Peter Livers exaggerated fees

This is a complaint to the Office of the NSW Legal Services Commissioner about solicitor Peter James Livers. I believe his fees were exaggerated and his actions should be qualified as professional misconduct. I describe the actions of Livers as I believe them to be and provide the reasoning for this conclusion in this complaint. I am still gathering information and evidence about his actions, but I am submitting this complaint now to meet the deadline for complaint about his fees.

Peter Livers and my contact details are provided in email.

Dr Alfonsas Stonis 2024-02-19

Complaint Details

Have you tried to resolve matter with the lawyer?

No.

If yes, how? If not, why not?

I informed Livers that I do not agree with this assessment of the cost.

I think his request for payment is too early, because:

The claim is still ongoing. Some work is not completed yet. Medicare is holding 10% of compensation. Livers called it just formality, but I suspect it will reveal further financial loss caused by Livers actions.
I have not received from Livers all information to assess his work. I wrote to Livers asking for communications he has not provided previously. He replied that there were none, but information from the Personal Injury Commission indicates otherwise.
There were fees from previous layers being held by Livers in a trust account. While earlier he promised to help to deal with previous lawyers' fees, he has done nothing. I am dealing with their fees myself. However, he still will need to transfer funds when I come to agreement or assessment of previous solicitors' fees.
I am concerned about negotiating with him while some matters are still ongoing, and I need additional information from him. He may take some actions that I am not aware of and cause further financial loss or complications as he did during the PIC assessment conference.
I strongly disagree with Livers' fees. He provided no positive contribution to my claim. From Livers involvement almost all work was done by me and Livers only contribution was withholding crucial information, providing damaging legal advice and badly written submissions to the PIC assessment conference.

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?

Complete description of the complaint does not fit in text fields in complaint form. I provide it below after the formal parts.

Peter James Livers is a solicitor from Slattery Thompson law firm that represented me at the Personal Injury Commission Assessment Conference 2023-06-28 for my personal injury claim. The conference went terribly bad. There were actions by Livers that I identify 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 behavior and attempts to cover it, but on their own could be explained by highly damaging negligence if not the other corrupt actions.

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 show up at 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.

If I understand correctly OLSC can consider a complaint about solicitor's fees only within 60 days after request for payment has been made. I do not think this is a 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.

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

Check if Livers voided the contract by misrepresenting, negligence and providing incorrect information. If so, make the contract void.
f the contract is still void his bill is grossly exaggerated as his contribution is minimal. Please help me to reduce it to a reasonable sum.
I believe some of his actions are unprofessional and at least negligent. I do suspect corruption. I hope you will take appropriate action.

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?

Yes

Notes There were two main reasons why I will need to update my complaint or submit a new one about conduct of Livers:

Some information is not available yet
Difficulties due to my mental health problems

I am waiting for Livers to deal with Medicare. He sent me some forms to complete in December 2023. These forms had to be completed before the PIC assessment conference if I understand it correctly. I have completed and returned them. I am waiting for a response from Medicare and to see what Livers will do about Medicare Recovery.

I am also waiting for information from PIC. I got a transcript from the PIC assessment conference, but a large part of the assessment conference is missing. Some parts are identified as "not transferable", but there is also part of the conversation missing. For example, there were no questions about personal injury claim form from Mr Ryan or questions from Mr Livers after the member said it was Mr Liver's turn to ask questions. I requested an audio recording of the conference.

I am collecting other information related to Livers actions and I will submit an update on the complaint once this information becomes available.

I am trying to describe everything as accurately as I can. Unfortunately, many of these memories cause high levels of stress. It quickly triggers PTSD response and shuts down my ability to think. Often, I have to take a long break or can continue only the next day or even later.

There were also other problems related to PTSD as some memories got blocked and I am at risk of missing some important information while writing a complaint, but it might come back later. Also when stressed I may not express myself very clearly, partially it is due to the fact that then I think in Lithuanian and may lose some meaning in translation. However, I do my best to be precise and I try to present facts accurately. I am also tired all the time and I constantly have to push myself to exhaustion while still getting only several productive hours a week. I dedicate all my time and energy to solving my legal problems as it is also a way to get better. I hope I am not missing any deadlines this time.

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

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