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. Effective Remedies to Combat Dirty Tactics
5. Ethics - The "Rambo" Litigator vs. The Ethical Rules

1. ZEALOUS ADVOCACY VS. DIRTY LITIGATION TACTICS
   9:00 - 10:00, Matthew J. Bakota
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, Mark T. Hayden
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 "Paid for Hire" Expert Witnesses
5. How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
6. How to Handle a Witness Who is "Pleading the Fifth"
4. EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
   1:45 - 3:15, Matthew J. Bakota
1. Opposing Counsel
   1. Motions to Compel
   2. Motions to Strike
   3. Motions for Sanctions
   4. Motions for Protective Order
2. Clients
3. Third-Parties Paying the Bill
4. Pro Se Litigants
   1. R.C. 2323.51 and R.C. 2323.52
   2. 28 U.S.C.A. 1927
5. ETHICS - THE "RAMBO" LITIGATOR VS. THE ETHICAL RULES
   3:30 - 4:30, Matthew J. Bakota
1. Hypothetical Examples
2. Case Law Examples
3. Interacting With Unrepresented Persons and Pro Se Litigants

MATTHEW J. BAKOTA is an attorney in the Cincinnati office of Buckley King. He is a member of the firm's Commercial Litigation and Insurance/Business Risk practice groups.  Mr. Bakota's practice focuses on business and commercial litigation, along with the defense of professional liability, product liability, premises liability, employment intentional tort, property damage, and personal injury claims.  He also has experience in matters involving business torts, employment disputes, construction claims, and insurance coverage disputes. Mr. Bakota is a member of the American Bar Association, where he serves as co-editor of the Litigation Section's Pretrial Practice & Discovery Committee webpage.  He is also a member of the Kentucky and Cincinnati bar associations. Mr. Bakota earned his B.S. degree, cum laude, from Ohio University's E.W. Scripps School of Journalism and his J.D. degree, magna cum laude, from the University of Akron 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. He has concentrated his trial practice on complex business disputes, product liability, trademark/copyright litigation and employment litigation. Mr. Hayden has been recognized for his litigation skills as a 2011 Ohio Super Lawyer and 2011 Cincinnati Leading Lawyer. He earned his B.A. degree from Indiana University and his J.D. degree, cum laude, from Indiana University School of Law.

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