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

1. NIGHTMARE CLIENTS
   9:00 - 10:30, David W. Brown
   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
   10:45 - 12:00, David W. Brown
   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
   1:00 - 2:15, Todd D. Weiler
   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
   2:15 - 3:15, Gregory J. Sanders
   1. How They Make You Miserable and Why
      1. Frivolous Litigation and Attorney's Duty under Rule 11
      2. Multiplying Litigation Maliciously
      3. Discovery Abuse
         1. Excessive Production Requests under FRCP Rule 26(g)
         2. State Discovery Rules
         3. Spoliation
         4. Evasive and Misleading Responses to Discovery
         5. Improper Behavior at Depositions and Examination
         6. Frivolous Motions and Pleadings
         7. The “Silent Treatment” – Counsel Who Won't Communicate
         8. Overly Defensive Tactics – Overlooking Intended Good Faith in Your Actions
         9. Frivolous Appeals
   2. Prevention and Remedies
      1. Facilitating Cooperation
      2. Put it in Writing – Documenting Litigation Abuses
      3. Effective Motions to Strike Pleadings
      4. FRCP Rule 37
      5. Litigation Abuse Court Sanctions: The Latest Case Law
   3. Litigation Fraud and Its Prosecution
   4. Roundtable Discussion – Share Your Stories
5. ETHICAL CONDUCT – STOP YOURSELF BEFORE CROSSING OVER INTO OVERZEALOUS REPRESENTATION
   3:30 - 4:30, Gregory J. Sanders
   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

DAVID W. BROWN is the principal of the Law Office of David W. Brown, located in West Valley City, Utah. He has focused his practice in the areas of criminal law, civil rights and civil practice since 1990. Mr. Brown has spoken to paralegal groups on developing witness interviewing skills. He is a member of the litigation section of the Utah State Bar and the Utah Association for Justice. Mr. Brown earned his B.A. degree in journalism at Pennsylvania State University and his J.D. degree at Brigham Young University, where he earned the top grade award in criminal trial practice and product liability. He is a former editor of the Utah Bar Journal and the BYU Journal of Public Law. He has served as a small claims judge for several years. His multi-faceted career as a journalist, private investigator and attorney make him a popular seminar speaker.

GREGORY J. SANDERS is a shareholder in the Salt Lake City law firm of Kipp and Christian, P.C., where his practice is concentrated in civil litigation. Mr. Sanders is a frequent speaker on litigation issues for National Business Institute and other professional groups. He is a retired colonel, U.S. Army Reserve, working last as Assistant Chief, Litigation Division, U.S. Army Legal Services Agency. Mr. Sanders is a member of the Utah State Bar, the U.S. District Court, the U.S. 10th Circuit Court of Appeals and the U.S. Supreme Court. He also is a member of the Defense Research Institute. Mr. Sanders earned B.S. degree from the University of Utah and his J.D. degree, cum laude, from Brigham Young University.

TODD D. WEILER is of counsel in the trial group of Dorsey & Whitney LLP, where his practice centers on commercial litigation. He was selected as one of the Utah Business Magazine's "Legal Elite" (Civil Trial Category), with specialization in cases involving business law, real estate law and municipal law. Mr. Weiler has taken approximately 100 cases to trial and appeared in more than 750 hearings. He is admitted to practice in Utah and before the Supreme Court of Utah and the U.S. District Court for the District of Utah. Mr. Weiler earned his B.S. degree and his J.D. degree, cum laude, from Brigham Young University, where he served as articles editor on the Brigham Young University Law Review. He also participated with Jessup International Law Moot Court team and the trial advocacy program while in law school. Mr. Weiler is a member of the Salt Lake County Bar and the American Bar Association.

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