Lawyer Who Made Snarky Comments Ordered to Write Civility Article

Legal Ethics

Lawyer Who Made Snarky Comments Ordered to Write Civility Article

Posted Apr 30, 2008, 06:12 am CDT
By Debra Cassens Weiss

A lawyer who ordered opposing counsel to "sit quietly in the corner" and "be like a potted plant" has been ordered to write an article on civility for that remark and other cutting comments.

U.S. District Judge Vicki Miles-LaGrange said lawyer Gerard Pignato should submit the article to the Oklahoma Bar Journal within six months, the Legal Profession Blog reports. The judge cites these comments Pignato made in letters to the opposing lawyer as examples of his improper remarks:

“I am in receipt of your second fax. …. Please stop the charade. 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. …. 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 live. Their only interest is in making lots of money.”

“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.”

In the April 14 order (PDF), Miles-LaGrange, of Oklahoma City, said Pignato should include an explanation of why he is writing the article and should direct it to younger lawyers.

A hat tip to Legal Blog Watch, which posted the story.

Comments

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Posted by Mike Harrell - 2 weeks, 13 hours, 37 minutes ago

I hate to say it, but this seems really kind of mild to me. I can’t believe that opposing counsel even thought to complaint to the judge about Pignato’s professionalism or that the judge sanctioned Pignato for lack of the same. I’ve dealt with far worse over the years. The way to handle unprofessional conduct that is realtively mild is to work that much harder to prevail over your opponent in the matter you are handling against your opponent. You won’t necessarily gain your opponent’s respect. But you’ll feel better, and your client will benefit.
Posted by Brian Tome - 2 weeks, 13 hours, 3 minutes ago

I agree with Mike. Although the letter is offensive, it is communication between counsel and, unless it strays from the rules of professional ethics, the judge should stay out of it. Furthermore, if it strays from the Ethics regs, it should be referred to the office of disciplinary counsel, not the judge presiding over the case.
I will qualify my comments by saying that if the court has adopted a rule that directs or allows sanctions and allows for such creativity in fashioning them, I defer to the judge.
Absent such a rule, the judge has acted in a paternalistic fashion that would make me very uncomfortable.
Posted by Mark Hickernell - 2 weeks, 13 hours, 3 minutes ago

I have to agree with Mr. Harrell. The conduct described is rude but hardly beyond the pale (unfortunately).
Posted by David Butler - 2 weeks, 12 hours, 56 minutes ago

With due respect to the commentators, the quoted excerpts from Mr. Pignato’s letter were apparently only samples of several instances over the course of the case, as I read Judge Miles-LaGrange’s opinion. She apparently thought the sum of all of the conduct tipped over the civility line.
Posted by matt - 2 weeks, 12 hours, 55 minutes ago

This story is somewhat incomplete - there was also a history of discovery abuse and delay tactics by the sanctioned attorney. The “snarky” comments were just the icing on the cake.
Posted by eileen - 2 weeks, 12 hours, 24 minutes ago

Where does the word “snarky” come from? I can’t find it in the dictionary.
Posted by by_gosh - 2 weeks, 11 hours, 8 minutes ago

I liked the potted plant reference! I suspect there are opinions written by the U.S. Supreme Court justices that would make this language seem mild. The least tolerant branch of government with respect to free speech always seems to be the court system. How ironic!
Posted by bruce - 2 weeks, 10 hours, 52 minutes ago

In my experiences with Mr. Pignato, he has never been anything but professional and cordial. Like so many other lawyers, I have encountered far worse than what was reported.
Posted by Mike - 2 weeks, 9 hours, 51 minutes ago

Judge La-Grange would never be welcome (or comfortable) in the British House of Commons.
Posted by R - 2 weeks, 9 hours, 20 minutes ago

I like the “Who are you? You’re just a broker...” comment. I can see the writer as Marlon Brando playing the crazed Col. Kurtz in “Apocalypse Now”: “You are an errand boy sent by grocery clerks to collect a bill...”
Posted by Nicer Attorney Than Him - 2 weeks, 8 hours, 14 minutes ago

I’ve had similar experiences with this guy. He’s a menace. Seems he lives on the drama and the resulting fees generated by his inappropriate behavior. I’ve even blogged about Pigboy as he came to be known in our office because of his hateful manner.
Posted by NCLawyer - 2 weeks, 4 hours, 50 minutes ago

He does sound like a drama queen a-hole, but at least the comments were funny. Most of the rudeness i’ve had to deal with was a lot less entertaining.

I do hope the ABA publishes a follow-up article on the article “Pigboy” writes. I expect it will be full of crocodile tears, messianic claims, charges of persecution and other dellusons of grandeur
Posted by Jud - 1 week, 6 days, 11 hours, 8 minutes ago

To at least the first three posters: this is “hardly beyond the pale” because lawyers are used to treating each other like crap. The old saw “everybody does it” is no excuse for treating the other counsel (or anyone else in a lawsuit) poorly.
I’ll say this: if you’ve been treated like this for years because “it’s no big deal,” perhaps you should have stood up for yourself years ago and called out these idiot lawyers for their bluster.
Posted by Tracy Cinocca - 1 week, 4 days, 7 hours, 54 minutes ago

I too have sufferred worse. I find it refreshing and inspiring that our community and our state and this Judge in particular is raising the standards of the bar in our profession by making such an order. I hope that this was an instance where the counsel receiving the letters did not deserve such disrespect though. Sometimes things can be spun where it is difficult for a Judge to see the whole of what is going on. I read somewhere else some language about cockroaches, too. Lawyers may find this conduct normal and no big deal, just par for the course in litigation. I do not want to become this kind of lawyer or this kind of person because I have to in order to survive this profession or protect my clients. Our profession should be required to get better with time-- not worse.
Posted by Bob - 1 week, 1 day, 5 hours, 12 minutes ago

Wow, “Nicer attorney than Him.” Pigboy? Really mature. I bet you are much more mature that Mr. Pignato. Get a life and get off blogs. These comments were nothing more than sarcastic.
Posted by Practice of Law - 1 week, 1 day, 4 hours, 40 minutes ago

I have known Mr. Pignato for several years. He is a litigator in every sense of the word. He didn’t become good at what he does by staying on the defense. He knows how to practice law- and that is what he does. And he does it well. I have been on the opposite side of the table with him many times and have always been treated professionally. With all due respect, “Matt”, I believe you need to get your facts straight. I do not believe the delay tactics you are referring to were generated from the “sanctioned attorney.” And “nicer attorney” surely you could find a “nicer,” more original name for him! He is a good man and a good lawyer.
Posted by Julie - 1 week, 1 day, 4 hours, 37 minutes ago

This whole thing has been blown way out of proportion. Were Mr. Pignato’s comments inappropriate ... seem to be, yes. However, why is it that none of the correspondence leading to his comments were published? Was he justified? I guess we do not know. Justified is an interesting cocept, because some would say regardless of opposing counsel’s conduct, one would never be “justified” to write such things. However, we are all “human” ... and in so being sometimes err. It seems that “nicer lawyer than you” has a “personal axe” to grind with Mr. Pignato - my guess is it is a female that lost a case (or several against him). Small, small people tend to rail against those by whom they are intimidated or dislike because they have less talent then the person now in the lime light. If (and I’m still guessing at gender) she wasn’t so insecure and perceived herself to be inferior as a lawyer to Mr. Pignato she would not stoop to adhominem comments like “Pigboy” ... hasn’t she now become what she states she loathes?
Posted by Becky - 6 days, 23 hours, 45 minutes ago

I am amazed that “nicer attorney than him"could post those comments and not recognize they were basically boasting about their own mean and hateful behavior. They want us to believe that their opinion of him should be taken seriously? I think he and or she needs to read what they wrote again and take a long hard look in the mirror.
“Nicer attorney than you” and his or her co-workers walk around the office and call him “pigboy”? Now that’s got to be a fun place to work. Talk about unprofessional? You tell us that you “even blog about pigboy” because of how hateful HE is? Are you kidding? How hateful are you?

Most people wouldn’t let their children call people ugly names and act this way! You need to consider the glass house you are living in before you start throwing stones at others.
Posted by friend of Mr. pignato - 4 days, 11 hours, 27 minutes ago

I have just one word for the “The Nicer” Attorney then him.

HYPOCRITE

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