High court puts two local lawyers on probation

BY HEATHER MILLER
THE DAILY IBERIAN
Published/Last Modified on Friday, July 4, 2008 2:08 PM CDT

The Louisiana Supreme Court this week gave probation to two New Iberia lawyers of David Groner’s law firm.

Two former clients alleged they were misrepresented by Groner and April Petry Defelice in a car accident lawsuit, according to documents from the Supreme Court. The documents do not state when the incident happened.

Groner received a fully deferred six-month suspension. That means he can practice law while completing a one-year supervised probation period. He also has to successfully complete the Louisiana State Bar Association’s Ethics School, according to the documents.

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Groner said he did not represent the clients, Antoinette Mason and her grandson Jermaine Mason of St. Martinville, but took responsibility because he owns the law firm.

“I agreed with the filings because this was all based on a very technical error,” said Groner.

“It had to do with paperwork errors. I want to accept responsibility and put it behind me.”

Defelice received a fully deferred 90-day suspension, according to the documents. She too can continue to practice law while serving a one-year supervised probation period. She was not available for comment.

According to the documents, Defelice filed suit in Iberia Parish on behalf of the Masons two days before the one-year anniversary of the wreck. It should have been filed in St. Martin Parish. Defelice later filed a new lawsuit in St. Martin Parish, but defense lawyers, who had not been served with the lawsuit until several weeks after the deadline to file it, had the case moved to federal court and dismissed because it was filed too late.

Groner said that Defelice explained to the Masons that it wasn’t a case worth pursuing. The documents state that Groner’s firm issued a $1,000 check to Antoinette Mason and a $500 check to Jermaine Mason and the Masons signed a “release agreement,” which released Groner’s firm from any present or future claims and released the defendants in the underlying wreck.

After the payments were issued, the documents state that one of the treating physicians, Dr. Adel Malahmeh, contacted Antoinette Mason regarding outstanding charges for their treatment totaling nearly $10,000.  When she told him the case was settled, the doctor filed suit against her.  

Groner said the doctor is a chiropractor who had billed the Masons with enormous charges.

“Rather than have the client exposed to that, I paid that bill,” Groner said “I didn’t have to, but I did.”

The Masons then filed a complaint with the Office of Disciplinary Counsel, stating they were not told about the lawsuit being filed in the wrong parish and subsequently being filed too late, according to the documents. They also claimed they believed the release they signed was a settlement to their case.

Comments

    FUMBLE ptII wrote on Jul 10, 2008 1:14 AM:

    " Why couldn't the Lawyers just admit that they had performed an incompetent act and had breached the relations between them and the Masons. Dr. Adel on the other hand would do nothing to darken the relations between himself and his patients. Dr. Adel is a courageous pioneer of Chiropractics and his sevices are saught after patients have exausted the best of traditional medicine. The cost of his services should not have been questioned when traditionalist test can exceed $10.000 prior to a diagnosis.
    Punishment for the Lawyers disregarding the LAW should have exceeded the slap on the wrist. "

    Groner Defelice Really FUMBLED THE BALL ptI wrote on Jul 10, 2008 12:13 AM:

    " How on earth can Attorneys David Groner and April Defelice be allowed to totally disregard the LAW and display such POOR Judgement when it comes down to this case. Guys You Dropped the Ball. So Fess Up and stop trying to PASS the BLAME onto Dr. Adel,and WORST OF ALL onto the MASON's. First of all the Mason's showed such high regards for your Firm to allow you to handle their case. There are far too many Law Firms in this state.
    These Lawers tried to cover up their noncompliance with the Statue of the LAW "

    Tisha L Miller wrote on Jul 9, 2008 9:24 AM:

    " If the supreme court (The Highest Court) in the state charged Groner with fraud,deception and dishonesty were is Phil Haney from that how come he is not arressted by now is he above Phil Haney too or its politics, I know Groner is a big contributor! "

    overeacting wrote on Jul 8, 2008 10:38 PM:

    " Sounds to me like they made a mistake and "somebody" brought it to the medias attention to make themself look better. "

    Deborah C. White wrote on Jul 8, 2008 10:40 AM:

    " I certainly feel that Dr. Adel should have the right to tell his side of the story. If his name was brought into this picture the Daily Iberian usually interviews everyone involved, especially if someone is brought into a situation. Why was Dr. Adel not given this opportunity? If is gonna be reported it should cover all details. I don't find this is fair to Dr. Adel. I hope it gets the opportunity he deserves. "

    Whats up with lawyers wrote on Jul 7, 2008 8:51 PM:

    " It seems that there is some arrogance of the lawyers involved. So the case was not worth pursuing because the lawyers messed the case up. Can anything be done about this? I guess I will have to watch out next time I hire a lawyer. "

    Dumb and Country wrote on Jul 7, 2008 7:55 PM:

    " There are some issues that I would like someone to address just so this country bumpkin can understand. If Mr. Groner represented these people, does that not make him obligated to an oath of confidentiality? Now the general public knows who these people treated with, and how much their bill was. HIPPA who?

    Secondly, the Supreme Court website used the words misrepresentation and fraud. Usually those words imply some type of bad intent before the act, not just a casual mistake. Were it not lawyers, would the word crime come to mind also? Umm "

    To no friend of lawyers wrote on Jul 7, 2008 9:29 AM:

    " "Groner said that Defelice explained to the Masons that it wasn’t a case worth pursuing."

    The lawyers told the masons it was a bad case. Its kinda true that it wasnt worth pursuing but the lawyers mistakes made the case bad. So the Masons believe that their case was bad from the start and the lawyers doesnt say anything about their mistake and doesnt pay the chiropractor. the lawyers did not want to be sued for their mistake so they paid them small dollars compared to what the case was probably worth before the lawyer mistake "

    Dr. David Darby wrote on Jul 6, 2008 7:06 PM:

    " The only issue I have with this story is that I don't really see what the total amount of the bill has to do with anything, nor the fact that the Doctor is a Chiropractic Physician. For instance, MRI's and physical therapy ordered by a medical doctor could easily surpass that amount. It sounds to me like the patients, the attorneys, and the Doctor did not communicate. People need to realize that if they incur medical or chiropractic bills in a car wreck, someone has to pay it. It's not like winning the lottery. "

    Peter H. wrote on Jul 5, 2008 7:23 PM:

    " Why does Groner think that he is above the law and the people of New Iberia.

    It seems that attorney Defleas made a bad mistake. I would like to here what she has to say about this. "

    Dr. Adel J. Malahmeh wrote on Jul 5, 2008 7:13 PM:

    " It is a shame that the Iberian did not call me to get my side of the story. There is a lot more to this story that is not being published.

    I invite Heather Miller to call me for an interview. Iberia Chiropractic Clinic. 365-2714 "

    No friend of lawyers wrote on Jul 5, 2008 6:20 PM:

    " To T. Edwards, what other attorney made the mistake? What mistake did he make? The whole story did not make any sense to me. Did the doctor steal the $10,000? "

    T Edwards wrote on Jul 5, 2008 7:35 AM:

    " I know David Groner and he is a really good attorney with a great reputation. It is a shame he is held responsible for another attorney's mistake. "

    Glued screwed and tatooed. wrote on Jul 4, 2008 9:04 PM:

    " What exactly did the lawyers do that was so bad? I got screwed by a lawyer and it wasnt any fun. Did the lawyer have to pay the people? "

    D. Hertz wrote on Jul 4, 2008 3:20 PM:

    " Why didn't the reporter speak to the others involved? Where is the input from the former clients? Where is the quote from the doctor? Is this responsible reporting? I would like to hear what they have to say. "

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