Audio CD + Course Book

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

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • MO CLE - 6.00
From Event: Dirty Litigation Tactics: How to Deal with the "Rambo" Litigator, held May 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

Credit Hrs State Credit Approval Expiration
CLE 6.00 MO 05/18/2020

* denotes specialty credits

Agenda / Content Covered

    9:00 - 10:15, John Duggan
    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
    10:30 - 11:45, James F. Freeman III
    1. Climbing the Ladder
    2. Beware of "Little Big Man"
    3. Bad Facts = Bad Case
    4. Overcompensating
    5. Preparation, Knowledge and Experience
    12:45 - 2:00, Constance L. Shidler
    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
    2:15 - 3:30, Howard L. Lotven
    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, James F. Freeman III
    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

JOHN DUGGAN is an attorney and president of the law firm of Duggan, Shadwick, Doerr & Kurlbaum, P.C., in Kansas. Mr. Duggan has been lead trial counsel on over 150 cases tried to a jury and/or to the court. Several of those cases involved in excess of 50 million in claimed damages. His practice focuses on casualty and property losses sustained from catastrophic fires, lender liability disputes, wrongful death, products liability claims, construction defects, mechanic‘s liens claims, commercial lease disputes and buy-sell agreement disputes, just to mention a few. Mr. Duggan has briefed and/or argued more than 50 appellate cases in the U.S. Supreme Court; the U.S. Court of Appeals for the Seventh, Eighth, and Tenth circuits; the Kansas Supreme Court; the Missouri Supreme Court; and the Kansas Court of Appeals and the Missouri Court of Appeals. He is admitted to practice in Kansas and Missouri; and before the U.S. Supreme Court; the U.S. Court of Appeals, Seventh, Eighth and Tenth circuits; the U.S. District Court for Kansas, Western District of Missouri; and other selected districts throughout the United States. Mr. Duggan is a member of the Kansas Bar Association (member, Appellate Practice Committee), The Missouri Bar, the Kansas City Metropolitan Bar Association (member, Federal Practice Committee), and the Johnson County Bar Association. He earned his B.B.A. degree from Iowa State University and his J.D. degree from the University of Iowa.

JAMES F. FREEMAN III is an attorney with Swanson Midgley, LLC, where he practices in the areas of construction, land use, church, commercial litigation, business, contract, employment, probate litigation, appellate practice, transportation, and corporate law. He is admitted to practice in Kansas, Missouri, and before the U.S. Supreme Court, U.S. Court of Claims, U.S. Court of Appeals for the Eighth and Tenth circuits, and the U.S. District Court for the Districts of Missouri and Kansas. Mr. Freeman is a member of the Kansas City Metropolitan, Kansas, and American bar associations, as well as The Missouri Bar. He earned his B.A. and J.D. degrees from the University of Missouri at Kansas City.

HOWARD L. LOTVEN is a sole practitioner with the law office of Howard L. Lotven P.C. Mr. Lotven primarily represents clients in criminal/municipal courts and traffic courts. He has been either a prosecutor or a defense attorney in more than 10,000 cases. Mr. Lotven also represents clients in family law matters, including divorce, paternity, modification of child support, custody and visitation. His professional associations and memberships include the Kansas City Metropolitan Bar Association (Municipal Court Committee, Family Law Committee, Criminal Law Section, Volunteer Attorney Project), The Missouri Bar (Criminal Law Committee, General Practice Committee), the Municipal Court Prosecutors Association of Western Missouri, the Missouri Municipal and Associate Circuit Judges Association, and the Association of Women Lawyers. Mr. Lotven is admitted to practice in Missouri and before the U.S. District Court for the Western District of Missouri and the U.S. Federal Court. He presently serves as a lecturer for the Kansas City Metropolitan Bar Association on practicing in municipal and traffic courts. Mr. Lotven earned his B.A. degree, with honors, from Drake University and his J.D. degree from the University of Missouri-Kansas City School of Law.

CONSTANCE L. SHIDLER is a partner at Smithyman & Zakoura Chartered, where she focuses on civil and business litigation and acts as outsourced general counsel for businesses. She is a member of the Johnson County and Kansas bar associations, The Missouri Bar, and the Earl E. O’Connor Inn of Court. Ms. Shidler was designated a Super Lawyer in business litigation for the years 2011-2017. She is an alumnae of the University of Kansas School 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


Accreditation Details:

Continuing Legal Education

MO CLE: 6.00 Credit Approval Exp
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

This content has been approved for Virginia Mandatory Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.

Additional Format Options


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702