Audio CD + Course Book

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

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • NC CLE - 6.00
From Event: Dirty Litigation Tactics: How to Deal with the "Rambo" Litigator, held February 2018.

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: 6.00 NC - Credit Approval Expiration 12/31/2019 *

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:30, Written by Dan Atkinson and Reginald W. Belcher. Presented by Dan Atkinson in Greenville and Reginald W. Belcher in Columbia.
    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
    10:45 - 11:45, Written by Francis Hinson IV. Presented by Aimee V. Leary in Greenville and Francis Hinson IV in Columbia.
    1. Climbing the Ladder
    2. Beware of "Little Big Man"
    3. Bad Facts = Bad Case
    4. Overcompensating
    5. Preparation, Knowledge and Experience
    12:45 - 2:15, Written by Reginald W. Belcher. Presented by Karen R. McManaway in Greenville and Reginald W. Belcher in Columbia.
    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
    2:30 - 3:30, Written by H. Asby Fulmer III. Presented by Aimee V. Leary in Greenville and H. Asby Fulmer III in Columbia.
    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
    3:30 - 4:30, Written by Richard H. Willis. Presented by Dan Atkinson in Greenville and Richard H. Willis in Columbia.
    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

February 13 - Greenville

DAN ATKINSON is an attorney with Wilkes Law Firm P.A.'s Spartanburg office where his practice focuses on all areas of general litigation including professional liability defense, construction litigation, personal injury defense, insurance litigation, business torts, and education law. He has represented school districts, teachers, and students on a variety of issues such as athletic eligibility, employment termination, civil liability, accessibility and security of medical records. Additionally, Mr. Atkinson has represented several licensed professionals before administrative agencies. He has tried cases before juries, and he has experience in non-jury trials in cases involving arbitration panels. He is a member of the South Carolina Bar. Mr. Atkinson earned his B.A. degree, cum laude, from Furman University; and his J.D. degree, cum laude, from Washington and Lee University School of Law, where he served as an instructor in legal research and writing. Mr. Atkinson attended the International Association of Defense Counsel's Trial Academy, held at Stanford Law Center, which provided an intensive training of trial questioning and presentation and techniques.

AIMEE V. LEARY is an attorney with Wendell L. Hawkins, PA, where she practices commercial and residential real estate, title law, and civil litigation. She is a member of the South Carolina Bar (Real Estate Practice section), Greenville Bar Association (Young Lawyers section), Greater Greenville Association of Realtors, Upstate Mortgage Lenders Association, and Commercial Real Estate Women Upstate. Ms. Leary earned her B.B.A. degree form the University of Miami and her J.D. degree from the University of South Carolina.

KAREN R. McMANAWAY is a sole practitioner with McManaway Law, LLC, where she practices family law and personal injury law. Ms. McManaway is a certified family court mediator. She is a member of the South Carolina Association for Justice, South Carolina Bar, Greenville County Bar Association, and the South Carolina Women Lawyers Association (retired board director and regional representative). The American Institute of Family Law Attorneys selected Ms. McManaway as one of the "10 Best Female Attorneys" of Family Law in South Carolina. Attorney and Practice magazine placed Ms. McManaway on the Top 10 Attorney List. She has also been given the honor of being on National Advocates Top 100 in the sate of South Carolina. She earned her B.S. degree from the University of Southern Indiana and her J.D. degree from the Florida Coastal School of Law.

February 16 - Columbia

REGINALD W. BELCHER is a shareholder in the Columbia office of Turner Padget Graham & Laney P.A. Mr. Belcher is a certified specialist in employment and labor law, a certified mediator, and a certified arbitrator. He represents employers in federal and state courts and before administrative agencies, including the Department of Labor and the Equal Employment Opportunity Commission. Mr. Belcher regularly advises and counsels employers in various labor and employment matters. He has published numerous articles and participated in local, state and national discussions on labor, employment and business issues. Mr. Belcher is admitted to practice in South Carolina and the District of Columbia, and before the U.S. District Court for the District of South Carolina and the U.S. Court of Appeals for the Fourth Circuit. He earned his B.S. degree, summa cum laude, from West Virginia University and his Master of Human Resources and J.D. degrees from the University of South Carolina.

H. ASBY FULMER III is a sole practitioner of the Fulmer Law Firm, LLC, in Summerville, South Carolina, with offices in both South Carolina and North Carolina. His practice areas include automobile accidents, premise liability, medical malpractice, workers' compensation and catastrophic injuries. Along with numerous brain injury cases, Mr. Fulmer has litigated cases not only in South Carolina, but multiple other states as well. He is admitted to the South Carolina Bar and is a member of the Dorchester County Bar Association. Mr. Fulmer earned his B.A. and J.D. degrees from the University of South Carolina.

FRANCIS HINSON IV is an attorney with Finkel Law Firm LLC. Mr. Hinson focuses his law practice on civil litigation, regularly handling catastrophic personal injury, medical malpractice and business litigation claims. He is admitted to practice before all courts in the state of South Carolina and the United States District Court for the District of South Carolina. Through pro hac vice admissions, Mr. Hinson has worked with cases in a multitude of states, including Alabama, Arizona, Connecticut, Georgia, Illinois, Iowa, Kentucky, Michigan, Ohio, Oklahoma, Oregon, Texas, Washington and Wisconsin. He has appealed cases to South Carolina’s Court of Appeals and presented oral argument before the South Carolina Supreme Court. In 2014, the National Trial Lawyers named Mr. Hinson one of South Carolina’s Top 40 Under 40 attorneys. Mr. Hinson earned his B.A. degree from Furman University. He earned his I.M.B.A. and his J.D. degree from University of South Carolina.

RICHARD H. WILLIS is a partner with the Columbia law firm of Bowman and Brooke LLP, where he has been handling commercial litigation and contractual disputes in state and federal courts across the country for more than 30 years. Additionally, Mr. Willis practices in the areas of product liability, environmental law, toxic torts, commercial litigation and personal injury defense. He is an adjunct professor at the University of South Carolina, where he teaches trial advocacy. He is a member of the South Carolina Bar, the State Bar of Georgia, the American Bar Association, the Georgia Defense Lawyers Association, the South Carolina Defense Trial Attorneys Association, and the Environmental Law Institute. Mr. Willis earned his B.A. degree from the University of the South and his J.D. degree, cum laude, from the University of South Carolina School of Law.

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Accreditation Details:

Continuing Legal Education

NC CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program may qualify for up to 6.0 hours of online CLE credit, including 1.0 ethics. No more than 6.0 hours of online CLE credit may be earned during a reporting period. This program qualifies for __________ specialization certification credit.

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