Litigation & Appeals

4.55

Dirty Litigation Tactics: How to Deal With Cutthroat Litigators

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 56 minutes
Raymond Grasing
Philip Greenberg
Vincent Jackson
Taylor Chastang
Jared West
With Raymond R. Grasing from The Law Firm of Grasing & Associates + 4 others
Recorded January 28, 2025
Product ID 99663

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Overview

Counter Dirty Tactics in Motions, Discovery, Negotiations, and Trial

Have you ever found yourself facing an overly-zealous litigator who embodies the spirit of Rambo or John Wick? Join our experienced faculty as they explore the motivations and tactics of aggressive adversaries throughout the litigation process. They will also provide practical solutions to combat tricks that push legal, professional, and ethical boundaries. Be calm, collected, and strategic the next time you're facing a win-at-all-costs advocate - register today!

  • Learn how to differentiate between the zealous and unscrupulous advocate.
  • Get real-world strategies for countering frivolous filings, improper use of motions, and other ploys.
  • Cut through opposing counsel's attempts to block your access to discovery that you're entitled to.
  • Discover prescriptions for controlling bad conduct at depositions.
  • Find out how to check trial counsel that tries to unfairly influence jurors or witnesses.
  • Uncover techniques to deal with negotiators who manipulate facts and employ deceptive tactics.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member James Susag.

Abbreviated Agenda

  1. Identifying the "Rambo" Litigator
  2. Improper Pleadings, Motions, and Communications
  3. Dirty Discovery Tricks That You Need to Watch Out for
  4. Deposition Ploys
  5. Countering Dirty Tactics in Negotiations
  6. Trial Tactics That Cross the Line
  7. Ethics - It's Legal, but is it Right?
Product ID 99663

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Identifying the "Rambo" Litigator

    1. Who is This "Rambo?"
    2. Rambo vs. Zealous Advocate
    3. Hidden Agendas: Why Does Rambo Exist?
    4. Civility: The Hallmark of Professionalism
    5. Knowing What You are up Against: 13 Helpful Hints on How to Deal With Difficult Opposing Counsel
    6. Win Battles by Knowing the Rules of Procedure
    7. Documenting Bad Behavior and Dirty Tactics
  2. Improper Pleadings, Motions, and Communications

    1. Frivolous Filings and Vexatious Litigation
    2. Excessive Vagueness in Pleadings
    3. Baseless Counterclaims
    4. Forum Shopping
    5. Frivolous Motions
    6. Abusing Discovery Processes Via Motions
    7. Improper Use of Motions; Using Motions for Delay or Unfair Advantage
    8. Fabricating or Misrepresenting Legal Authorities
    9. Dealing With the "Rambo" Lawyer Who Will Not Communicate
    10. The Paper War and the Poison Pen
  3. Dirty Discovery Tricks That You Need to Watch Out for

    1. "Hiding the Ball:" Make Sure You Get Documents and Discovery That You are Entitled To
    2. Misusing Attorney-Client Privilege
    3. How to Deal With Frivolous Objections to Discovery
    4. Document Dump
    5. "The Documents Don't Exist:" The Needle in the Haystack
    6. Spoliation and Tampering With Evidence
  4. Deposition Ploys

    1. Dealing With "Paid for Hire" Expert Witnesses
    2. How to Ensure That Your Opponent Designates the Proper 30(B)(6) Corporate Designee Witnesses
    3. Coaching the Witness and Instructing a Witness Not to Answer a Question
    4. Remote/Zoom Depositions
    5. Prescriptions for Controlling Bad Conduct: Videotaped Depositions and Providing for Special Masters/Judges at Depositions
    6. Deposition Ambush
    7. Misusing Deposition Testimony
  5. Countering Dirty Tactics in Negotiations

    1. Misrepresenting Facts
    2. Withholding Key Information
    3. Empty Threats and Bluffs
    4. Manufacturing False Urgency
    5. Bad Faith Negotiations
    6. Refusal to Listen or Engage
    7. Placing Persons Without Settlement Authority at the Mediation or Negotiating Table
    8. Bait-and-Switch
    9. Settlement Agreement Traps
  6. Trial Tactics That Cross the Line

    1. "Scorched Earth" Litigation Tactics: Winning at All Costs
    2. Poisoning the Well
    3. Discrimination in Jury Selection
    4. Jury Tampering
    5. Improper Expert Witness Testimony
    6. Encouraging or Inducing a Witness to Provide False Testimony
    7. Witness Coaching
    8. Witness Intimidation and Badgering
    9. Falsifying Evidence
    10. Ex Parte Communication
    11. Improper Jury Instructions
    12. Contempt of Court
  7. Ethics - It's Legal, but is it Right?

    1. Code of Ethics
    2. Duty of Candor and Upholding Integrity
    3. Real and Potential Conflicts of Interest
    4. Balancing Zealous Advocacy With Ethical Obligations
    5. Addressing Dirty Tactics Ethically and Professionally
    6. Reporting Unethical Conduct

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Raymond R Grasing
Raymond R.
Grasing
The Law Firm of Grasing & Associates
Philip A Greenberg
Philip A.
Greenberg
Philip A. Greenberg, P.C.
Vincent P Jackson
Vincent P.
Jackson
Kollman & Saucier, P.A.
Taylor N Chastang
Taylor N.
Chastang
Zinober Diana & Monteverde P.A.
Jared M West
Jared M.
West
Jones Skelton & Hochuli, P.L.C.
Speaker bio
Raymond R Grasing

Raymond R. Grasing

The Law Firm of Grasing & Associates
Raymond Grasing

is an attorney with The Law Firm of Grasing & Associates. He has more than 25 years of trial experience in New York. Mr. Grasing knows how to try a case in a straight forward convincing manor, and how to pare down the facts and issues to their essential parts to help a jury reach the correct decision. His understanding of the law, gained through his trial experience, provides his clients with a distinct competitive advantage, whether or not their case gets to trial. Mr. Grasing practices in the areas of commercial litigation, personal injury, construction disputes, insurance coverage disputes, insurance coverage, collections, subrogation, arson, and fraud cases. He earned his B.A. degree from the State University of New York at Stonybrook and his J.D. degree from Brooklyn Law School.

Speaker bio
Philip A Greenberg

Philip A. Greenberg

Philip A. Greenberg, P.C.
Philip Greenberg

has provided skilled and highly personalized representation to his clients for more than 45 years. During this time, his firm has helped clients with family law and business matters in a wide range of civil litigation. Mr. Greenberg judges multiple rounds, including the finals of the National Trial Competition in Virginia. He has co-authored a book titled Divorce Insights, which was published and is being sold by Amazon Books. Mr. Greenberg is admitted to practice in New York and New Jersey, both state and federal courts, as well as the Second Circuit Court of Appeals and the U.S. Supreme Court. He earned his J.D. degree from New York University School of Law and his B.A. degree, cum laude, from Brooklyn College of the City University of New York.

Speaker bio
Vincent P Jackson

Vincent P. Jackson

Kollman & Saucier, P.A.
Vincent Jackson

is an attorney at Kollman & Saucier, P.A., representing clients in a broad array of commercial and employment-related matters. Prior to joining the firm, he worked at another Baltimore law firm where he litigated a variety of commercial, construction and criminal disputes. Mr. Jackson also served as a prosecutor in the Office of the State's Attorney for Baltimore City. In three years, he chaired 18 jury trials and over 50 bench trials. As a member of the Felony Narcotics Unit, Mr. Jackson prosecuted numerous violent repeat offenders for felony firearm and drug crimes. He earned his B.A. degree, cum laude, from the University of Baltimore School of Law; his master's degree from Virginia Tech University; and his J.D. degree, cum laude, from the University of Baltimore School of Law. Mr. Jackson is admitted to the Maryland State Bar Association.

Speaker bio
Taylor N Chastang

Taylor N. Chastang

Zinober Diana & Monteverde P.A.
Taylor Chastang

is an attorney at Zinober Diana & Monteverde P.A. where she handled breach of contract causes of action, bad faith allegations, and property claim disputes. She also worked at another AmLaw 200 firm with international scope in the area of first party property litigation, where she worked closely with Lloyd's of London as both litigation and coverage counsel, where she reviewed insurance contracts and issued coverage analyses. Ms. Chastang earned her B.A. degree from University of Alabama and her J.D. degree, cum laude, from Florida State University College of Law.

Speaker bio
Jared M West

Jared M. West

Jones Skelton & Hochuli, P.L.C.
Jared West

is a litigation attorney at Jones, Skelton & Hochuli's New Mexico office. After successful stints at top Colorado litigation firms, he returns to focus on complex civil litigation, construction, and premises liability. Previously, Jared defended various clients against claims like products liability and medical malpractice, earning accolades such as Thomson Reuters's Rising Star and Best Lawyers: Ones to Watch. In 2024, he was selected for the Colorado Bar Association Leadership Training program. A University of Nebraska College of Law graduate, Jared excelled academically, earning numerous honors. He completed his undergraduate studies at the University of New Mexico, majoring in Psychology and Philosophy. Jared is dedicated to community service and pro bono work, recognized by the Nebraska Supreme Court. His legal writings have been featured in several publications, and he teaches continuing education courses. He also mentors law students and has held leadership roles in the Colorado Bar Association.

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