Tactics for Dealing with an Aggressive Litigator, including 1 hour of Ethics (2024 Edition)
Jeffrey S. Gard is experienced in criminal defense, civil litigation, cannabis/hemp, and business matters. He has litigated hundreds of cases, many through trial, in both state and federal courts.
On-Demand: March 27, 2024
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Program Summary
Session I - Tactics for Dealing with an Aggressive Litigator – Jeffrey S. Gard
In legal disputes, there are a few strategies for handling combative opposing counsel. To keep your customer safe from harassment or intimidation, one tactic is to match their violence, kind of like fighting fire with fire. When required, this assertive posture might aid in leveling the playing field. Conversely, it is frequently better to take the high road and prioritize the client's objectives over using the aggressive tactics of the opponent. It can be helpful to adopt tactics to make the proceedings more challenging for the opposing counsel when this animosity becomes a barrier. This can entail sending out official correspondence via mail instead of communicating as often. This may mean writing formal letters by mail rather than speaking with them more frequently. Finally, if the matter has escalated to the point that legal action is required, maintaining composure, and respectfully raising concerns while
Key topics to be discussed:
- Fighting Fire with Fire
- Taking the High Road
- Making it More Difficult
- When to Involve the Court
Session II - Ethical Considerations – Jeffrey S. Gard
The Federal Rules of Civil Procedure (FRCP) set high standards for attorney conduct. FRCP 2.1 requires independent professional judgment and advises on alternative dispute resolution. FRCP 3.1 mandates meritorious claims, discouraging aggression to compensate for weak cases. FRCP 3.2 stresses the need for efficient litigation, cautioning against unnecessary delays. FRCP 3.4 promotes fairness towards opposing counsel, deterring undue aggression. Lastly, FRCP 8.4 addresses misconduct, prohibiting behaviors that disrupt justice or harm others. These rules collectively emphasize professionalism, integrity, and efficiency in legal practice.
Key topics to be discussed:
- FRCP 2.1: Advisor
- FRCP 3.1: Meritorious Claims and Contentions
- FRCP: 3.2: Expediting Litigation
- FRCP 3.4: Fairness to Opposing Counsel
- FRCP 8.4: Misconduct
This course is co-sponsored with myLawCLE.
Closed-captioning available
Speakers
Jeffrey S. Gard | Gard Law Firm, LLC
Jeffrey S. Gard is experienced in criminal defense, civil litigation, cannabis/hemp, and business matters. He has litigated hundreds of cases, many through trial, in both state and federal courts. Jeff also successfully litigated and argued cases before the Colorado Court of Appeals and the Colorado Supreme Court.
Jeff has been voted by his peers as one of the top lawyers in Colorado, as published in 5280 Magazine. Jeff is recognized as one of the Top 100 Criminal Defense Lawyers by the National Trial Lawyers and one of the Ten Best Colorado Criminal Law Attorneys by American Institute of Criminal Law Attorneys. Gard Law Firm has repeatedly been voted the Best Law Firm in its hometown, Boulder, Colorado in both the Boulder Weekly and Colorado Daily newspapers.
By way of background, Jeff is a Colorado native and a Cum Laude Philosophy graduate from the University of Colorado, where he also was elected Phi Beta Kappa, the country’s oldest honor society. While attending the law school, Jeff won the William De Souchet Award for best individual performance in trial advocacy and won a multi-state moot court competition during his first year of law school. After graduation, Jeff accepted a position with Sanderson & Associates (later Sanderson & Gard), a respected litigation firm in Boulder, Colorado. Jeff later formed his own firm and moved the office to downtown Boulder.
Jeff’s vast experience allows him to teach other attorneys across the country and has also given lectures at his alma mater, the University of Colorado School of Law. Jeff is an adviser to local, state, and federal government to develop legal policy and to enact various statutes and regulations. Jeff served two terms as the chair of the Civil Litigation Section of the Boulder County Bar Association, where he received special recognition for conscientious performance. Jeff is a member of the Faculty of Federal Advocates, a small group of lawyers and judges working to improve the federal court system.
Finally, Jeff is one of only a handful of attorneys in the state of Colorado to become a Life Member of the Colorado Criminal Defense Bar. The Colorado Criminal Defense Bar is dedicated to protecting the rights of people accused of crimes.
Agenda
Session I – Tactics for Dealing with an Aggressive Litigator | 2:00pm – 3:00pm
- Fighting Fire with Fire | 2:00pm – 2:15pm
- Taking the High Road | 2:15pm – 2:30pm
- Making it More Difficult | 2:30pm – 2:45pm
- When to Involve the Court | 2:45pm – 3:00pm
Break | 3:00pm – 3:10pm
Session II – Ethical Considerations | 3:10pm – 4:10pm
- FRCP 2.1: Advisor | 3:10pm – 3:20pm
- FRCP 3.1: Meritorious Claims and Contentions | 3:20pm – 3:30pm
- FRCP: 3.2: Expediting Litigation | 3:30pm – 3:40pm
- FRCP 3.4: Fairness to Opposing Counsel | 3:40pm – 3:50pm
- FRCP 8.4: Misconduct | 3:50pm – 4:10pm
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