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Sun May 11, 2008

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

 
 
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By Jay F. Marks
Staff Writer
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