How to Deal With Impossible Clients, Witnesses and Opposing Counsel in Litigation  training seminars presented by NBI Inc. register now on FindaSeminar.com

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How to Deal With Impossible Clients, Witnesses and Opposing Counsel in Litigation  

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This basic-to-intermediate level seminar will benefit: Attorneys, In-House Counsel, Judges, Paralegals

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Seminar Summary:

This practical course takes an incisive look at the most contentious litigation techniques you're likely to encounter and offers straight-forward solutions, time-tested and shared by seasoned attorney faculty. (see full course description)

 

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Training Course Syllabus:


Practical Strategies for Taking the High Road in Litigation – and Winning

All of us have seen the courtroom drama theatrics of surprise witnesses and “hard-hitting” advocates screaming at the jury box. What makes for great entertainment, however, is quite unpleasant (and often sanctionable) in real-life legal practice. This practical course takes an incisive look at the most contentious litigation techniques you're likely to encounter and offers straight-forward solutions, time-tested and shared by seasoned attorney faculty. Neutralize “strong arm” litigation tactics and evasive behavior and regain control of your case. Register today!

  • Take a good look at the ”worst of the worst” in counsel, witness and client behavior and learn how to counter it.
  • Understand common reasons behind witnesses' resistant and evasive responses and minimize wiggle room with skillful question wording.
  • Spot the “professional expert witness” syndrome in time to correct it or use to your advantage.
  • Address both the behavioral and strategic problems during witness preparation.
  • Make certain your own behavior doesn't cross into unethical – explore tough real-life dilemmas.
  • Stave off some of the most destructive client behaviors and get tips for mitigating the damage.
  • Learn when and how to enlist the help of the court to cut the Gordian knot of opponent's obstructionist tactics.
  • Walk away with real-life tools for preventing “dirty tricks” and removing their influence on the case outcome.


  1. NIGHTMARE CLIENTS
    9:00 - 10:30, David W. Brown
    1. How and Why They Make You Miserable
      1. When and Why Clients Lie
      2. “Uncompromising Litigator” – When the Client Won't Even Consider Settlement as an Option
      3. “Needy Ned” – Updates Every Couple Hours
      4. Distrustful and Secretive Behaviors
      5. Clients' Emotions Likely to Damage the Case
      6. The Mis-Educated in Law
      7. “…But Couldn't We Get More?” – Case Value Incongruence
    2. Prevention and Remedies
    3. Roundtable Discussion – Share Your Stories
  2. DIFFICULT LAY WITNESSES – YOURS AND THEIRS
    10:45 - 12:00, David W. Brown
    1. How and Why They Make You Miserable
      1. The “Zealous Advocate”
      2. The “Overexplainer”
      3. “The Lion vs. the Hare” - Overconfident vs. Unsure
      4. Testimony Demeanors and Unconscious Behaviors that are Sure to Alienate Listeners
      5. Credibility and Bias Issues
      6. Inconsistent and Evasive Answers
    2. Prevention and Remedies
      1. Prepare Your Witnesses
      2. Prepare the Case for Opposing Witnesses
      3. Questioning Techniques to Nip Difficult Testimony in the Bud
      4. Motions to Strike Testimony and Other Ways to Petition the Court to Intervene
    3. Roundtable Discussion – Share Your Stories
  3. HARMFUL EXPERT TESTIMONY – YOURS AND THEIRS
    1:00 - 2:15, Todd D. Weiler
    1. How and Why They Make You Miserable
      1. “Paid for Hire” Expert Witnesses
      2. Surprises in Experts' Background/Expertise Checks
      3. “Overzealous Advocate” Syndrome
      4. Can't Relate to the Jury – Too Technical
    2. Prevention and Remedies
      1. Prepare Your Witnesses
      2. Prepare the Case for Opposing Witnesses
      3. Questioning Techniques to Nip Difficult Testimony in the Bud
      4. Motions to Strike Testimony and Other Ways to Petition the Court to Intervene
    3. Roundtable Discussion – Share Your Stories
  4. “RAMBO” LITIGATOR FOR OPPOSING COUNSEL
    2:15 - 3:15, Gregory J. Sanders
    1. How They Make You Miserable and Why
      1. Frivolous Litigation and Attorney's Duty under Rule 11
      2. Multiplying Litigation Maliciously
      3. Discovery Abuse
        1. Excessive Production Requests under FRCP Rule 26(g)
        2. State Discovery Rules
        3. Spoliation
        4. Evasive and Misleading Responses to Discovery
        5. Improper Behavior at Depositions and Examination
        6. Frivolous Motions and Pleadings
        7. The “Silent Treatment” – Counsel Who Won't Communicate
        8. Overly Defensive Tactics – Overlooking Intended Good Faith in Your Actions
        9. Frivolous Appeals
    2. Prevention and Remedies
      1. Facilitating Cooperation
      2. Put it in Writing – Documenting Litigation Abuses
      3. Effective Motions to Strike Pleadings
      4. FRCP Rule 37
      5. Litigation Abuse Court Sanctions: The Latest Case Law
    3. Litigation Fraud and Its Prosecution
    4. Roundtable Discussion – Share Your Stories
  5. ETHICAL CONDUCT – STOP YOURSELF BEFORE CROSSING OVER INTO OVERZEALOUS REPRESENTATION
    3:30 - 4:30, Gregory J. Sanders
    1. Talking to Opposing Party/Jurors
    2. Avoiding “Conduct Involving Dishonesty, Fraud, Deceit and Misrepresentation”
    3. Proper Handling of Adverse Evidence
    4. Conflicts of Interest: Real, Perceived and Potential

Seminar Summary:

This practical course takes an incisive look at the most contentious litigation techniques you're likely to encounter and offers straight-forward solutions, time-tested and shared by seasoned attorney faculty. (see full course description)

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