Taking the High Road: How to Deal Ethically with Bullies Who Don’t Play by the Rules

(4469 Ratings)

Produced on: May 04, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Many attorneys practice with the misconception that their ethical duties require overly aggressive advocacy. Attorneys who bully, break ethical rules, and misuse their positions often excuse their bad behavior by referencing a “duty” to zealously advocate on behalf of their clients. These unprofessional adversaries misunderstand the Model Rules and the obligations that they impose on attorneys. In fact, their conduct violates ethical rules and exposes them to sanctions. In order to deter bad behavior and to encourage practice with civility, we must use the tools available to us under the Model Rules, the Federal Rules of Civil Procedure, and 28 U.S.C § 1927 to call unprofessional adversaries to task by reporting unethical acts, and in some cases, asking for sanctions.

This program, presented by Founder of Griesing Law LLC, Francine Friedman Griesing, covers several ethical issues arising out of aggressive litigation practices and presents an array of tools to use when dealing with opposing counsel who engage in those practices.

Learning Objectives: 

  1. Understand the ethical rules and guidelines around professional conduct
  2. Discuss the common ethical challenges relating to aggressive client advocacy
  3. Learn appropriate responses to counsel who cross the ethical line 

Faculty

Francine Friedman Griesing

Griesing Law LLC

Fran Griesing, Founder and Managing Member of Griesing Law, LLC, has over thirty years of experience representing clients in complex business transactions, high stakes litigation and alternate dispute resolution matters. As former Litigation Chair for Philadelphia from 1997 to 2000, handling over 2,000 cases per year, Fran evaluated cases early and often with a view towards avoiding unnecessary work. She applies that early assessment strategy to all matters to spare clients expense. She also draws upon her experience as a neutral arbitrator and mediator to craft resolutions that reduce risk and limit liability. Griesing’s clients include public and closely held companies, not-for-profit organizations and executives, predominately in the hospitality, technology, chemical, pharmaceutical and manufacturing industries. She makes sure to learn each client’s business objectives so that the legal expense provides real value, and the results achieved help the bottom line.

 Chambers and Partners USA, a leading directory of the legal profession, has noted that clients describe her as “intensely detail-focused and a persuasive and energetic litigator” with a “professional and personable manner.” Chambers has also expressly recognized her for her work in the hospitality industry, and for her “practical and down-to-earth counsel.” According to Client Choice, which recognizes law firm partners around the world that stand apart for their excellent client care and quality of service, “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 Law, LLC in 2010, she practiced law at top tier firms in New York and Philadelphia and she also served as Chair of Litigation of Philadelphia’s City Solicitor’s Office under former Mayor Edward G. Rendell, who later served as Governor of Pennsylvania. As the City’s top trial lawyer, Griesing advised the Mayor, ranking administration officials and City Council on cutting-edge legal issues, supervising 75 lawyers plus staff, and overseeing outside counsel. As the City’s lead attorney on several high-profile matters, she is accustomed to working with a diverse constituency and performing under public scrutiny.

An honors graduate of Binghamton University and the University of Pennsylvania Law School, where she was an editor of the Law Review, Griesing a highly sought speaker and writer and is also featured in The Road to Independence, 101 Women’s Journeys to Starting Their Own Firms. She has been recognized by Chambers and Partners USA, Best Lawyers in America and Pennsylvania SuperLawyers. She has been acknowledged as a Woman to Watch; Greater Philadelphia Woman of Distinction; one of the Governor’s Best 50 Women in Business; and a SmartCEO Brava! Leader and Legal Elite. Griesing also received the Philadelphia Bar Education Center’s Excellence

in Legal Education Award and the American Bar Association’s Excellence in Legal Writing Award. She has taught Business Law, Public Employment Law and Advocacy Skills at Temple University’s Beasley School of Law and Fox School of Business & Management and has been a guest lecturer at the Wharton School of the University of Pennsylvania. Ms. Griesing is included on the American Arbitration

Association Roster of Neutrals for commercial and employment matters, International Institute for Conflict Prevention & Resolution neutrals list for commercial, employment and hotel franchise matters, and the Philadelphia Commerce Court Judge Pro Tempore list.


Reviews

FM
Frances M.

Excellent presentation!

BM
Brenda M.

This topic is unfortunately more and more relevant. Thanks for including it.

EJ
Elizabeth J.

Very interesting and extremely helpful!

SK
Stephen K.

Absolutely excellent course and presentation!

LK
Lori K.

well done and very informative

MB
Michael B.

She gave good advice." Follow the rules of civility!"

GG
Gary G.

Great practical analysis

CV
Cindy V.

Very intrresting discussion of what constitutes bullying.

RZ
Roger Z.

Excellent. Very well done.

HG
Henry G.

Good course and very good, informative speaker.

HG
Howard J. G.

This program alerted me to areas of potential bullying which I was unaware of, and how to address them. Excellent course.

JR
Jeffrey R.

Good advice for dealing with mean lawyers.

AH
Aaron H.

Very informative!

KD
Kimberly D.

Great speaker with specific examples.

DF
David F.

Excellent presentation.

MP
Mary P.

Excellent!

JM
Judith M.

The speaker was very knowledgeable and made the topic interesting.

SR
Scott R.

Thanks!

SW
Suzette W.

Very good course. Really like the examples given.

BL
Benton L.

good job!

CO
Charis O.

I have run into some of the scenarios contained in this program. So, this course was useful.

JE
Julie E.

thanks

KF
Katie F.

not my area of law but very very informative

SC
sonia C.

this was very interesting

HP
Hae P.

Excellent!

SP
Steven P.

very knowlegeable

CM
Christine M.

Excellent and worthwhile

SB
Susan M. B.

Presenter was very engaging and knowledgeable. Interesting topic. Well organized

DG
Dennis G.

Excellent insights on an issue that happens more often than one might suspect or than it should!

CB
CAROL B.

Good one!

LH
Laura H.

This was very well done.

AE
Amy E.

Speaker was extremely informative and used great examples

CM
Cheryl M.

relevant for today

AT
Allison T.

The program was very comprehensive and helpful.

SJ
Skye J.

Great ideas in the CLE.

DG
David G.

The slides here were particularly good, with the "action steps" to delineate a framework of next steps. Very useful.

GW
Gregory W.

Very Approachable presentation. Not boring.

DR
Dena R.

Great coverage of the topic!

LM
Laura M.

Excellent presentation with concrete examples and solutions.

CN
Carly N.

Really helpful. I find that bullying is sadly the norm.

BS
B.A. S.

Really enjoyed the instructor.

MC
Mark C.

Informative

AM
Antoine M.

Very pertinent and useful information

JS
jesse s.

good!

EK
Erik K.

Good brisk pace through the material.

HH
Holly H.

Very practical -- very good presenter!

DR
Dale R.

Lawline is the Bestiest!

HB
Harriet B.

Excellent analysis and presentation. She was very familiar with the subject matter and handled it efficiently.

MG
MADELINE SHEILA G.

I particularly enjoyed the suggestion of calling the court during "problem" depos - not only have I, I have thrown the offender out of the office and followed that with a motion. In these presentations, the harm done to the "offender's" client should be noted and steps to mitigate that damage should be suggested.

VP
Virginia P.

Excellent course and materials, thanks!

KS
kathleen s.

always enjoy these coursed

JT
John C. T.

good lecturer

DW
Donna W.

The instructor was excellent and her advice was so helpful and practical. The materials are quite useful too.

JS
James S.

Thanks.

AM
Abigail M.

Very topical. Contained important ethical information and advice for common scenarios faced by litigating attorneys.

HL
Harold L.

Good presentation.

GK
Geoffrey K.

Excellent program and very effective presenter. Information provided was detailed and communicated clearly.

AP
Alexandra P.

Very knowledgeable and engaging instructor.

MP
Mary P.

Great speaker!

BL
Brian L.

This CLE was very helpful in educating attorneys on how to conduct themselves when faced with situations were bullying is taking place.

HB
Harry B.

She did a great job!

LL
Linda L.

The bully conduct is tolerated by the CT state courts. The bully (often insurance defense) is allowed to use its conduct to accuse the non-bully of being the bully. Difficult to find a remedy.

MZ
Marc Z.

Instructor was well organized; gave good examples to keep things understandable and interesting and tried to connect with the viewers.

KO
Kathleen O.

Very much enjoyed this particular CLE. Unfortunately "bullying" is alive and well (dare I say "thriving") in the legal profession.

SD
Stephen D.

None

JP
John R. P.

The Speaker was clear in providing the steps one needs to take in addressing a situation that is perceived to be Professional Misconduct. That is very valuable in educating Lawyers to handle and deter such behavior (as well as refrain from such behavior).. Excellent Job!

LS
Leonard S.

great cle topic

JM
John A. M.

Solid, well-organized presentation with useful practice pointers.

AQ
abrar q.

Great

RB
Robert B.

Thank you

EF
Elizabeth F.

Wonderful, clear and concise. Excellent presenter.

TH
Tom H.

Case studies very helpful, also liked practice pointers at end

NM
Natalia M.

It was great!

JS
Jacqueline S.

excellent program

CC
Charles C.

Efficient use of my time. Thank you.

LG
Lawrence G.

Excellent preparation and presentation.

DL
David L.

great course

JB
Jeffrey B.

Good

MD
Matthew D.

This lecture was very interesting and helpful.

DL
Donald L.

Thank You,

LD
Louis D.

Excellent course!

AW
Andrea W.

A very helpful presentation.

KR
Kelly R.

Great tips on hoe to deal with bullies. Thanks!

NG
Nadia G.

Really enjoyed the topic. I am astounded at how rude some attorneys can be. I don't pull these shenanigans but it was interesting to hear about them.

NP
Nancy P.

while speaker was knowledgeable, i agree with some others who wrote that advise is not always practicable since judge's are reluctant to sanction and/or enforce rules of conduct.

SK
Steven K.

Nice course.

KC
Kristine C.

Excellent presentation of spoken and written materials by this speaker, both in terms of law and practical application. I couldn't help but think this speaker had lived some of her examples, all of which were on point.

EN
Eileen N.

A very well done program.

CR
christopher r.

Good presenter; knew her stuff and reviewed it well.

JG
Juliana G.

Great program

JV
James V.

great

AK
Aparna K.

Well presented!

RS
Richard S.

this should be very valuable to young lawyers

SA
Stephanie A.

This is an awesome course. If you need endorsement of this particular course, refer people to me. This was easily understood and provided practical suggestions for handling cases of bullying. Thank you.

KA
Katherine A.

Very well done with real world examples and helpful suggestions.

GS
Gregory S.

Great presentation. I picked up some things.

DD
David D.

This presenter was very efficient with her time and did a great job communicating her points

DS
David S.

Very competent

SO
Susana O.

Great presenter. Would like to see other presentations from her

MM
Mary Anne M.

excellent presentation and very pertinent to lawyers

JW
Jennie W.

Very informative and well presented.

IA
irina a.

good hands on manual re: how to deal with aggressive and inappropriate opposing counsel's conduct.

EW
Elizabeth W.

Speaker was engaging and informative.

RC
Rachel C.

Excellent and informative. I really appreciated the concrete suggestions and examples.

NS
Natale S.

It was interesting, practical and thought provoking. You need to hear these things from time to time.

RL
Rachel L.

Thought the instructor's concrete, pragmatic suggestions were extremely helpful. Great, thoughtful, useful presentation.

MW
Michael W.

Good substantive presentation with examples from her practice.

AB
Andrea B.

Excellent presentation.

TK
Thomas K.

Very good, effective presenter on a topic that should be discussed more frequently today.

EH
Erin H.

very interesting!

GH
Gayle H.

Great CLE!

LC
Laurie C.

Very interesting having dealt with many of the same issues

LM
Louis M.

Very Informative

DH
David H.

Outstanding presentation. Highly recommended.

AR
Amanda R.

Good examples used; spoke well

WM
Walter M.

Exceptional presentation.

JM
john m.

Excellent!

CB
Carrie B.

Very smooth and meaningful presentation.

PA
Patrick A.

Very helpful.

AA
Anthony A.

The lecturer was very knowledge with personal, specific examples from her own career on this topic.

TB
Taylor B.

Great course!

JM
James M.

Very worthwhile

JD
Joleane D.

Great course.

BB
Bruce B.

Good course

PP
Paul P.

Excellent presentation

LD
Louis D.

Timely presentation given that the operating environment in our country has turned harsher

WB
William B.

Very well presented.

RM
randal m.

Excellent.

BC
Benjamin C.

Very informative. Presentation was clear and organized.

KD
Kathy D.

provided practical solutions

CS
Charles S.

The slides were very clear and relevant.

FB
Fred B.

Rather tedious topic but very well presented.

PL
Patricia L.

Good topic -

CE
Corey E.

Thank you!

DW
Daniel W.

Good program, and great layout on the website -- being able to switch between video and materials, etc.

CS
Catherine S.

Great practicer pointers from an engaging speaker.

MM
Melissa M.

The gender discrimination section was very informative.

SA
Senna A.

The issue of bullying within the legal profession is an important one that doesn't often get the attention it needs. Thank you for providing this course! It was quite useful.

SL
Shaune L.

Excellent presentation. Much appreciated

JG
Jamila G.

Great presenter! Very engaging! Worthwhile topic.

DP
David P.

Excellent presentation, timely and useful.

MM
Mark M.

Excellent subject and presentation.

LW
Linda W.

Excellent presentation.

CH
Cathie H.

Thorough and very informative!

KF
Kathleen F.

Excellent presentation.

RG
Raymond G.

Good speaker; good course.

JA
Joy A.

great presentation

JG
John G.

practical and effective, superb instructor

PW
Penny W.

Excellent program for dealing with continuing problems of professionalism.

LB
Lin B.

The speaker was really good. Kept my attention.

LP
Louella P.

Liked that she gave a concise summary in conclusion.

RB
Russell B.

This was one of the best presented Ethics courses taken by me. Ms. GRIESLING WAS OUTSTANDING . Russell Brahm, Virginia

MH
Maurice H.

Very good presentation: well organized and delivered

RS
Richard S.

Great information

CL
Crane L.

Good course

AH
Andrew H.

Practical. The presentation was put together well.

JM
Jocelyne M.

This presenter was really good, engaging and thorough.

MC
Mary Lou C.

Excellent presenter.

PR
Paul S. R.

unusually good, well organized presenter

LO
Lisa O.

Very informative - great speaker

MP
Marc P.

Useful

TP
Timothy P.

It was actually interested and informative.

CT
Cara T.

Great program!

CH
Catherine H.

thanks!

DK
Diana K.

Subject matter was interesting.

MT
Mary B T.

Very good indeed.

WR
William R.

Fine program. Speaker was engaging

KM
Keith M.

Interesting topic. Informative.

MS
Michael S.

An extraordinary amount of information on a wide variety of subjects presented in a clear, concise manner. excellent.

LW
Lara W.

The course give some good practical tips on how to react to bullying situations.

MM
Mark M.

I enjoyed this course.

BS
Brenda S.

Quite informative; expressed certain issues that should be considered ethics violations.

DW
debby w.

This was a very helpful presentation.

CR
Chris R.

Fantastic seminar

BH
Brian H.

informative

VD
Vincent D.

This was a good one. Fran knows her stuff.

HT
Holiday T.

Excellent presenter!

JD
Jeffrey D.

Good class - thank you!

GM
Gary M.

Excellent!

TY
Thomas Y.

Nice Presentaton

JR
Janice R.

Very thorough

DP
Dana P.

Best presentation yet. Packed with information, helpful and interesting.

MC
Michael C.

I like the instructors very affirmative approach in addressing misconduct by opposing counsel.

RG
Russell G.

Thank you!

GS
George S.

The presenter was excellent.

JS
Jeff S.

Thank you.

IG
Iris G.

Many very important points were given.

PS
Philip S.

good job

HG
Howard G.

Excellent Presentation

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