On Wednesday, March 22, 2023, the Supreme Court of Georgia reinstated attorney John Pettinato from the practice of law. The case is entitled “In the Matter of David John Pettinato” with case no. S23Y0434.

On  March 7, 2023, the Supreme Court of Georgia suspended the respondent for 10 days as a form of reciprocal discipline. This is after the respondent’s earlier suspension in the state of Florida for misconduct. The discipline is rooted in Mr. Pettinato’s submission of incomplete and untruthful disclosures to the court. Moreover, the petitioner allegedly failed to inform the court and opposing counsel of a notarization defect despite learning it.

The filing states:

“Regarding the conduct leading to his ten-day suspension, Pettinato has admitted the following facts concerning the two disciplinary matters in Florida. With Pettinato’s assistance, the appraiser completed a court-ordered disclosure, indicating that the appraiser had no significant prior business relationships with Pettinato’s firm that would affect his appraisal. But after the opposing party objected, the court found that the appraiser’s disclosure was insufficient because the appraiser had been involved in prior cases with Pettinato and his firm, Pettinato had appeared in the brochure advertising the appraiser’s services five years earlier, and an attorney in Pettinato’s firm had incorporated and was the registered agent for the appraiser’s company. The court, therefore, dismissed the matter with prejudice and awarded attorney fees and expenses against Pettinato and his co-counsel individually.”

The filing continues:

“Accordingly, we accept Pettinato s petition for voluntary reciprocal discipline and suspend him from the practice of law for ten days, nunc pro tunc to December 19, 2022, with reinstatement in Georgia conditioned upon his reinstatement in Florida, which he may show by affirmatively demonstrating to the State Bar’s Office of General Counsel that he has been reinstated in Florida. If the State Bar agrees that the conditions of readmission have been met, it will submit a notice of compliance to this Court, and this Court will issue an order granting or denying reinstatement.”

After the suspension ended, the respondent filed a petition for reinstatement. Upon consideration by the court, the latter decided to reinstate the respondent.

The order states:

“The Court having reviewed the notice of compliance submitted by the Office of the General Counsel of the State Bar of Georgia, and it appearing that David John Pettinato (State Bar No. 426068) has satisfied the conditions for reinstatement as specified by this Court, see In the Matter of Pettinato, WL 2374205 (2023), it is hereby ordered that David John Pettinato be reinstated to practice law in the State of Georgia.”

Mr. Pettitano is listed in the law firm Older Lundy, Koch & Martino as a practicing attorney. He attended Western Michigan University Cooley Law School. He practices in Tampa, Florida. He is licensed in Florida and Georgia. His info can be found on lawyers.justia.com.

A copy of the original filing can be found here.