Case against Peter Livers

Peter James Livers solicitor misrepresented me during PIC Assessment Conference making the award significantly lower sum for damages. He also misinformed me multiple times. This page follows and influence my guide on challenging lawyers misconduct in court.

Collecting information

When dealing with Livers misconduct there are a few main sources of evidence:

1. Communication with Livers
   1. Emails from/to Livers
   2. Documents given to me by Livers
   3. Meetings with Livers
   4. Phone calls with Livers
2. Livers actions on my behalf
   1. PIC archives: messages on the system, separate files, record of assessment conference
3. Timeline

Background

I was born and grew up in Lithuania, but since 2007 I have lived in Sydney NSW. By profession I am a software developer. I was very skilled in my profession (I have PhD in computer science) and before I got injured I was working on my own product, realising a long last dream to start my own business.

2015-03-30 I got hit by a car. The driver was at fault by not giving a way, when making a right turn. It severely affected my life: physical injuries, chronic pain, insomnia and long term Post Traumatic Stress Disorder (PTSD). UPDATE: main PTSD symptoms.

2018, I contacted solicitor Gillian Potts from LawPartners to represent me. She later included barrister Kenneth Pryde. They misrepresented me by not collecting or submitting important information about the impact of injury (for example they withheld the information that I have PTSD and downplayed it to depression). At the end of 2019 they started pressuring me to settle under very bad conditions.

2020-03 Timothy Ceballos, solicitor from McInnes Wilson Lawyers representing QBE arranged to have an assessment by Vanitha Moodley, a psychologist. The report is full of absurd and obvious lies.

I asked Law Partners to dispute it and submit documents for independent assessment as they promised before. Instead, Law Partners used that report to push me to settle under very bad conditions and charged exaggerated fees.

2020-06, I changed solicitors to Moya de Luca-Leonard. She submitted PTSD related medical records and got recognised as having a significant impact on my life. However, after this, she withheld information about lies by Moodley and Ceballos. This led to a medical panel review that was only partially accurate. When I asked to submit documents to PIC for independent assessment Leonard resigned 2022-11.

2023-01 solicitor Peter Livers from Slattery Thompson law firm started representing me. He represented me at the Personal Injury Commission Conference 2023-06-28 for my personal injury claim. The conference went terribly badly. There were actions by Livers that I identify as professional misconduct. However, these actions differ a lot in their impact. With regard to some of the actions, corruption is the only logical explanation I can come up with. Other practices also perfectly fit into corrupt behavior and attempts to cover it up, but on their own could be explained by highly damaging negligence if not the other corrupt actions.

UPDATE: shorten and include more severe misconduct. Livers 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 completed no work. I had to do everything myself and relied on advice from other solicitors. He did attend the 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 payment 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 one time. I suspect that Lives miscount caused further financial loss that will become apparent after finalizing Medicare Compensation Recovery.

What went wrong

Page Misrepresentation by Peter Livers has full list of things done wrong by Livers. Mainly it falls into these 3 categories:

1. Misrepresentation during claim process that resulted in significant reduction of potential award for damages
2. Providing false information and ignoring personal instructions.
3. Gross exaggeration of fees, breaching the contract

Estimated damage caused by Livers

Total impact of Livers misconduct is Total = $2,724,652.29 . It consist of following parts (details provided in subsections):

1. Damage to claim $1,805,071.49
2. Non-economic loss $150,000.
3. Additional treatment expenses $10,000
4. Interest lost from the damage to claim $260,014.37
5. Interest lost because of delays
6. Interest lost because of Livers fees $4.566,43
7. Extra efforts 100,000
8. Extra treatment
9. Loss of income due to CTPSD and Time lost

Damage to my claim

1. Non economic loss: $300,000 - estimated, Livers have not included it in his particulars, but during assessment conference Livers insisted to ask for $500,000.
2. Economic loss= $1,599,316.65
3. Superannuation of 9% = $143,938.49
4. Past Gratuitous Care = $50,000
5. Future Gratuitous Care = $70,000
6. Past Medical Expenses = $11,245.85
7. Future Medical Expenses = $41,500

Total = $2,216,000.99 Damage calculation

I got total of $410,929.40. There is a difference of $1,805,071.49.

Non-economic loss

The examples of compensation for pain and suffering that I know of is from road traffic injury. They were unfairly low. However, even these range from $100,000.00 to $625,000.00. Given my very limited knowledge of how it is calculated and the fact that the primary cause of trauma is road traffic injury and this is only a retraumatizing event I would estimate compensation value of $150,000 for Law Partners part.

My personal opinion is that it should be about $300,000.00, but it does not follow the advice I got about compensation for non-economic loss that I have received from lawyers.

Not included

Medicare expenses were not updated properly.

Legal expenses were not included properly.

Interest lost from the damage to claim

Total of $1,805,071.49
Average interest in Australia = 5.075%
Total Interest = $260.014,37

Interest lost because of livers fees

Exaggerated fees $31.701,07 at rate of 4.25% from money kept in trust fund = $4.566,43

Non-economic loss because of additional trauma

I got $150 000 compensation for non economic loss.

Extra efforts

100,000

Extra treatment

10,000

Filling form 3B

3B form and guide is on https://ucprforms.nsw.gov.au/ web site.