Dealing with Bullying in Litigation: Ethics in handling Rambo tactics towards counsel, clients and witnesses

Francine Friedman Griesing | Griesing Mazzeo Law

Fran Griesing has over forty years of experience representing clients in complex business transactions, high stakes litigation, employment, ethics and alternate dispute resolution matters. Fran’s clients include public companies, privately-held businesses, non-profit organizations, government entities and executives, predominantly in the hospitality, technology, chemical, pharmaceutical, healthcare, retail and manufacturing industries. She is included on the American Arbitration Association National Roster of Arbitrators and Mediators for commercial and employment matters, CPR’s Panels of Distinguished Neutrals for commercial, employment, and employment matters as well as the Philadelphia Commerce Court Judge Pro Tempore list. She is also FINRA arbitrator. According to Chambers and Partners, clients describe Fran as “intensely detail-focused and a persuasive and energetic litigator” with a “professional and personable manner.” According to Client Choice, “Fran is a level-headed and highly skilled practitioner who has been invaluable in helping reach settlements and, when necessary, litigating complex commercial disputes.” Prior to launching Griesing Mazzeo Law in 2010, Fran practiced law at top tier firms in New York and Philadelphia and she served as Litigation Chair of Philadelphia’s Law Department under former Mayor Edward G. Rendell, who later served as Pennsylvania Governor. As the City’s lead trial lawyer from 1997 to 2000, Fran advised the Mayor, ranking administration officials and City Council on cutting-edge legal issues, handling over 2,000 cases per year, supervising 75 lawyers plus staff, and overseeing outside counsel. She is accustomed to working with a diverse constituency and performing under public scrutiny. Fran is the recipient of many accolades for her legal acumen, entrepreneurship and civic contributions. She is a highly sought speaker and writer featured in two ABA books: “The Road to Independence, 101 Women’s Journeys to Starting Their Own Firms” and “Her Story Book 2: The Resilient Woman Lawyer’s Guide to Conquering Obstacles”. She taught Business Law, Employment Law and Advocacy at Temple University Law School and has been a guest lecturer at the Wharton School and Drexel University Thomas Kline School of Law.

Steve Wood, Ph.D. | Courtroom Sciences Inc.

Steve M. Wood, Ph.D. is a Litigation Consultant at Courtroom Sciences, Inc., a national litigation consulting and litigation support firm based in Irving, Texas. Dr. Wood uses his social psychological expertise to help clients understand the juror decision-making process and maximize the likelihood of favorable case outcomes. He also assists clients with a myriad of case-related activities, including pre-trial research, witness effectiveness training, case theme development, supplemental juror questionnaires, and jury selection. His work has been published in various peer-reviewed academic journals, as well as several scholarly magazines, and he also serves as co-host of The Litigation Psychology Podcast.

Session I – Keeping Your Cool: Ethical Strategies for Dealing with Bullies in Litigation | 10:50am – 11:50am

• The applicable rules governing professionalism for lawyers and the importance of understanding the rules in the jurisdictions in which you are admitted or in which you practice | 10:50am – 11:05am
• The importance of rule so court, local protocols, civility codes and other principles in different forums that impact what is permissible and impermissible lawyer conduct | 11:05am – 11:20am
• Effective strategies to understand how your adversary operates and to prepare for handling misconduct and bullying before it happens | 11:20am – 11:35am
• Creating a toolbox of devices for dealing with common scenarios in pleadings, motion practice, discovery and depositions, hearings and court proceedings and settlement | 11:35am – 11:50am

Break | 11:50am – 12:00pm

Session II – The Economic Impact of Emotional Witness Performance at Deposition | 12:00pm – 1:40pm

• The reason prepared witnesses fail at deposition | 12:00pm – 12:30pm
• The economic impact of poor witness performance at deposition | 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

• Identifying and assessing witness emotional states | 1:10pm – 1:25pm
• Training witnesses to manage their emotion, cognition, and behavior for better outcomes | 1:25pm – 1:40pm