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.
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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.
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I saw nothing wrong with the excerpts of Pignato's letter reported here. Is it such a shock that that someone accuses a lawyer of only being interested in making money? This letter was obviously written out of frustration and in response to disruptive behavior by the opponent. Why didn't the judge address that? This looks like the proverbial referee calling the foul on the guy who swung back after getting punched.
I worked for an attorney in the medical business. She was the company president. She was a litigious whore - bullying everyone. She knew how the system worked and she would 'wear out' anyone who objected to our company's tactics. As a CPA, a profession that stresses ethics and decorum, I was embarrased to be associated with a company in it only for the money. I'll never work for a lawyer again.
In about 1990 Allstate commisoned a study on how to increase profits. As a result of Allstate (and now most other insurance companies) implementing this study their profits have sky rocketed. This study is a guide to harassing claimants by denying their claims and protracting litigation in an effort to "wear out" most people. The last stage of this protocall is to "Take the Gloves Off". Ironic isn't it that the Good Hands People are Taking the Gloves Off. Make a claim and see if you get the treatment. And don't think the Insurance Commisioner's Office will be of any help because the insurance companies fund their campaigns.
After reading the contextual excerpts from the letters Mr. Pignato wrote I'm falling down laughing. It didnt seem so harsh to me, in fact he got in some good jabs; I love the part where he says "You're just a broker who refers difficult cases to experienced lawyers." Don't get me wrong, I'm absolutely no fan of insurance companies and their rapacious nature and their many times purposeful non-payment of justified claims. Insurance companies are nothing more than legalized and highly shielded bookies and some of them have really nasty enforcers (attorneys). But in this case these other lawyers obviously havent ever been talked to like adults and ran to the teacher.
Its a least a bit of good news that the case is in federal court. The county courts like the insurance companies and often take their sides. I'm sure some of the animosity is because it was moved to federal court. I am sure Geico was not happy because they do so well at state court. In federal court, its a whole different game where its harder to get judges into their back pockets. Pignato will find it harder to sway federal judges like he has been able to at county. Anything can happen at county, at federal, its cut and dry. The real victim here is the client who gets caught up in the whirlpool of legal maneuvering. Best of luck at fed and don't take crap from anyone!
Sparky (Mark), Oklahoma City - May 11, 2008 at 8:59 pm
Katarina, let me see if I'm reading this correctly. A cop is standing there writing an accident report, tells you the other driver appears to be intoxicated, TELLS YOU TO REPORT IT. Isn't that the cop's job? Don't get it.
Not all attorneys shine as brightly as those affiliated with the American College of Trial Lawyers. It's not enough to win cases, any good attorney can do that. It's about conducting oneself with a high degree of "courtly" behavior.
Now, if College would only allow more women in, beyond the ONE they have, it'd be just perfect.
What's the bad side for Pignato? He gets published in a trade journal of his profession. How often does that happen to the rest of us. For me to get published in my trade's journal, I would basically have to invent an "energy from air" device. So be thankful Mr. Pignato, you get a free article that may just go national.
I've said much worse than that to lawyers and Judges. And to be completely honest, I am sick and tired of lawyers doing to us what prostitutes charge for! And that's the most civil I can be on this subject.
Oh come on, the "potted plant" routine was "old" when I first noticed hearing it, like somewhere around 57 years ago. Then there was the bit "make like a tree and leaf," which was reborn in Back to the Future. Or, "if you were any nuttier, you'd be a fruitcake" and then there was the one where I laughed so hard I kicked the slats out of my cradle, "your mama wears combat boots." The guy should have been dressed down by the judge, no doubt, not for offensive, unprofessional language, but rather lack of creativity, spontaneity and any semblance of post-adolescent intellect. I had no idea sharks were so thin-skinned.
I was involved in a non-injury accident several years go. I was getting off work late one night and another vehicle clearly ran a red light and hit my car. Police came and took the report and while I was being interview, remarked to me that the other person appeared to be intoxicated and that I should report it. I went to court to visit with the judge in charge at that time and told him what I had been told. The judge said that I should have the man arrested for drunken driving. (I should have retained counsel. My error for not playing the sytem right). Anyway, I had the man arrested and we went to court. Again, I thought it was open and shut but when I presented my case and the judge asked me where my counsel was he proceeded to chew me out in front of everyone and said that the defendent should press charges for false arrest. No one did and it was dismissed but it left a bad taste for court proceedings in my mouth since.
This incident reminds me of the judge who spoke about the wizard of OZ recently. I think telling another lawyer to sit in the corner like a potted plant is hilarious. There are many I would like a few choice words toward in a non accountable situation. HOGWASH.
Some told me once that no matter how crooked, dishonest or deceitful the law is, it is still the law and the institution should be respected. This is not my normal type of forum. Too legalistic. LOL
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Excepts from Gerard Pignato's letters
"Your self-serving comments are putting me to sleep.
"There are people out there who work hard every day — like teachers, coaches, policemen and firemen — and who make a difference in peoples' lives every day. They live on a meager existence. Then, there are people like you who seem to thrive on creating havoc. People like you have no intention of making the world a better place to be. Their only interest is in making lots of money for themselves.
"Please spare me your phony sermons. I do not want any more of your self-serving letters; save the paper.”
"Can you not say anything in a page or less? Who are you? You're just a broker who refers difficult cases to experienced lawyers. You're a witness in this case. Be like a potted plant and sit quietly in the corner.”
Article hasn't been published yet
Pignato has not submitted his article for the bar journal yet, but it could appear in December's issue.
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Now, if College would only allow more women in, beyond the ONE they have, it'd be just perfect.
This incident reminds me of the judge who spoke about the wizard of OZ recently. I think telling another lawyer to sit in the corner like a potted plant is hilarious. There are many I would like a few choice words toward in a non accountable situation. HOGWASH.
Some told me once that no matter how crooked, dishonest or deceitful the law is, it is still the law and the institution should be respected. This is not my normal type of forum. Too legalistic. LOL