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On-Demand: Keep Your Cases Moving: Tools, Rules, and Confidence to Deter Obstruction Webinar Series



ON-DEMAND: KEEP YOUR CASES MOVING: TOOLS, RULES, AND CONFIDENCE TO DETER OBSTRUCTION WEBINAR SERIES

June 16 & 23, 2021 | Online

Recorded on June 16 & 23, 2021. Obstruction has become a huge problem. Trial lawyers all over the country are wondering what they can do to keep their cases moving forward despite aggressive defensive obstructive tactics. In this 2-part webinar series, leaders of the plaintiffs’ bar will share their proven methods for identifying obstruction, presenting obstructive tactics to the judge in an easy to digest manner, and enforcing discovery through sanctions when necessary.

AAJ is not responsible for accrediting or reporting CLE credits for On-Demand programs. Each attorney is responsible for ensuring their state accepts self-application for self-study CLE credits. FAQs on CLE and Education programs can be found HERE.

This on-demand course contains the webinar recording, full course materials, and agenda from the program as well as a certificate of completion for attendees to use when applying for 230 general minutes of self-study MCLE credit.

Agenda    Course Materials   
Time (ET) Wednesday, June 16, 2021
2:00 - 2:05 p.m.
WELCOME ANNOUNCEMENTS  
2:05 - 2:50 p.m.
WHAT ARE THE RESPONDING ATTORNEY'S DUTIES (ethics credit) 
- Model Rules of Professional Conduct 
    - Preamble: "Zealous Advocacy"
    - Rule 3.4: Obstruction Prohibited - Considerations for Written Discovery and Depositions 
- Attorney's Duty to Investigate
- Duty to Understand Client's ESI
- Attorney's Signature on Discovery Responses
- Attorney's Liability for Withholding Evidence

2:50 - 3:35 p.m. COMMON OBSTRUCTION TACTICS (ethics credit)
- Boilerplate Objections
- Qualified Answers
- False or Misleading Responses
    - Possession
    - Discoveries Continuing 
- Consequences for Non-Timely Responses
- Techniques from Enforcing Timely Responses
- Proportionality for Enforcing Timely Responses 

3:35 - 4:00 p.m. 
QUESTIONS AND ANSWERS
4:00 p.m.
ADJOURN

Time (ET) Session
2:00 - 2:05 p.m.
WELCOME ANNOUNCEMENTS  
2:05 - 2:50 p.m.
MANAGING OBSTRUCTION: MAKING IT EASY FOR THE JUDGE
- Preempting Objections with Rule 30(b)(6)
- Obstruction Spreadsheet
   - Request, Objection, Evidence, Ruling
- Meet & Confer
    - Legal Requirements  
    - Management with a Spreadsheet
    - Affidavit
    - Professionalism Works!

2:50 - 3:35 p.m. ENFORCING DISCOVERY THROUGH SANCTIONS
-  Motion to Compel
- Sanctions
    - Walking Through the Mechanics

3:35 - 4:00 p.m. QUESTION AND ANSWER SESSION
4:00 p.m. ADJOURN
Reasonable Accommodations
Individuals who need a reasonable accommodation under the Americans with Disabilities Act to access AAJ’s conferences or training courses should contact us by one of the following means:
  • Write to us at AAJ Education, 777 6th St NW, Suite 200, Washington, DC 20001;
  • Call us at (800) 622-1791; or
  • Send us an email at education@justice.org.
Requesters should provide information about the nature of the requested accommodation and include contact information (such as an email address, residential address, or telephone number) at which they can be reached. Depending on the nature of the request, we may need sufficient advance notice to provide a reasonable accommodation.