Countering Litigation Gamesmanship

 

This full-day seminar offers practical advice on how to avoid and respond to annoying, destructive, and time-consuming “gamesmanship” tactics employed by some attorneys in litigation. The speakers address all phases of the litigation process and respond to attendee’s questions throughout the seminar. Topics include: new client considerations, building a positive relationship with opposing counsel, preventing motions to dismiss, knowing when a sanctions motions is the right solution, responding to empty discovery objections, approaching settlements calmly, dealing with serial objectors, addressing unprofessional conduct, and much more! The program is designed for all attorneys who conduct civil litigation in state and federal courts, and is appropriate for practitioners with all levels of experience.

 

All ISBA member registrants are encouraged to participate in a special online learning community, established just for this CLE program, to discuss specific gamesmanship situations with faculty and other community members! Unlike other CLE seminars, this program offers attendees the unique opportunity to ask questions, swap stories, and generate discussion before and after the program! All ISBA member registrants will receive instructions to access the online discussion forum, which will open September 7^th and remain accessible until October 17^th. Not an ISBA member? Join now to participate in this unique ISBA member benefit!

 

 

The join us on the web! The seminar will broadcast live via webcast, allowing attorneys to attend remotely! For more information and to register, please visit: http://isba.fastcle.com/store/seminar/seminar.php?seminar=5808

 

 

 

 

 

 

The early stages of litigation oftentimes set the tone for what’s to come. This segment addresses the various things to consider before accepting a new client and discusses how to establish a good working relationship with opposing counsel.

 

This segment examines several aspects of motion practice that are oftentimes overlooked during discussion – from how to prevent the “almost” inevitable motion to dismiss to determining whether your case is really appropriate for summary judgment, from knowing what constitutes a real emergency to using a telephone call instead of a motion.

 

11:00 – 11:15 a.m. Break (beverages provided)

 

In this segment, the speakers discuss how to know when a sanctions motion is truly the right solution and how to respond to tactical sanctions motions.

 

 

Every litigation lawyer has experienced objections to their discovery, but what happens when those objections are empty? This segment offers an overview of how the meet and confer process should be handled and discusses how to respond (and how not to respond) to empty discovery objections. Deciding to file the motion to compel, as well as fending off bad deposition tactics are also examined.

 

Although settlements are a natural answer to many litigation cases, attorneys and their clients occasionally approach the settlement table hot-headed and full of resentment. This segment discusses how and why attorneys should approach the settlement scenario with cooler heads.

 

3:30 – 3:45 p.m. Break (refreshments provided)

 

In this segment, the speakers address several aspects of the trial process – from countering unprofessional conduct to dealing with the serial objector to protecting witnesses from constant badgering.