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

1. IDENTIFYING THE "RAMBO" LITIGATOR
   9:00 - 10:30, Written by Todd D. White. Presented by Hon. Patricia A. Hurst, James T. Murphy, Brooks R. Magratten and Todd D. White.
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?
   10:45 - 11:30, Written by James T. Murphy. Presented by Hon. Patricia A. Hurst, James T. Murphy, Brooks R. Magratten and Todd D. White.
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
   11:30 - 12:00 and 1:00 - 2:00, Written by BBrooks R. Magratten. Presented by Hon. Patricia A. Hurst, James T. Murphy, Brooks R. Magratten and Todd D. White.
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
   2:15 - 3:30, Written by Todd D. White. Presented by Hon. Patricia A. Hurst, James T. Murphy, Brooks R. Magratten and Todd D. White.
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 James T. Murphy. Presented by Hon. Patricia A. Hurst, James T. Murphy, Brooks R. Magratten and Todd D. White.
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

HON. PATRICIA A. HURST is a senior trial justice with the state of Rhode Island Superior Court. Justice Hurst has served on the Superior Court Bench for 20 years during which she has presided over countless cases including complex civil and criminal jury trials, and cases involving complex discovery disputes. By special assignment of the Presiding Justice of the state of Rhode Island Superior Court, she has managed and tried multi-party and complex litigation including, cases involving multifaceted constitutional issues, intricate legal and factual questions, and evidence of a highly technical and scientific nature. Justice Hurst has written decisions and rulings that have set new laws in Rhode Island and which have been cited in state appellate court decisions, federal administrative rulings, law journals, and law review articles. She is the co-author and editor of the "Rhode Island Model Civil Jury Instructions" and an editor and author of MCLE/New England's series, "A Practical Guide to Discovery Practice in Rhode Island." Justice Hurst also pioneered the use of modern jury techniques in the Rhode Island state trial court including the use of preliminary charges, juror note taking and other innovations. She regularly participates in local legal and educational programs. Justice Hurst serves on various court committees and has served as a delegate to regional and national judicial conferences. She was a featured speaker at The American Association for Justice's (formerly Association of Trial Lawyers of America) 50th annual national convention, an invitation extended by ATLA's National College of Advocacy. Justice Hurst was awarded the state trial lawyers association's Judicial Merit Award in September 2001, and received certificates of special recognition and accomplishment from the Congress of the United States of America, House of Representatives and Senate and from the Governor of the State of Rhode Island. Until her appointment to the Rhode Island Superior Court Bench in 1990, she maintained a private law practice and concentrated in the area of civil litigation. Justice Hurst is a former member of the American Bar Association, The Association of Trial Lawyers of America, the American Arbitration Association Panel of Arbitrators, the Rhode Island Bar Association, the Rhode Island Trial Lawyers Association and the Rhode Island Women's Bar Association. She served as a volunteer attorney for the American Civil Liberties Union and as a member of various public and private boards and committees. Justice Hurst also was active in charitable and civic organizations and in local politics. Currently, Justice Hurst is active with the National Association of Women Judges of which she is a member. She has served on a number of that organization's significant boards and committees including the Board of Directors, Executive Committee, and Audit and Compliance Committee. Justice Hurst also is an active member of the International Association of Women Judges.

BROOKS R. MAGRATTEN is a partner with Pierce Atwood LLP, practicing in the areas of commercial, insurance and products liability litigation. Mr. Magratten is the former Northeast Regional Director of DRI and former chair of its Life, Health & Disability Insurance Committee. He also is a member of the FDCC, IADC and ADTA. Mr. Magratten is a former chair of the Federal Bench/Bar Committee of the Rhode Island Bar Association, is the president-elect of the Federal Bar Association (Rhode Island Chapter) and a fellow of the Rhode Island Bar Foundation. Mr. Magratten is the president of the Defense Counsel of Rhode Island. He earned his B.A. degree from Hamilton College, his J.D. degree from Dickinson School of Law and his M.B.A. degree from Bryant College. Mr. Magratten is an adjunct professor at Roger Williams Law School and the editor of the ABA's ERISA Survey of Federal Circuits .

TODD D. WHITE is a partner in the litigation group of Adler Pollock & Sheehan P.C., in both the Providence and Boston offices. He focuses his practice on complex commercial litigation, licensing disputes, business disputes, product liability, premises liability, personal injury, insurance defense and insurance coverage issues. Mr. White earned his B.A. degree from Columbia University and his J.D. degree, cum laude, from Suffolk University. He is a member of the Massachusetts and Rhode Island bar associations, and is admitted to practice before the U.S. Federal District Court for the districts of Rhode Island, Connecticut and Massachusetts, as well as the U.S. Court of Appeals for the 1st Circuit. Mr. White also is a member of the Rhode Island Trial Lawyers Association and the Association of Trial Lawyers of America.

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