- Signed authority to get file from Leonard, tri-parted agreement to get file from Leonard and agreement for Livers to represent me. Livers told me that he will get files from Leonard and then having all information come back to me.
- 2023-01-27
- I enquired Livers did he got the file. PIC was wrongly informed by Ceballos that another lawyer is representing me.
- File: 2023-01-27 email to Livers - I got a message from QBE on PIC portal.pdf
- 2023-01-30
- Livers forwarded me email from Leonard that she believes that I should accept her fees and that I indicated so. Leonard also wrote that she is getting file ready. I replied that it is not true. That because Leonard has resigned, that she gives up her fees. I wrote to Livers the reasons why I am not satisfied with Leonard work and her fees.
- File: 2023-01-30 email from Livers - FW: Attached Image.pdf, 2023-01-30 3964_001 - email from Leonard.pdf
- 2023-01-31
- I sent summary of my claim in case if it takes longer to get file from Leonard. During next few days I forward other information from PIC and providing information that the uncertainty is causing me a lot of stress. PIC made an appointment for assessment, and I was calling Livers urging that we need to take action. Livers maintained his view that we have plenty of time and he will be able to do everything on time once he gets file from Leonard.
- Files: "2023-01-31 email to Livers - Short summary of my claim situation.pdf" and "Reply Claim assessment and resolution service.pdf" (from above).
- 2023-02-07
- I wrote follow up to Livers about getting file from Leonard. It seems he have not done anything since the last time. He contacted PIC for time extension.
- Files: 2023-02-07 emails to from Livers - Getting files from Moya.pdf
- 2023-02-22
- I called Livers a day before and I wrote ageing to Livers reminding about urgency to get file from Leonard.
- File: 2023-02-22 email to Livers - If or when you get files from Moya please let me know and if you want to find how to use Google drive I would be glad to help.pdf.
Other delays
- 2023-02-21 and 22
- I sent 2 emails with my work summary and with 5 questions in it. Livers did not reply. I asked the same questions next time I met Livers, and it became clear to me that he have not read it.
- File 2023-02-21 email to Livers - Work Summary.pdf
Not being able to cope
This injustice intensified my PTSD symptoms so much that I was consonantly overwhelmed by panic attacks. I could not think at all. My body went into autopilot mode with only one task - survive.
Money lost from interest on trust account
There must be more specific English word for this, but I can not thing of it right now. I will fix it when I remember it.
Background
- 2023-06-28 PIC Assessment Conference.
- 2023-07-20 Hugh Macken uploaded determination.
- 2023-08-08 I submitted request to fix obvious errors and that I will accept the determination.
- 2023-08-22 Livers sent me email informing that PIC decided that there we no errors in determination and asked me to send another confirmation accepting the award.
- 2023-08-30 Not being able to cope I accepted corrupted tribunal decision due to health reasons.
Money held in Ceballos account
- 2023-08-30 Ceballos got money from QBE to make a payment. I do not have exact record but based on information provided by Livers. I would prefer to have bank transaction records, but not sure how to get it.
- 2023-12-19 Ceballos transferred money to Livers.
- Ceballos held