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Audio CD + Course Book

Dirty Litigation Tactics: How to Deal with the "Rambo" Litigator

Audio CD + Course Book

Copyright Date:

April, 2015

Product ID#:

68482CM


Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Dirty Litigation Tactics: How to Deal with the "Rambo" Litigator, held April 2015.

Program Description

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!

Course Content

  1. Identifying the "Rambo" Litigator
  2. Hidden Agendas - Why Does "Rambo" Exist?
  3. Dirty Tricks That You Need to Look Out For
  4. Using Effective Remedies to Combat Rambo Litigation
  5. Ethics - It's Legal, but is it Right?

Continuing Education Credit


Continuing Legal Education – CLE: 7.20 WV - Credit Approval Expiration 04/22/2017 *

* denotes specialty credits

Agenda / Content Covered

  1. IDENTIFYING THE "RAMBO" LITIGATOR
    9:00 - 10:15, Written by Stephen R. Brooks
    Presented by Stephen R. Brooks in Morgantown and Erika K. Kolenich in Charleston
    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?
    10:15 - 11:30, Written by Stephen R. Brooks
    Presented by Stephen R. Brooks in Morgantown and Robert A. Lockhart in Charleston
    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
    11:45 - 1:00, Written by Drew M. Capuder and Robert A. Lockhart
    Presented by Drew M. Capuder in Morgantown and Robert A. Lockhart in Charleston
    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. Prescriptions for Controlling Bad Conduct: Videotaped Depositions and Providing for Special Masters/Judges at Depositions
    6. "Scorched Earth" Litigation Tactics: Winning at All Costs
    7. The Needle in the Haystack
    8. Dealing With "Paid for Hire" Expert Witnesses
    9. How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
    10. Using Motions to Compel Effectively
  4. USING EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
    2:00 - 3:15, Written by Erika K. Kolenich
    Presented by William S. Adams in Morgantown and Erika K. Kolenich in Charleston
    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, Written by Geoffry A. Haddad
    Presented by Travis A. Prince in Morgantown and Robert A. Lockhart in Charleston
    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

April 22 - Morgantown

WILLIAM S. ADAMS is an attorney with Adams Legal Group PLLC, in Morgantown. His practice includes litigation, business and corporate law, consumer and bankruptcy law, divorce and custody law, and mediation. Mr. Adams has devoted a majority of his practice as a trial lawyer to civil trial litigation and appellate work. In that context, he has represented physicians, veterinarians, engineers, and architects in professional and medical malpractice actions throughout the state of West Virginia. He has also represented individuals and businesses in a diverse array of trial litigation matters, including personal injury claims, property damage cases, and business and employment disputes. Mr. Adams has a very successful trial record, representing plaintiffs and defendants in professional negligence, wrongful death, car accident, personal injury, products liability, employment discrimination, business litigation, and wrongful discharge cases. Mr. Adams has represented businesses in litigation matters arising out of contracts and transactions with other businesses, unfair competition, and in the context of employee lawsuits. He has appeared in courts throughout the state of West Virginia and in southwestern Pennsylvania. Mr. Adams is admitted to practice in West Virginia and Pennsylvania; as well as before the U.S. District Court for the Northern and Southern districts of West Virginia; the U.S. Court of Appeals, Fourth Circuit; and the U.S. Bankruptcy Court, Northern District of West Virginia. He received his law degree from West Virginia University College of Law.

STEPHEN R. BROOKS is the senior attorney in the Morgantown, West Virginia office of Flaherty Sensabaugh Bonasso PLLC. His primary areas of practice include defense of medical negligence actions against various health care providers, employment termination and discrimination, and defense of serious personal injury actions. He received his B.S. degree, in pharmacy, in 1971 and his J.D. degree, in 1975, both from West Virginia University. Mr. Brooks has been recognized by The Best Lawyers in America for both medical negligence defense and personal injury defense; and as a West Virginia Super Lawyer. In 2012, he was named the Lawyer of the Year in Morgantown for Medical Malpractice Law - Defendants; and as Lawyer of the Year for 2014 in Morgantown for Personal Injury Litigation - Defendants. Mr. Brooks lectures frequently at continuing education seminars for other lawyers in the areas of trial tactics, medical negligence, and use of expert witnesses.

DREW M. CAPUDER is an attorney with Capuder Fantasia PLLC, in Fairmont, where he focuses his practice on employment litigation and consulting, business litigation and consulting, representing medical professionals in licensing board issues, and mediation. He also focuses on mediating disputes involving employment matters, business disputes, and personal injury disputes, as well as in other areas of law. Mr. Capuder is also of counsel to the Manchin Injury Law Group, PLLC. His memberships include the West Virginia State Bar (member, Employment Law Committee), the Marion County Bar Association, and the U.S. District Court for the Northern and Southern districts of West Virginia. Additionally, Mr. Capuder is a member of the West Virginia Employment Lawyers Association (past president, 2010 - 2011). He received his B.A. degree from the University of Southwest Louisiana (now the University of Louisiana) and his J.D. degree from the University of Houston Law Center.

TRAVIS A. PRINCE is an attorney with Flaherty Sensabaugh Bonasso PLLC, in Morgantown. He focuses his practice in defense litigation with a current concentration in medical negligence defense. Mr. Prince is admitted to the West Virginia Supreme Court of Appeals and the U.S. District Court for the Northern District of West Virginia. He is a member of the Monongalia County Bar Association and the Harrison County Bar Association. Mr. Prince received his B.A. degree, cum laude, in political science, from Concord University; and his J.D. degree from West Virginia University College of Law.

April 23 - Charleston

GEOFFRY A. HADDAD is an attorney with Martin & Seibert, L.C. He has extensive experience representing corporate, insurance, and individual clients in a diverse array of litigation matters, including insurance cases, professional malpractice litigation, negligence cases, and automobile product liability lawsuits. Mr. Haddad is admitted to practice in the Northern and Southern U.S. District courts of West Virginia, as well as in all trial and appellate courts in West Virginia. He is a member of DRI, the American Bar Association and Defense Trial Counsel of West Virginia. Mr. Haddad earned his B.A. degree, summa cum laude, from West Virginia Wesleyan College; and his J.D. degree, summa cum laude, from Capital University Law School.

ERIKA K. KOLENICH is an attorney with Klie Law Offices in Buckhannon. She is licensed in state and federal courts in West Virginia and Ohio. Ms. Kolenich has litigated several hundred civil cases, including personal injury, discrimination and wrongful death cases. She has a proven track record as a skilled trial attorney, as well as extensive appellate experience. Ms. Kolenich is also a trained mediator and has completed both basic and advanced mediation education and training. She is a member of the West Virginia Association for Justice, The American Association for Justice and the Ohio State Bar Association. Ms. Kolenich is a graduate of West Virginia Wesleyan College and a graduate of the University of Akron School of Law.

ROBERT A. LOCKHART is an attorney with Martin & Seibert, L.C., in Charleston. His practice includes general defense litigation, with a focus on insurance litigation and coverage matters. Mr. Lockhart has advised insurers regarding coverage issues arising under a variety of policies, and has filed and defended coverage actions involving auto, homeowners, environmental, and commercial liability. In serving Martin & Seibert, L.C.'s insurance clients, Mr. Lockhart has also defended claims for extra-contractual liability. He has appeared in courts throughout West Virginia. Mr. Lockhart is admitted to practice before all West Virginia state courts, federal courts in the Northern and Southern districts of West Virginia, and the Fourth Circuit Court of Appeals. He is a member of the Defense Research Institute, the Transportation Lawyers Association, the Kanawha County Bar Association, and the Defense Trial Counsel of West Virginia. Mr. Lockhart received his B.A. degree in psychology from West Virginia University; his M.S. degree in industrial relations from West Virginia College of Graduate Studies; and his J.D. degree from West Virginia University College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

WV CLE: 7.20 Credit Approval Exp 04/22/2017 Including - Ethics: 1.20
This program may qualify for up to 7.2 hours of self-study credit, which includes 1.2 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


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