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 instruction is designed to teach you how to deal with frustrating and all-too-common litigation techniques. If you deal with "Rambos" with any regularity, this is a must have!

1. Zealous Advocacy vs. Dirty Litigation Tactics
2. Dirty Tactics That You Need to Look Out For - Part I
3. Dirty Tactics That You Need to Look Out For - Part II
4. Using Effective Remedies to Combat Rambo Litigation
5. Ethics - The "Rambo" Litigator vs. The Ethical Rules

1. ZEALOUS ADVOCACY VS. DIRTY LITIGATION TACTICS
   9:00 - 10:00, Monica L. Waller
1. Examples for Consideration
2. Overview of Helpful Hints for Dealing With Dirty Tactics
2. DIRTY TRICKS THAT YOU NEED TO LOOK OUT FOR - PART I
   10:15 - 11:30, Paul-Michael La Fayette
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. Assertion of Attorney-Client Privilege During Depositions
   1. The Difference Between Legal Advice and Business Advice From Corporate Counsel
   2. The Carbon-Copy to Corporate Counsel as a Means of Asserting Privilege
   3. When Experts Review Documents and Compilations Prepared by Counsel
3. DIRTY TRICKS THAT YOU NEED TO LOOK OUT FOR - PART II
   12:30 - 1:45, Mark T. Hayden
   1. "Scorched Earth" Litigation Tactics: Winning at All Costs
   2. "The Documents Don't Exist:" The Needle in the Haystack
   3. Hiding Discovery That is Relevant to the Case
   4. Dealing With the "Paid for Hire" Expert Witnesses
   5. How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
   6. Using Motions to Compel Effectively
   7. How to Handle a Witness who is "Pleading the Fifth"
4. USING EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
   2:00 - 3:30, Carl A. Aveni II
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 - THE "RAMBO" LITIGATOR VS. THE ETHICAL RULES
   3:30 - 4:30, Charles J. Kettlewell
1. Learning from the "Rambo" Litigator's Assault on the Ethical Rules
2. Bringing Claims, Cross-Claims, and Third Party Claims
3. Interacting with Pro Se Litigants and Unrepresented Persons
4. E-mail: Friend or Foe?

CARL A. AVENI II is a partner in the Columbus law firm of Carlile Patchen & Murphy LLP. Mr. Aveni has been an attorney for more than 15 years and practices in the areas of business and commercial litigation, restrictive covenants, trade secrets, and unfair competition. He is a member of the Ohio State and Columbus bar associations. Mr. Aveni earned his B.A. degree from American University and his J.D. degree, cum laude, from The Boston University School of Law.

MARK T. HAYDEN serves as deputy chairman of Greenebaum Doll & McDonald PLLC, from the firm's Cincinnati office. As a business trial attorney for more than 20 years, Mr. Hayden has experience in a wide variety of litigation matters. He has extensive jury and bench trial and appellate experience in both state and federal courts. Mr. Hayden has concentrated his trial practice on complex business disputes, product liability, trademark/copyright litigation, and employment litigation. He has been recognized for his litigation skills as a 2011 Ohio Super Lawyer and 2011 Cincinnati Leading Lawyer. Mr. Hayden earned his B.A. degree from Indiana University and his J.D. degree, cum laude, from Indiana University School of Law.

CHARLES J. KETTLEWELL is a sole practitioner in central Ohio. Mr. Kettlewell's practice concentrates on the field of legal ethics, and primarily consists of representing lawyers on ethics and disciplinary matters, bar applicants in admissions matters, non-lawyers in unauthorized practice of law (“UPL”) matters, and providing representation and expert witness services in legal malpractice actions. He has written hundreds of private advisory opinions for clients from solo practitioners to international law firms, has defended hundreds of attorney grievances, and has appeared as counsel on numerous occasions before panels of the Board of Commissioners on Grievances and Discipline, and the Board of Commissioners on Character and Fitness, as well as before the Supreme Court of Ohio. Mr. Kettlewell frequently teaches continuing legal education courses on legal ethics and professionalism to various bar organizations and government agencies, including: the Ohio State Bar Association (OSBA); The Supreme Court of Ohio Judicial College; The Ohio Attorney General's Office; Ohio Lawyer's Assistance Program (OLAP); The Supreme Court Board on the Unauthorized Practice of Law; The Ohio Prosecutor's Association; The Stark County Academy of Trial Lawyers; Franklin County Trial Lawyer's Association; The Ohio Forum of Estate Planning Attorneys; and the Association of Professional Responsibility Lawyers (APRL). He is a member of the ABA Center for Professional Responsibility, APRL, and the Ohio State and Columbus bar associations. He has been selected by his peers to be included Best Lawyers in the Field of Ethics & Professional Responsibility 2010 - 2012, and as a 2011 Top Lawyer in Columbus Business First. He currently serves as the Ethics Chair for the Central Ohio Association for Justice. 

PAUL-MICHAEL La FAYETTE is an attorney in the Columbus office of Poling | Petrello where he concentrates his practice in the areas of professional liability defense including the defense of dentists, physicians, real estate agents, and attorneys. He also represents professionals in administrative licensure proceedings before their professional boards, as well as governmental entities in litigation, and as general counsel. Mr. La Fayette defends clients in lawsuits involving professional malpractice, premises liability, contracts, employment, construction, civil rights, zoning, wrongful death, and products liability. He is licensed before all state and federal courts in Ohio, in the state of Florida, as well as in the U.S. Supreme Court. He regularly presents in professional seminars and continuing education programs on the topics of medical malpractice, general liability risk management, governmental liability, and legal ethics. Mr. La Fayette earned his B.A. degree from West Virginia Wesleyan College and his J.D. degree from Capital University Law School. He is a member of the Ohio State and Columbus bar associations.

MONICA L. WALLER is a partner in the Columbus law firm of Lane, Alton & Horst LLC. Ms. Waller focuses her practice in the areas of professional negligence, insurance defense, employment law, hospitality, and trucking/transportation law. She is a member of the Women Lawyers of Franklin County (Treasurer) and the Columbus and Ohio State bar associations. Ms. Waller earned her B.S. degree from The Ohio State University and her J.D. degree from The Ohio State University College of Law.

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