Lawyer's 'offensive' remarks are subject of judge's rebuke

An ongoing dispute between an injured skateboarder and his insurance company got so contentious that a federal judge had to scold one lawyer for unprofessional conduct.

Oklahoma City attorney Gerard Pignato has been ordered to write an article on civility and professionalism for the Oklahoma Bar Journal after telling another attorney to "be like a potted plant and sit quietly in the corner.”

That order came last month after attorneys for the injured skateboarder complained about Pignato's "offensive and unprofessional personal attacks.”

Attorneys David Bernstein and Joseph Acquaviva said, in court papers, they tried to address those attacks with Pignato before turning to U.S. District Judge Vicki Miles-LaGrange for help.

They asked the judge to halt the attacks, prompting the April 14 rebuke of Pignato.

Pignato, who apologized in court papers, declined to comment on the order, as did Bernstein and Acquaviva.

Dan Murdock, general counsel of the Oklahoma Bar Association, said it is not unusual for attorneys to file grievance against other lawyers. He said the rules of professional conduct for lawyers require them to report misconduct by other lawyers that raises questions about their honesty or fitness to practice law.

Pignato's article is supposed to be aimed at young lawyers, according to the judge's order.

Law students at the University of Oklahoma are taught to treat each other with respect, Dean Andy Coats said. They must pass a test on ethics and professionalism before they can work as legal interns.

Coats applauded the ruling by Miles-LaGrange.

"I'm pleased the judges are taking a firm stance on that,” he said. "Incivility shouldn't be tolerated.”

The ongoing case that included Pignato's reprimand is replete with accusations of misconduct.

The case pits a Norman resident who was hit by a car in October 2004 against Government Employees Insurance Co., commonly known as GEICO. The driver of the car has never been identified so Sean Johnson is pursuing a claim with his own insurance company.

Johnson, who suffered a broken collarbone, is seeking more than $30,000 in damages, alleging breach of contract and bad faith in a lawsuit originally filed in Cleveland County District Court in June. It was moved to federal court in Oklahoma City in August.

Johnson's attorneys acknowledge they expected an aggressive defense from GEICO, but not Pignato's attacks.

"Mr. Pignato's aggression has been misplaced, repeated, offensive, unprofessional and must now be stopped,” they wrote in a March court filing.

Bernstein and Acquaviva argued those attacks violated the Oklahoma Code of Professional Conduct, which requires lawyers to demonstrate respect for the legal system and those who serve it.

Pignato acknowledged some inappropriate comments, in his own court filing, but contended the bile that has marked the case was caused by Acquaviva's decision to engage in "trench warfare” with GEICO, a former client.

He also noted the request for sanctions against him came after he filed a motion to have Acquaviva removed from the case because of a conflict of interest.

Pignato accused Acquaviva of extortion for allegedly threatening to sue one of Pignato's associates and his law firm if the case was not moved back to district court.