On Tuesday, March 7, 2023, the Supreme Court of Georgia suspended attorney David John Pettinato. The case is entitled “In the matter of David John Pettinato” with case no. s23Y0434.
On November 17, 2022, the Supreme Court of Florida suspended Mr. Pettinato for misconduct. The matter 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.
After his suspension from Florida, a petition for voluntary reciprocal discipline was filed by Mr. Pettinato in the state of Georgia. In the said petition, he requested that the court impose a 10-day suspension, retroactively, as a substantially similar discipline to the 10-day suspension he received in Florida. The State Bar, in response, urged the court to accept the request.
The filing states:
“In the petition, Pettinato admits that on November 17, 2022, the Supreme Court of Florida issued an order approving his Conditional Guilty Plea for Consent Judgment (hereinafter “Consent Judgment”) under the Rules Regulating the Florida Bar (“FL Bar Rules”) and suspending him from the practice of law in Florida for ten days, effective December 19, 2022, for the above – mentioned misconduct. Pettinato states that the effective dates of his Florida suspension, therefore, were December 19 through 29, at the conclusion of which he would be automatically reinstated to practice as a member of the Florida Bar pursuant to FL Bar Rule 3 – 5.1 (e)”
The filing continues:
“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.”
According to the State Bar of Georgia, considering the petitioner’s lack of prior discipline, his prompt payment of costs in Florida, his acceptance of responsibility, and his cooperative attitude in the proceedings, the imposition of discipline identical to the Florida discipline is appropriate. The court in response agreed with the State Bar and imposed a 10-day suspension against the respondent.
The Disposition states:
“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.”
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.
