Dirty Litigation Tactics: How to Deal with the "Rambo" Litigator
Friday, May 18, 2018
9:00 AM - 4:30 PM
12601 W. 95th St
Lenexa, KS 66215
$349 / Each Additional
Registration Includes Course Book
Continuing Legal Education
- KS CLE - 7.00
- MO CLE - 7.20
Neutralize "Scorched Earth" Tactics While Playing by the Rules
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 seminar is designed to teach you how to deal with frustrating and all-too-common litigation techniques. We invite you to bring your questions and real-life dilemmas to this forum to discuss them with our faculty and find real-world solutions. We will share tips, tactics and information that will help you deal with your next "Rambo" litigator. Enroll today!
- Use rules of civil procedure to effectively neutralize "scorched earth" or "Rambo" litigators.
- Develop a reputation for integrity by following the rules while still assertively representing your clients.
- Effectively counteract dirty tricks using proven documentation techniques.
- Pursue your rights to the documents you are entitled to - don't allow opponents to hide them!
- Effectively handle paid experts - or "Rambos" disguised in expensive suits - during depositions and in trial.
- Depose uncooperative witnesses in a way that uncovers what you really wanted to know!
Who Should Attend
This basic-to-intermediate level seminar will benefit:
- In-House Counsel
- Identifying the "Rambo" Litigator
- Hidden Agendas - Why Does "Rambo" Exist?
- Dirty Tricks That You Need to Look Out For
- Using Effective Remedies to Combat "Rambo" Litigation
- Ethics - It's Legal, but is it Right?
Continuing Education Credit
Continuing Legal EducationCredit Hrs State
CLE 7.00 - KS*
CLE 7.20 - MO*
* denotes specialty credits
Agenda / Content Covered
- IDENTIFYING THE "RAMBO" LITIGATOR
9:00 - 10:15, John Duggan
- Who is This "Rambo?"
- Civility: The Hallmark of Professionalism
- Knowing What You are up Against: 13 Helpful Hints on How to Deal With Difficult Opposing Counsel
- Win Battles by Knowing the Rules of Procedure
- Documenting Bad Behavior and Dirty Tactics
- HIDDEN AGENDAS: WHY DOES "RAMBO" EXIST?
10:30 - 11:45, James F. Freeman III
- Climbing the Ladder
- Beware of "Little Big Man"
- Bad Facts = Bad Case
- Preparation, Knowledge and Experience
- DIRTY TRICKS THAT YOU NEED TO LOOK OUT FOR
12:45 - 2:00, Constance L. Shidler
- "Hiding the Ball:" Make Sure You Get Documents and Discovery That You are Entitled To
- How to Deal With Frivolous Objections to Discovery
- Improper Behavior of Counsel at Depositions: Coaching the Witness and Instructing a Witness Not to Answer a Question
- Dealing With the "Rambo" Lawyer Who Will Not Communicate
- The Paper War and the Poison Pen
- Prescriptions for Controlling Bad Conduct: Videotaped Depositions and Providing for Special Masters/Judges at Depositions
- "Scorched Earth" Litigation Tactics: Winning at All Costs
- "The Documents Don't Exist:" The Needle in the Haystack
- Hiding Discovery That is Relevant to the Case
- Dealing With "Paid for Hire" Expert Witnesses
- How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
- Using Motions to Compel Effectively
- USING EFFECTIVE REMEDIES TO COMBAT "RAMBO" LITIGATION
2:15 - 3:30, Howard L. Lotven
- Motions to Strike Pleadings
- Rules Governing Professional Conduct
- Telling it to the Judge
- Your Reputation and the Big Picture
- Why Playing by the Rules is the Only Way to Practice
- Weeding Out the "Rambos:" Cleaning the Slate
- ETHICS - IT'S LEGAL, BUT IS IT RIGHT?
3:30 - 4:30, James F. Freeman III
- State Bar Code of Ethics and Ethics Code of Various Specialties
- Real and Potential Conflicts of Interest
- 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.
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