Tactics for Dealing with an Aggressive Litigator (2025 Edition)

Zach Pyers | Reminger Co., L.P.A.

Zach Pyers is a Partner in the Columbus, Ohio office of Reminger Co., L.P.A. His practice focuses on a wide variety of litigation and emerging technologies. He is a host of the Reminger Report Podcast on Emerging Technologies and is a co author of the book Ridesharing Law and Liability, published by the American Bar Association. Zach is an Adjunct Professor at Capital University Law School where he teaches several courses focusing on litigation and emerging technologies, including Depositions, Expert Witnesses, E-Discovery, and Ridesharing and Autonomous Vehicle Litigation.

I. Understanding Aggressive Litigation Tactics | 2:00pm – 2:15pm

• Identifying common aggressive behaviors in litigation
• Psychological motivations behind aggressive tactics
• Recognizing when tactics cross ethical boundaries

II. Preparing Your Client for Aggressive Opposing Counsel | 2:15pm – 2:30pm

• Setting expectations for client interactions with opposing counsel
• Coaching clients to remain calm and focused under pressure
• Safeguarding client confidence during depositions and hearings

III. Maintaining Professionalism Under Pressure | 2:30pm – 2:45pm

• Strategies for staying composed and assertive in high-tension situations
• Avoiding escalation: Keeping communication productive
• Handling verbal attacks and inflammatory statements

IV. Leveraging Rules of Professional Conduct | 2:45pm – 3:00pm

• Reporting and addressing breaches of ethical standards
• Using procedural tools to address misconduct (motions to compel, sanctions)
• Preserving the record for appellate review of improper tactics

Break | 3:00pm – 3:10pm

V. Effective Communication Techniques | 3:10pm – 3:25pm

• Using precise language to avoid misinterpretation or manipulation
• Diffusing hostility with neutral phrasing and non-verbal cues
• Establishing boundaries in written and oral communication

VI. Advanced Negotiation Strategies | 2:25pm – 2:40pm

• Turning aggression into leverage during settlement talks
• Identifying when to stand firm vs. when to concede strategically
• Using mediation and third-party interventions effectively

VII. Tactical Use of Evidence and Discovery | 3:40pm – 3:55pm

• Uncovering weaknesses in aggressive tactics through thorough discovery
• Using well-prepared documentation to counteract bullying strategies
• Preventing discovery abuse with protective orders and motions

VIII. Courtroom Advocacy Against Aggression | 3:55pm – 4:10pm

• Employing assertive yet respectful cross-examination techniques
• Highlighting unreasonable behavior to judges or juries without appearing retaliatory
• Using visual aids and structured arguments to maintain focus on the facts