Training Course Syllabus:

Dirty 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 dirty 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!

1. IDENTIFYING THE "RAMBO" LITIGATOR
   9:00 - 10:00, Jeffrey L. Griffin
   
1. Who is This "Rambo?"
2. Civility: The Hallmark of Professionalism
3. Knowing What You are up Against: 13 Helpful Hints on How to Deal With Difficult Opposing Counsel
4. Win Battles by Knowing the Rules of Procedure
5. Documenting Bad Behavior and Dirty Tactics
2. HIDDEN AGENDAS: WHY DOES "RAMBO" EXIST?
   10:00 - 10:45, Jeffrey L. Griffin
   
1. Climbing the Ladder
2. Beware of "Little Big Man"
3. Bad Facts = Bad Case
4. Overcompensating
5. Preparation, Knowledge and Experience
3. DIRTY TRICKS THAT YOU NEED TO LOOK OUT FOR
   11:00 - 12:15 and 1:15 - 2:30, Ed Wallis III
   
1. "Hiding the Ball:" Make Sure You Get Documents and Discovery That You are Entitled To
2. How to Deal With Frivolous Objections to Discovery
3. Improper Behavior of Counsel at Depositions: Coaching the Witness and Instructing a Witness Not to Answer a Question
4. Dealing With the "Rambo" Lawyer Who Will Not Communicate
5. The Paper War and the Poison Pen
6. Prescriptions for Controlling Bad Conduct: Videotaped Depositions and Providing for Special Masters/Judges at Depositions
7. "Scorched Earth" Litigation Tactics: Winning at All Costs
8. "The Documents Don't Exist:" The Needle in the Haystack
9. Hiding Discovery That is Relevant to the Case
10. Dealing With "Paid for Hire" Expert Witnesses
11. How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
12. Using Motions to Compel Effectively
4. USING EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
   2:45 - 3:30, Jeff Weintraub
   
1. Sanctions
2. Motions to Strike Pleadings
3. Rules Governing Professional Conduct
4. Telling it to the Judge
5. Your Reputation and the Big Picture
6. Why Playing by the Rules is the Only Way to Practice
7. Weeding Out the "Rambos:" Cleaning the Slate
5. ETHICS - IT'S LEGAL, BUT IS IT RIGHT?
   3:30 - 4:30, Jeff Weintraub
   
1. State Bar Code of Ethics and Ethics Code of Various Specialties
2. Real and Potential Conflicts of Interest
3. Vigorous Representation or Questionable Practices

Agendas and Speakers may differ slightly depending on the location. Please e-mail or call a representative to obtain an agenda for a particular location.

Seminar Summary:

Use the Federal Rules of Civil Procedure to Neutralize Scorched Earth Tactics (see full course description)

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