Live Chat with a CLE Manager
Continuing Legal Education courses for Attorneys
Online CLE courses, cle courses, cle state bar courses
You are viewing courses for California. Select a Different State.
View CA Accreditation Info

38th Annual Civil Trial Practice Institute: Day 2, The Trial

Available In:
Total Credits
Incl. 1 Ethics
CDs/DVDs Only
This course is only available in CD/DVD format.
As always, we can overnight
your order within the same day.
Most of our courses are also available for online streaming. Browse for more courses


Program Chair Robert Kelner, Kelner & Kelner and Co-chair Emeritus Hon. Robert Lippman (Ret.), have brought together an extraordinary faculty of judges, experienced litigators, academics and medical experts for the 38th Annual Civil Trial Practice Institute. The program will take attendees through the entire state civil trial process. You will learn ways to develop and improve trial preparation and litigation techniques within the context of personal injury and commercial cases. This program will serve as an excellent refresher for more experienced practitioners.

Topics Include:

  • Civil Pre-Trial Practice: Commercial Litigation & Personal Injury Litigation
  • Preparation of Plaintiffs and Defendants
  • Conference and Settlement – Personal Injury Litigation
  • Courtroom Techniques: Dealing with Expert Testimony and Hearsay
  • Ethical Issues for Litigators
  • Dealing With Evidentiary Problems During Trial
  • How to Conduct a Voir Dire, With Demonstration
  • Preparation of Opening Statements
  • Direct and Cross Examination of Lay and Expert Witnesses, With Demonstration
  • Preparation of Summations

Lecturer Bios

Tracee Davis

Tracee E. Davis is a senior associate in the commercial litigation group at Zeichner Ellman & Krause LLP. At ZEK, Ms. Davis handles both federal and state court cases involving matters ranging in complexity: from commercial business disputes to consumer and lender’s liability class actions to disputes involving complex structured refinancing transactions. She is a graduate of Montclair State College and of American University, Washington College of Law, where she earned her law degree. Prior to joining Zeichner Ellman & Krause LLP, Ms. Davis served as the Principal Court Attorney to Justice Charles E. Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years with Justice Ramos, Ms. Davis assisted in managing the resolution of more than 400 complex commercial cases. She researched and wrote court opinions, many of which were published, and negotiated case settlements on panoply of business and commercial issues. Some of the cases she handled included consumer fraud class actions, unfair competition and employment contract disputes, and conflicts arising from private investment/financial arrangements. She also served an Adjunct Professor of Law at New York Law School. Ms. Davis lectured at Education Unlimited for several years to real estate salespersons on the laws regulating commercial and residential real estate transactions. Ms. Davis is currently a Delegate to the New York State Bar Association’s House of Delegates, the immediate past Secretary of the New York State Bar Association’s Commercial and Federal Litigation Section and since 2001 has been a member of the Section’s Executive Committee. She also served as Co-Chair of the Section’s State Court Counsel Committee. Ms. Davis is also a member of the Association of the City Bar of the City of New York and member of the Association’s State Court of Superior Jurisdiction Committee. In 2004, she was also appointed Director of the Independent Judicial Screening Panel, New York County Democratic Party (Civil Court 2004) to oversee the merit-based screening and selection process for reviewing applications and identifying qualified candidates. Ms. Davis has chaired or served as a faculty member of a number of programs for the NYSBA, the Association of the City Bar, the New York County Lawyers’ Association, and the Anti-Bias Committee of the New York State Supreme Court, New York County.

Richard L. Spinogatti, Esq.

Richard Spinogatti is a senior counsel in the Litigation Department. Rich has more than 40 years of experience in federal and state courts in New York and other jurisdictions across the nation. In addition to litigating, trying cases, and arguing appeals at all levels, he has advised national and international clients in connection with internal investigations and represented them in civil and criminal investigations, in administrative proceedings before federal, state and local government agencies, and before industry regulatory organizations. Through his extensive representation of international, national, regional and local accounting firms, Rich has developed a broad knowledge of accounting, auditing and related professional services, and the complex regulatory structure governing the accounting profession. Rich is frequently called upon to consult with accountants and other professionals in pre-litigation contexts to avoid or minimize exposure risks. He has lectured and taught seminars for partners and employees of accounting firms on subjects ranging from accountants' liability to litigation support. Rich also has represented issuers, purchasers and sellers in litigation relating to securities transactions, major law firms in malpractice litigation, a major defense contractor, several large manufacturing companies, investment banking organizations and other financial institutions, as well as numerous corporate officers and directors. Rich has tried numerous civil and criminal cases involving complex commercial transactions, including a broad spectrum of alleged violations of federal and state securities laws, consumer protection statutes, and the accountancy laws in various jurisdictions, as well as common law claims. Rich is a frequent author of published articles relating to the securities laws, corporate governance and the accounting profession. He is the author of The Liability of Accountants to Non-Clients For Professional Malpractice, published by the Bureau of National Affairs.

Richard T. Farrell

Professor Farrell, a member of the faculty since 1964, is a leading authority on the New York Civil Practice Law and Rules. He is the author of the latest edition of the preeminent New York evidence treatise Prince, Richardson on Evidence (11th ed. 1995; 2005 Supplement). He is also a frequent lecturer across the state for bar association and trial lawyers programs speaking on developments in the law of evidence and civil procedure. Professor Farrell has argued numerous appeals before the United States Supreme Court and New York's highest court, and was formerly the Reporter for the New York Pattern Jury Instructions Committee. He also served as a Law Clerk to Judge John Scileppi of the New York State Court of Appeals.

Jay G. Safer, Esq.

Partner Jay G. Safer is a partner in Locke Lord Bissell & Liddell's New York office and has experience handling complex litigation and arbitration in the United States and abroad. He represents clients in matters concerning contracts, antitrust, securities, RICO, banking, qui tam, international litigation and arbitration, including application of the New York Convention and enforcement of foreign judgments and arbitration awards, insurance, construction, real estate, employment, media, product liability, health care, professional ethics, financial, constitutional and regulatory issues. He also counsels clients on commercial matters, including protection and preventive measures, creation of risk litigation plans, pre-litigation analysis, e-discovery, e-readiness, esignature/ e-sign, document retention policies, and electronic records. Jay was appointed to serve on the Planning Committee for the Judicial Conference of the U.S. Court of Appeals for the Second Circuit, which he attended with the Judges of the Second Circuit. Jay was appointed by Chief Judge Judith S. Kaye to serve on a Special Commission on the Future of the New York State Courts. The Commission is composed of lawyers, civic leaders, government and private sector representatives, academicians, and sitting and former trial and appellate court judges. The Commission's charge is to redesign the state's trial court structure. Jay is the Past Chair of the 2,000 member Federal & Commercial Litigation Section of the New York State Bar Association and is the Co-Chair of its Federal Judiciary Committee. Jay has served as a lecturer on panels and a member of committees with judges and attorneys discussing a wide range of civil litigation issues, international arbitration and litigation skills, including cross examination for the National Institute for Trial Advocacy, professional ethics, ediscovery, e-signature and e-records. Jay is a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) and The Sedona Conference Working Group on International Electronic Information Management, Discovery and Disclosure (WG6). Jay is a member of the Advisory Board of the Institute for Transnational Arbitration (ITA). Education Columbia University,J.D., 1971 Vanderbilt University, B.A., 1968 Bar Admissions New York, 1972 Courts u.s. Supreme Court New York State Court U.S. Court of Appeals (2nd Circuit) U.S. Court of Appeals (3rd Circuit) U.S. Court of Appeals (11 th Circuit) U.S. District Court, S.D. New York U.S. District Court, E.D. New York U.S. District Court, N.D. New York U.S. District Court, N.D. Illinois U.S. District Court, Connecticut

Harold Lee Schwab

Mr. Schwab has tried more than one hundred product liability and major damage cases of all types to a verdict throughout the State of New York and in other jurisdictions. He has tried to a successful defense verdict cases involving claims of defective automobiles, motorcycles, recreational vehicles, childseats, industrial machinery and equipment, cranes, electrical equipment, home products, nuclear plant design and vessel design. He has acted as national coordinating counsel on various product lines for leading manufacturers. Mr. Schwab is listed in numerous peer-reviewed publications, has given more than one hundred lectures on trial techniques and products liability, and has authored numerous articles on evidence, product liability and product liability prevention.

Robert Kelner, Esq.

Mr. Kelner graduated from Columbia University School of Law, and is a member of the Bar of the State of New York. He is admitted to the United States District Court, Southern and Eastern Districts. Currently, Mr. Kelner is a member of the law firm Kelner & Kelner, Esqs., specializing in the practice of personal injury, medical malpractice and products liability law. He has obtained many verdicts in excess of $10,000,000, including one verdict of approximately $23,000,000 (Martin v. Dellwood) and one verdict in excess of $36,000,000 (Driscoll v. New York City Transit Authority). Mr. Kelner has lectured before virtually all major bar associations in Continuing Legal Education Programs, including, but not limited to, the New York State Bar Association, New York State Trial Lawyers Association, Association of the Bar of the City of New York, and the New York County Lawyers’ Association, where he is Co-chair of the annual Civil Trial Practice Institute. In addition, he lectured at Princeton University and Columbia University School of Law. Mr. Kelner is the author of numerous publications and serves as co-columnist of the New York Law Journal’s monthly column on Trial Practice.

Robert J. Conway

Mr. Conway received a B.A. degree from Fordham University and a J.D. degree from Albany Law School Union University. He is currently a partner in Marshall Conway & Wright, PC, one of the leading insurance defense firms in New York and New Jersey. He is admitted to the Bar in New York State, as well as admitted to practice in the U.S. District Court, Southern and Eastern Districts of New York. Mr. Conway is a member of the American Bar Association, Tort and Insurance Practice Section; Defense Research Institute; New York State Bar Association, Insurance Negligence and Compensation Section; New York County Lawyers’ Association; Nassau County Bar Association; American Arbitration Association; and Defense Association of New York (DANY).

Lewis Tesser, Esq.

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.

Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.

Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY.

David Jaroslawicz

David Jaroslawicz, the principal partner of Jaroslawicz & Jaros, is a member of the New York, Florida and California bar. He has been in practice for over 34 years and has secured tens of millions of dollars on behalf of his clients during this time. Mr. Jaroslawicz has handled both trials and appeals and has argued before the United States Supreme Court, the New York State Court of Appeals, the United States Court of Appeals for the Second, Ninth, and Tenth Circuit, as well as the Florida Supreme Court. Mr. Jaroslawicz has represented countless clients involved in commercial litigation; contract disputes; real estate litigation; sexual discrimination and harassment, sexual abuse by priests, medical malpractice; product liability cases such as defective medical products, pharmaceuticals, bicycle or motorcycle helmets, industrial machinery, tires, hospital equipment, and defective automobiles, among others. His contributions to the practice of law have helped shape New York and New Jersey common law. In fact, Mr. Jaroslawicz was among the legal pioneers who developed the “concerted action” theory that was utilized against drug manufacturer Eli Lilly Pharmaceuticals, who had manufactured and sold DES, a drug that caused cancer in children decades after their mothers had ingested the drugs while pregnant. (link to Eli Lilly case and other notable cases). In addition to his work in the personal injury field, Mr. Jaroslawicz has also handled several class-action consumer fraud lawsuits as well as lawsuits on behalf of stock holders who have suffered severe financial losses as a result of securities fraud during the dot-com downfall. Due to his expertise, Mr. Jaroslawicz had been invited to lecture on numerous occasions on behalf of lawyer groups such as the New York Trial Lawyers Association.

Clifford Aaron

Clifford Aaron has been a litigator in New York State for over 25 years. He began his career as an Assistant District Attorney in the Bronx County District Attorney’s office, where he tried over 30 felony cases to verdict. He is currently a partner in the downtown personal injury firm of London Fischer LLP, where he specializes in insurance defense litigation, general liability, vicarious liability, and automotive products liability, catastrophic injury, and complex commercial litigation. His clients include some of the largest automotive manufacturers in the world, and he has tried numerous personal injury lawsuits to verdict both in state and federal court throughout New York State. He has been an adjunct professor of law at New York Law School, and is the former treasurer of the Products Liability Subcommittee of the Tort Division of the New York County Lawyers’ Association. He is a member, NYS and American Bar Associations, Defense Research Institute and NYCLA. Mr. Aaron is admitted to the bar in New York, U.S. District Courts for the Southern, Eastern and Western Districts of New York and Tennessee. He received his B.A. degree from Franklin & marshall College and J.D. degree from Villanova University.

Hon. Richard F. Braun

Richard Braun is a justice for the New York County Supreme Court, Civil Term in the 1st Judicial District of New York. He was elected to this position in 2004, after serving as an acting justice from 1997. His current term expires in 2017.

Hon. Michael D. Stallman

Acting Justice, Supreme Court, New York County, Appointed by Chief Administrative Judge Jonathan Lippman, 1999 to Present Judge, Civil Court of the City of New York, New York County, Elected, 1987 to 1996; Re-elected, 1997 to 2006, 2007 to 2016 Judge, Civil Court of the City of New York, Appointed by Mayor Edward I. Koch, 1986 to 1986

Hon. George Silver

Justice, Supreme Court, New York County, Civil Term, Elected, 2013 to 2027. Acting Justice, Supreme Court, New York County, Civil Term, Appointed, 2010 to 2012. Judge, Civil Court of the City of New York, Kings County, Elected, 2005 to 2012

Hon. Ariel E. Belen

Hon. Ariel E. Belen (Ret.) was an Associate Justice of the Appellate Division, Second Department since 2008 and has served as a Justice of the New York Supreme Court trial and appellate terms since 1995. Justice Belen helped create the Commercial Division in Kings County and then presided as a Justice handling complex commercial cases from 2002 to 2005. Over the course of nearly 18 years of distinguished judicial service, he developed a reputation as a calm, intelligent, fair, and hardworking jurist. He presided over countless matters covering the gamut of civil litigation from administrative to zoning law. A prolific writer, Justice Belen co-authored New York Trial Notebook, a comprehensive trial practice treatise. He was an instructor for many years at the New York State Judicial Institute where he taught all newly appointed or elected New York judges in the art of judging.

Hon. Saliann Scarpulla

Justice, Supreme Court, New York County, Elected, 2013 to 2026 Acting Justice, Supreme Court, New York County, Appointed by Chief Administrative Judge Ann Pfau, 2009 to 2012 Judge, Civil Court of the City of New York, New York County, Elected, 2002 to 2011; Re-elected, 2012 to 2012

National Academy of Continuing Legal Education is an accredited provider in California, Provider #11481. Attorneys can earn all 25 hours with the National Academy of Continuing Legal Education. To view further accreditation details, please click here.

States where Offers CLE Courses On DVDs, Audio CDs, Online & iOS/Android App (Continuing Legal Education):
Alaska CLE | Arizona CLE | California MCLE | Colorado CLE | Connecticut CLE | Washington DC CLE | Delaware CLE | Florida CLE | Georgia CLE | Hawaii CLE | Iowa CLE | Idaho CLE | Illinois MCLE | Indiana CLE | Kentucky CLE | Louisiana CLE | Massachusetts CLE | Maryland CLE | Michigan CLE | Missouri CLE | Mississippi CLE | North Dakota CLE | Nebraska CLE | New Hampshire CLE | New Jersey CLE | New Mexico CLE | Nevada CLE | New York CLE | Ohio CLE | Oregon CLE | Pennsylvania CLE | Rhode Island CLE | South Dakota CLE | Tennessee CLE | Texas CLE | Utah CLE | Virginia CLE | Virgin Islands CLE | Washington CLE | Wisconsin CLE | West Virginia CLE | Wyoming CLE | Online CLE Courses | Live CLE Calendar | NY BTG CLE | Teach at the Academy | F.A.Q. Hardship Policy | Terms And Conditions | Contact Us | iOS/Android App | Account Login | Unlimited CLE | Sitemap | Mobile Site
Copyright © 2000 - 2018 National Academy of Continuing Legal Education. All Rights Reserved.