Arbitration & Mediation

This is Why You Let That Letter Sit on Your Desk Overnight.

By Christopher Annunziata

I don’t know about you, but over the years I’ve come across many an opposing counsel I found so irksome, so irritating that I’ve wanted to slap them write that perfectly sarcastic and derisive letter that puts them in their place. Truth be told, I often wrote the letter, but had the sense to print it out, and let it sit on the corner of my desk for a few hours or even over night before pitching it and writing a more restrained version. I felt better for having vented, and maintained a professional appearance.

Oklahoma lawyer Gerard Pignato evidently never learned that trick. A Judge for the Western District of Oklahoma recently found Mr. Pignato to be “‘highly unprofessional’ in his correspondence with plaintiff’s two counsel.” and ordered him to write and publish an article “pertaining to civility and professionalism as they relate to adversary proceedings.”

Among the sardonic barbs Pignato threw at his opposing counsel: “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.”

Ironically, (and I think this is truly ironic and not “Alanis Morrisette ironic“) according to the bio on his website, the AV-rated Mr. Pignato has already published a paper on legal ethics in the Oklahoma Bar Journal.

Full post as published by CKA Mediation and Arbitration Services Blog on May 02, 2008 (boomark / email).