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Dealing With A Rambo Litigator in Divorce  

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This basic-to-intermediate level program is designed for divorce and family law attorneys.

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Seminar Summary:

Be prepared to neutralize the advantages Rambo hopes to gain and get the results your divorce clients deserve. (see full course description)

 

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Training Course Syllabus:


Dealing With A Rambo Litigator in Divorce - Legal Seminar

Keep the Divorce Case On-Track and Civil

Divorce proceedings can be heated even without the additional strain that comes from dealing with a cut-throat opponent. The litigator who has a “slash-and-burn” mentality is capable of creating havoc on the divorce proceedings and ultimately, can de-rail your case and create additional costs for your clients. In order to successfully advocate for your clients, you need to be able to counter and work through the dirty litigation tactics Rambo attorneys exploit. If you haven’t encountered one of these attorneys, odds are you will. Be prepared to neutralize the advantages Rambo hopes to gain and get the results your divorce clients deserve. Register today!

  • Understand the different types and characteristics of Rambo attorneys so you can effectively tailor your defenses.
  • Know all the techniques cut-throat attorneys employ when abusing depositions to their advantage.
  • Utilize soft-skill tactics that can help keep your case on track when Rambo rears his ugly head.
  • Review procedural remedies such as motions for frivolousness that can quell the opponent’s uncivil behavior.
  • Pursue your rights to the documents you are entitled to - don’t allow opponents to hide them.
  • Find out how to document and demonstrate abuse to the judge and know what sanctions apply to your divorce.
  • Listen as a family court judge explains their view of obstreperous litigation and recognize how it can impact any future cases.
  • Be prepared for Rambo clients and know when their expectations and your professionalism don’t mix.
  • Learn about the consequences of incivility in the courtroom and what to do when your client pays the price.

 

  1. Mindset of the Divorce Rambo Litigator
    9:00 - 9:45, Written by Natalie Parker Bluestein.
    Presented by David M. Collins Jr. in Columbia and Natalie Parker Bluestein in Charleston.
    1. Going to War and Trial are Comparable
    2. Anything and Everything Should be Taken Advantage of
    3. The Opponent’s Life Should Be Made as Difficult as Possible
    4. Manipulating Facts is Simply Part of the Game
    5. The Trial is a Performance That Requires a Good Show
    6. The Blocker vs. the Aggressor vs. the Unintentional Rambo
  2. Dirty Litigation Tactics Rambo Lawyers Love
    9:45 - 10:30 and 10:45 - 11:00, Written by April P. Counterman.
    Presented by April P. Counterman in Columbia and Linda C. Hayes in Charleston.
    1. Excessive Delays and Costs
    2. Unfounded Claims and Allegations as Diversion Tactics
    3. Unfair or Irrational Settlement Practices
    4. Refusal to Comply with Discovery Requests
    5. Spoliation and Destruction of Evidence
    6. Excessive Requests for Information
    7. Unfairly Impeding Depositions by Repeated Interruptions
    8. Using the Deposition to Intimidate Clients and Create a Fear of the Trial
    9. Refusal to Communicate With Opposing Council
    10. Subpoena a Witness Who Has Nothing to do with the Facts at Issue
    11. The “Paid for Hire” Expert Witness
  3. Practical Tactics for Dealing with a Rambo Attorney
    11:00 - 12:00, Written by Gregory S. Forman.
    Presented by April P. Counterman in Columbia and Gregory S. Forman in Charleston.
    1. Keep Your Composure - Don’t Stoop to Rambo’s Level
    2. Communicate in Writing and Document all Timelines
    3. Videotape Deposition to Record the Attorney’s Conduct
    4. Never be Alone with Rambo - Use a Third Party to Prevent Misleading Hearsay
  4. Procedural Remedies to Combat Rambo Litigation
    1:00 - 2:30, Written by Linda C. Hayes.
    Presented by David M. Collins Jr. in Columbia and Linda C. Hayes in Charleston.
    1. Using a Discovery Master
    2. Motions to Strike Pleadings
    3. Motions for Frivolousness
    4. Dealing with Speaking Objections
    5. Negotiation Best Practices
    6. Timing the Court Intervention Advantageously
    7. Rules Governing Professional Conduct
    8. Identifying State Sanctions
  5. When the Judge Steps In
    2:30 - 3:00, Written by Natalie Parker Bluestein.
    Presented by William R. Fortino in Columbia and Natalie Parker Bluestein in Charleston.
    1. How Does a Judge View Cut-Throat Litigation?
    2. Negative Implications for Future Cases
    3. When Both Parties are Claiming Litigation Abuse
    4. Referring an Attorney to the State Bar for Discipline
  6. Dealing With the Rambo Client
    3:00 - 3:15, Written by William R. Fortino.
    Presented by William R. Fortino in Columbia and Natalie Parker Bluestein in Charleston.
  7. Ethics and Professional Conduct - Keeping Your Cool and Compliance
    3:30 - 4:30, Written by Gregory S. Forman.
    Presented by David M. Collins Jr., April P. Counterman and William R. Fortino in Columbia and Gregory S. Forman in Charleston.
    1. State Bar Code of Ethics
    2. Real and Potential Conflicts of Interest
    3. Zealous Representation vs. Questionable Practices
    4. Incivility in the Legal Profession: Who Really Pays?

If you reside outside the US or Canada please check the International Registrants Policy before registering

Seminar Summary:

Be prepared to neutralize the advantages Rambo hopes to gain and get the results your divorce clients deserve. (see full course description)

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