Aggressive Litigation Tactics: How to Deal with the Rambo Litigator
Neutralize "Scorched Earth" Tactics While Playing by the Rules
You've probably either tried a case against a "Rambo" litigator - or you've heard stories from your colleagues about this hardball approach to practicing law, and, as you know, it's no picnic. This seminar is designed to teach you how to deal with frustrating and all-too-common litigation techniques. We invite you to bring your questions and real-life dilemmas to this forum to discuss them with our faculty and find real-world solutions. We will share tips, tactics and information that will help you deal with your next "Rambo" litigator. Enroll today!
- Use rules of civil procedure to effectively neutralize "scorched earth" or "Rambo" litigators.
- Develop a reputation for integrity by following the rules while still assertively representing your clients.
- Effectively counteract aggressive tricks using proven documentation techniques.
- Pursue your rights to the documents you are entitled to - don't allow opponents to hide them!
- Effectively handle paid experts - or Rambos disguised in expensive suits - during depositions and in trial.
- Depose uncooperative witnesses in a way that uncovers what you really wanted to know!
- IDENTIFYING THE "RAMBO" LITIGATOR
9:00 - 10:15, Teresa M. Cloutier
- Who is This "Rambo?"
- Civility: The Hallmark of Professionalism
- Knowing What You are up Against: 13 Helpful Hints on How to Deal With Difficult Opposing Counsel
- Win Battles by Knowing the Rules of Procedure
- Documenting Bad Behavior and Dirty Tactics
- HIDDEN AGENDAS: WHY DOES "RAMBO" EXIST?
10:30 - 11:45, Teresa M. Cloutier
- Climbing the Ladder
- Beware of "Little Big Man"
- Bad Facts = Bad Case
- Preparation, Knowledge and Experience
- AGGRESSIVE TACTICS THAT YOU NEED TO LOOK OUT FOR
12:45 - 2:00, Gene R. Libby
- "Hiding the Ball:" Make Sure You Get Documents and Discovery That You are Entitled To
- How to Deal With Frivolous Objections to Discovery
- Improper Behavior of Counsel at Depositions: Coaching the Witness and Instructing a Witness Not to Answer a Question
- Prescriptions for Controlling Bad Conduct: Videotaped Depositions and Providing for Special Masters/Judges at Depositions
- "The Documents Don't Exist:" The Needle in the Haystack
- How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
- Using rule 26(g) effectively
- USING EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
2:00 - 3:15, George Royle
- Motions to Strike Pleadings
- Rules Governing Professional Conduct
- Telling it to the Judge
- Your Reputation and the Big Picture
- Why Playing by the Rules is the Only Way to Practice
- Weeding Out the "Rambos:" Cleaning the Slate
- ETHICS - IT'S LEGAL, BUT IS IT RIGHT?
3:30 - 4:30, Cliff Ruprecht
- Maine Rules of Professional Conduct and Other Professional Standards
- Real and Potential Conflicts of Interest
- Vigorous Representation or Questionable Practices