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. Take an incisive look at the most contentious litigation techniques you're likely to encounter and get 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. Order today!

1. Nightmare Clients
2. Difficult Lay Witnesses – Yours and Theirs
3. Harmful Expert Testimony – Yours and Theirs
4. “Rambo” Litigator for Opposing Counsel
5. Ethical Conduct – Stop Yourself before Crossing Over into Overzealous Representation

Continuing Education Credits:   

* denotes specialty credits

1. NIGHTMARE CLIENTS
   9:00 - 10:15, Rob Bruer
   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
   10:30 - 11:45, Rob Bruer
   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
   12:45 - 2:00, James R. Jarrow
   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
   2:00 - 3:15, Joseph W. Booth
   1. Respond First With Introspection
   2. Your Reputation and the Big Picture
   3. Playing by the Rules, and Civility in the Face of Chaos
   4. The Fight or Flight Response
      1. Truth Trap
      2. Intention Invention
      3. Deal With Strong Feelings
      4. Acknowledge the Other Party's Status, Role, Need for Affiliation, Appreciation, Autonomy, and Authority
      5. Going to the Balcony
   5. Understand that a "Rambo" is Using Hysteria as a Tool
   6. The Four Essential Qualities of Successful Negotiation
   7. When to Abandon All Hope: The BATNA (Best Alternative to a Negotiated Agreement)
5. ETHICAL CONDUCT – STOP YOURSELF BEFORE CROSSING OVER INTO OVERZEALOUS REPRESENTATION
   3:30 - 4:30, James R. Jarrow
   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

JOSEPH W. BOOTH is an attorney with the Law Offices of Joseph W. Booth, where he works as counsel and as an arbitrator. He also serves as an adjunct professor at Washburn School of Law, lecturing on collaborative law and financial aspects of divorce. Mr. Booth's practice includes family law, arbitration, adoption, surrogate parenting contracts and appellate practice. He lectures nationwide to private practice attorneys, as well as military lawyers on family law issues, including property valuations, child custody, child support and litigation. Mr. Booth earned his B.A. degree, cum laude, from Ottawa University, his J.D. degree, cum laude, from Washburn School of Law, and his master's degree from St. Paul's School of Theology. He is on drafting committees of the Uniform Laws Commission (formally NCCUSL) as the ABA liaison, drafting the Uniform Interstate Family Support Act (UIFSA) and developing a Uniform Statute on Parental Relocation. Mr. Booth is a member of the Publications Board of the American Bar Association Family Law Section; he published "A Guide for Assisting Military Families with the Uniform Interstate Family Support Act (UIFSA)," Family Law Quarterly (Summer 2009); and he is a contributing writer for the Matthew Bender Project for the Texas Family Law Handbook. He also is a contributing writer to two editions of the Administrative Manual for Nurse-Midwifery Services, and provides legal advice and training to the ACNM and their members. Mr. Booth is a member of the Earl O'Connor Inns of Court, and a fellow of the American Academy of Matrimonial Lawyers (AAML) and the International Academy of Matrimonial Lawyers. He is a member of the Kansas Bar Association and The Missouri Bar. Mr. Booth is the past chair of the Child Support Committee and is chair for the long-range planning for the American Bar Association Family Law Section. He is licensed to practice before the state and federal bars of Kansas and Missouri, as well as the 10th Circuit Court of Appeals.

ROB BRUER is a partner with Bruer, Wooddell & Harrell, P.C., in the Kansas City office. After graduating from the University of Missouri-Columbia School of Law, he began his civil litigation practice at a large local firm. Since then, Mr. Bruer has continued to focus his civil practice specifically upon the representation of individuals and families in actions involving automobile collisions, medical malpractice, insurance disputes, premises liability, products liability and wrongful death. He is a member of the Missouri Association of Trial Attorneys, serves on its Board of Governors, and is the Chairperson of its Continuing Legal Education Committee.

JAMES R. JARROW is a partner in the law firm of Baker Sterchi Cowden & Rice, L.L.C., with offices in Missouri and Kansas. He regularly tries lawsuits, as he practices in civil litigation in both state and federal courts. Mr. Jarrow serves as national trial counsel and regional trial counsel for several clients. He has lectured to various professional groups on litigation issues. Mr. Jarrow is the editor of The Missouri Bar's Professional Negligence Section of the Court's bulletin.

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