I see a pick as when you are already engaged, and get killed by some dweeb thats thinking "ok, so lets see..... ah, theres a guy in a fight low on the deck. I think I'll go screw over that rook down there (you are a rook) and steal his kill.". If you wait for him to die, and THEN engage the con with very low E, I have no problem with it. Oh sure, I may start cussing on 200, but give me time, or ask me if I would have done the same, and I'll generally be fine.
IMO, those picks aren't avoidable at times. If your down to around 1750 in a zoom climb, see a con diving in at 400mph, all you can do is say "oh crap" and hope he misses. Oh sure, you could go over the top early, but if you're trying to rope a con, then you offer him an easy shot.