- videocam Live Webinar with Live Q&A
- calendar_month November 11, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Ethics and Specialty Credits
- schedule 90 minutes
Civility in Legal Practice: Communications, Discovery, Depositions, and Courtroom Conduct
Zealous Advocacy, Managing Inappropriate Client Demands, Civil interaction With Opposing Counsel, Responding to Incivility
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About the Course
Introduction
This CLE webinar will explore how to maintain civility during those times in legal practice when the realities of representation in an adversarial process may become more contentious. The panel will discuss how to advocate civilly and effectively for clients during discovery, depositions, negotiations, court interactions, and communications with opposing counsel.
Description
Lawyers practice in settings where tension runs high, and parties' interests are most often directly opposed. Modern communication methods make it tempting and easy to respond quickly to a perceived slight or an unreasonable position. Incivility may develop quickly, particularly where counsel or the client believes that aggressive conduct provides an advantage.
Counsel must differentiate forceful advocacy from tactics that improperly embarrass, burden, delay, intimidate, or disrupt. Ethical and procedural rules guide an attorney's practices, conduct, as well as communications. Uncivil conduct may expose counsel or the client to sanctions and/or other repercussions by the court.
Lawyers must internalize best practices for managing communications, creating an appropriate record, establishing contact boundaries, and determining when judicial intervention becomes appropriate. Counsel must also address their own clients when they expect aggressive or forceful tactics that become improper or counterproductive.
Listen as our panel discusses civility in legal practice, the line between vigorous advocacy and improper conduct, and practical approaches for handling difficult counsel, clients, witnesses, and courtroom situations.
Presented By
Mr. Redgrave is one of the nation’s preeminent eDiscovery and Information Law attorneys. Recognized by Chambers as a “Star Individual” in eDiscovery and information governance and at the highest level in the Legal 500 rankings, peers and clients widely recognize Jonathan as a pioneer in developing and advancing the field. He represents Fortune 100 companies worldwide, and he is frequently sought out to address challenges involving discovery as well as information management strategies, especially with respect to complex litigation, novel technologies, and emerging issues. With extensive experience in high-stakes and bet the company litigation in both state and federal courts, Mr. Redgrave counsels clients with respect to pre-litigation concerns and solutions, develops practical litigation strategies, and represents both requesting and producing parties at the trial and appellate court levels. He also advises clients on cutting-edge issues in the Information Law field, including the intersection of AI/machine learning and legal requirements regarding information governance.
Judge Schmidt was appointed to the Minnesota Court of Appeals by Governor Walz in September 2023. Before he joined the court of appeals, his legal career included public service, private practice, clerking for two distinguished appellate jurists, and teaching appellate advocacy. As a Minnesota Court of Appeals Judge, he is committed to ensuring fairness and equal justice for all people.
Drawing on more than five decades of courtroom experience, Mr. Suplee regularly serves as a AAA mediator and arbitrator in a wide range of complex commercial disputes. A former Regent of the American College of Trial Lawyers and past President of the International Academy of Trial Lawyers, he has litigated a host of civil matters, including antitrust and RICO cases, commercial disputes, trademark and patent cases, insurance coverage litigation and product liability claims. Prior to joining Welsh & Recker, Mr. Suplee spent 56 years with Schnader Harrison Segal & Lewis, where he served as firm chair from 1992 to 1998. Mr. Suplee is also the lead co-author of The Deposition Handbook, a leading resource for attorneys and the definitive text on taking and defending depositions, the first edition of which was published in 1988 and the sixth edition of which was published last year. He has been listed in Best Lawyers for bet-the-company, commercial litigation, environmental litigation and intellectual property litigation; Chambers USA for commercial litigation; and the International Who’s Who of Commercial Litigation. Mr. Suplee is a past president of the University of Pennsylvania Law School’s Inn of Court and has frequently written on pretrial and trial practice and the legal profession throughout the course of his career.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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Live Online
On Demand
Date + Time
- event
Wednesday, November 11, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Civility and zealous advocacy: ethical and procedural limits
II. Communications and client demands
a. Email, texts, threats, personal attacks, and escalation
b. Counseling clients seeking aggressive tactics
III. Discovery and depositions
a. Handling scheduling, extensions, discovery disputes, and meet-and-confer obligations
b. Objections, witness treatment, and suspending/terminating the deposition
IV. Negotiations: hard bargaining, misrepresentation, harassment, and unnecessary burden
V. Courts, sanctions, and protecting the record
a. Courtroom conduct and interactions with judges
b. Preserving objections, seeking intervention, and avoiding sanctions
VI. Practitioner takeaways
The panel will review these and other key issues:
- Distinguishing zealous advocacy from offensive, abusive, or unnecessarily burdensome tactics
- Managing contentious emails, communications, client demands, and negotiations
- Avoiding and responding to incivility during discovery and depositions
- Responding to uncivil courtroom conduct, including sanctions and judicial intervention
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