Category Archives: Personal Injury

New Ethics CLE: Ethics & the SmallLaw Attorney 

Complying with the ethical rules can be a challenge for solo and small firm practitioners. Small firm and solo practitioners normally handle nearly all legal and business aspects of the firm, as they often serve as their own marketing, administration, billing and collections departments.

Ethics & the SmallLaw Attorney 

Small firm and solo attorneys are especially susceptible to ethics violations because they often handle all legal and business aspects of the firm.

In this CLE course, attorney Gary J. Ross provides a highly practical review of the main ethical issues faced by solo practitioners and attorneys in small firms. When you complete this course you will know the sources of ethics rules for attorneys, recognize the reasons SmallLaw attorneys tend to have more ethics violations, understand the most common ethical pitfalls and know how to properly operate your law practice in accordance with the ethics rules. To access the course please click here: Ethics and the Small Law Practitioner.

Key topics covered:

  • The Model Rules
  • Communications concerning a lawyer’s services
  • Using engagement letters
  • Establishing the lawyer-client relationship
  • Charging a reasonable fee
  • Retainers
  • Conflicts of interest
  • Taking on matters in a new area of law
  • Ending the lawyer-client relationship
  • Of counsel relationships
  • Sharing fees

Gary J. Ross founded Jackson Ross PLLC in 2013 to cater to the legal needs of the startup and venture capital community. Prior to founding Jackson Ross, Gary worked in the corporate transactions and securities practice groups in various large firms in various large cities and also managed to fit in a tour of duty with the Treasury Department.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about New York CLE in please click the following link: NY CLE.

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New CLE Course: Cell Phones, CDR Reports & GPS Tracking for Attorneys

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In 1984, the dystopian novel by George Orwell, due to constant surveillance Big Brother knew your every move. In our new digital world, your cell phone might as well be Big Brother – it knows everything you do! Because cell phones now track your every movement, cell phone forensics and cellular data analysis is now widely used in criminal and civil cases to place a person at a particular location based on the data produced by the cell phone.

Both civil and criminal must now be knowledgeable about cell phone data in order to effectively represent and advise their clients.

In this CLE course Robert Aguero, a cell phone forensics examiner, discusses how you can utilize data from cell phones and cell towers in your cases. Robert will address how CDR (Call Detail Reports) are used to track suspects, analyze several CDR reports, show you how to properly read and interpret CDR data & mistakes made by law enforcement in reading the data, discuss how phones can be tracked through the CDR report and detail how accurate or inaccurate that data can be. To access the course please click here: The Phone Knows All: Cell Phones, CDR Reports & GPS Tracking for Attorneys.

Additional topics discussed:

  • How cell phone calls are made
  • MVNOs
  • What cell towers look like
  • The information that is available
  • Using your CDR data
  • Data & mobility usage
  • LTE data

Robert has been licensed as a private investigator in the State of California for 17 years. A former police officer and detective, he provides an unbiased, independent analysis of the data on cell phones and GPS units.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE Course on Evidence & Hearsay at Trial: Advocacy and Artistry in the Courtroom

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Do you know that attorneys have a super power? Attorneys have the super ability to turn information into evidence. From motions in limine to cross examination, your ability to turn information into admissible evidence (or have important evidence excluded) will have the greatest impact on your client’s success at trial.

While the definition of evidence may seem straightforward, preparing and presenting evidence can be extremely tricky…. even for seasoned legal practitioners.

In this CLE course, the honorable Michael B. Orfield (ret.) provides his unique perspective spent from his years on the bench to help you hone your super power of turning information into admissible evidence. The main evidentiary topics addressed include motions in limine, demonstrative evidence, jury notebooks, mini opening statements, relevant vs. unduly prejudicial evidence, direct & cross examination, refreshing the recollection of a witness, rebuttal & impeachment and hearsay evidence. While this course refers to the evidence code of California, numerous practice points will be introduced and discussed that can be deployed by legal practitioners around the country. To access the course please click here: Evidence: Advocacy and Artistry in the Courtroom.

Further topics discussed in this CLE course include:

  • Knowing your court & judge
  • Leading lay witnesses on direct & cross
  • Coaching witnesses
  • Witness credibility
  • Non verbal statements
  • Silence as a statement
  • Evidence offered for the truth of the matter asserted

The Honorable Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge and he now serves as a mediator and arbitrator with Agreement.com. The Honorable Harry Elias has been a Superior Court Judge for the County of San Diego for over twenty years. Judge Elias presides over both juvenile and criminal cases.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course: What Non-Insurance Attorneys Should Know About Insurance Coverage

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Insurance can be an extremely important source of funding for the defense of any lawsuit and the payment of any judgment or settlement for many different causes of action. The failure to recognize when insurance coverage applies and how coverage is triggered can adversely affect your clients and can easily lead to a malpractice lawsuit.

Insurance Coverage

Failing to recognize when and how insurance coverage applies can adversely affect your client’s case and lead to a malpractice lawsuit.

In this CLE course Jared De Jong and Timothy Heggem of Payne & Fears discuss the key points that you need to know in order to preserve potential insurance benefits available to their clients. Jared and Timothy discuss the types of insurance that provide coverage and how to identify them, the types of events that trigger coverage, how to maximize the likelihood of triggering coverage, what to do if the insurer fails to provide coverage, how to best proceed if the insurer imposes unreasonable limitations on the defense it provides, and the steps to take if the insurer and insured disagree about settlement. To access the course please click here: What Every Litigator Should Know About Insurance Coverage.

Additional topics discussed include:

  • “Claims made” nightmares
  • Sources of policy information
  • Commercial general liability policies
  • How to trigger the duty to defend
  • The compliant
  • Denial & delay of coverage
  • How to proceed if the insurer refuses to pay defense counsel’s full billing rates
  • The insurer’s right to settle
  • What to do if the insurer is not defending the suit

Jared De Jong is an associate at Payne & Fears LLP working in the Insurance Coverage Group. Timothy Heggem is an associate in the Insurance Coverage Group at Payne & Fears LLP.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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New CLE Course on Taking the PMQ Deposition

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The person most qualified (“PMQ”) deposition is a powerful discovery tool or – or a headache of a lifetime – depending what side of the litigation you’re sitting on. Whether you are pursuing remedies against a business entity or defending a corporation, how you plan and prepare for the PMQ deposition will have a significant effect on the success you achieve for your client.

With all of the possible traps, do you know how to effectively take, defend, and prepare for the person most qualified  (PMQ) deposition?

Deposing the “person most qualified” is drastically different than the standard lay witness deposition.  In our latest CLE course, veteran civil litigator Roy Comer provides practical tips and sound advice for your next PMQ deposition. When you complete this course you will know how to: indentify what makes a person most qualified, prepare the PMQ notice, respond & object to the notice, select the PMQ witness, prepare the PMQ witness & testimony, take the deposition, spot common traps and defend the PMQ deposition.  To access the courses please click here: A Better Deposition: Person Most Qualified (PMQ) Depositions.

Since party admissions are admissible against the company or entity, PMQ depositions can produce valuable testimony that can greatly aid at settlement or sway the jury at trial.

For over 30 years Roy L. Comer has been dedicated to handling damage cases, including catastrophic personal injury and wrongful death cases arising from automobile, truck, motorcycle, medical negligence, defective products, and dangerous premises claims.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE on Voir Google & the Ethics of Jury Selection

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When we try a case, our goal as lawyers is to get an impartial jury. But in reality, anybody who has struck a jury knows this is no easy task. During voir dire we must investigate jurors to uncover potential bias to ensure that the jury will be as fair as possible. And our investigation of jurors and jury system itself is changing rapidly because of social media and the law related to social media.

Will the impartial jury be able to exist in the age of Facebook, Instagram, LinkedIn and other social media websites and apps?

In this CLE course, trial attorney Sharon Stuart presents a thoughtful and timely discussion on ethical considerations in jury selection in our new world of social media. The main topics addressed include voir google, ethically investigating jurors online, your ethical obligations relating to juror misconduct, your ethical obligations to disclose juror relationships, medical privacy & voir dire and your ethical obligations in post-trial juror interviews.  To access the course please click here: Ethics in Jury Selection.

Additional issues covered in this course:

  • Social media use by jurors
  • The benefits of using social media in jury selection
  • The ethical duty to investigate
  • ABA Model Rule 1.1 – Competence
  • Comment to ABA Model Rule 1.1
  • ABA Model Rule 1.3
  • The NYSBA Social Media Guidelines
  • ABA Model Rule 3.5
  • Ethical limitations on juror investigation
  • Best practices when conducing social media research
  • Crossing the ethical line
  • Decorum to the tribunal
  • United States v. Daugerdas
  • Safeguards for jurors’ medical privacy
  • Post trial contact with jurors

Based in Birmingham, Alabama, Sharon Stuart devotes her practice to civil trial work and arbitration. She focuses on complex commercial and insurance litigation, and she handles a variety of pharmaceutical and medical device products liability litigation as national, regional or local counsel. Her trial experience includes a wide range of business tort claims, contract disputes, commercial and insurance fraud and bad faith suits, and wrongful death cases. She has defended dozens of class action lawsuits in areas as diverse as product liability/toxic tort, financial products, insurance and employment law.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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Bias Considerations With Juries: Voir Dire & Beyond

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The jury is one of the greatest concerns trial attorneys have when approaching trial. Millions of dollars and thousands of hours are spent analyzing the potential result from the 12 people in that little wooden box. And from voir dire to deliberations, the social biases of the jurors will have a huge impact on the end result of the case and the verdict rendered.

Bias in the Jury Box

While jurors are told that they must only base their decision on the facts and evidence, there is much more that goes into their ultimate decisions about the case, the parties and attorneys involved in the case.

In this course, attorney Joel Selik presents a lively discussion on common social bias considerations with juries at voir dire, trial and deliberations. Mr. Selik mainly addresses the following subjects: why we have to identify biases for jury trials, the types of biases exhibited by jurors, social biases & juries, decision-making, belief & behavioral bases in jurors, memory errors & biases in jurors. Mr. Selik also discusses methods of determining juror bias and common biases such as tort reform bias. To access the course please click here: Bias Considerations With Juries: Voir Dire & Beyond.

The types of biases discussed in this CLE course:

  • Social bias
  • Fundamental attribution error
  • Illusory superiority
  • Ingroup bias
  • Trait ascription bias
  • Defensive attribution hypothesis
  • Anchoring bias
  • Attentional bias
  • Availability heuristic
  • Belief bias
  • Cheerleader effect
  • Regressive bias
  • Memory bias
  • Confirmation bias
  • Hindsight bias

Joel G. Selik is a member of both the California and Nevada State Bars. His practice primarily focuses on Litigation and Tax. In Tax, Mr. Selik assists taxpayers, businesses and individuals with solutions to problems with the IRS. In his litigation practice Mr. Selik is well known for his Medical Malpractice and Nursing Home cases. Mr. Selik is a Member of both the California & Nevada State Bars, the San Diego County & North County Bar Association as well as the Nevada Trial Lawyers Association and Consumer Attorneys of San Diego (CASD). Mr. Selik has given many CLE seminars on Estate Planning, Nursing Home Litigation and other legal topics and was an Adjunct Professor of Law at a local law school.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Ne York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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CLE Course: The Practical Application of the ADA

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The Americans with Disabilities Act (ADA) is a Federal civil rights law designed to ensure equal access, full inclusion and participation for people with disabilities or impairments. This equal opportunity law gives people with disabilities the right to file lawsuits in Federal court and obtain Federal court orders to stop violations of the statute. Since it is estimated that more than 50 million Americans have disabilities, this law can create major headaches and lawsuits for businesses when it comes to complying with the mandates of the statute and avoiding ADA related lawsuits.

The Americans with Disabilities Act (ADA)

  • The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities such as going to see the new Star Wars movie, buying apples at the store, enjoying a steak at Sizzler, taking a dip at the Motel 8 pool or exercising at 24 Hour Fitness.

To learn about how businesses can best achieve compliance with the ADA join Dr. William Henry as he discusses the practical applications of the statute. The main topics discussed include the principle elements of the ADA, practical points for businesses to comply with the requirements of the statute, the ADA as a basis for Personal Injury claims and the forensic architect’s role in litigation. To access this course please click here: The Americans with Disabilities Act: A Practical Application.

Further issues discussed in this CLE course include:

  • Protected classes
  • Title II Public Services
  • Title III public accommodations in private facilities
  • Prioritizing cures
  • Accessible routes
  • Resolving accessibility issues
  • The reality of the ADA today
  • Using the right expert
  • ADA “testers”
  • Defending an ADA suit
  • The defense strategy
  • Buildings completed prior to 1991
  • Personal injury – the unintended grounds
  • Cutting your losses
  • Code violations in Personal Injury cases
  • A forensic architect’s role in premises liability claim
  • Steps to determining premises liability
  • Constructing a timeline
  • Applying code applicability
  • Assessing causality in premises liability claims
  • Depositions & trial testimony
  • The invisible parking lot drop off
  • How to block an access route and the Daubert rules

William Henry, Ph.D., NCARB, is a practicing Florida Architect and the managing member of RGA Design based in Tampa, Florida. Accredited by the National Council of Architectural Registration Boards (NCARB), Dr. Henry also offers his expertise in legal matters relating to design and construction claims. During his 30 year career he has been the architect of record for over 1,000 buildings. Dr. Henry is regularly retained as an expert in personal injury cases, often arising from slip/trip and fall accidents, American Disabilities Act violations, wrongful death & injuries stemming from non-code compliant facilities, Contractor/Architect/Owner disputes and land use regulatory relief. He combines the experience of a professional practitioner and public official with an in-house and contracted team of employees dedicated to investigative research.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course on Understanding the Psychology of the Jury to Conduct a Successful Voir Dire

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Jury selection is one aspect of trial practice that seems to strike fear into the hearts of many attorneys. For many reasons, voir dire is often an anxiety-provoking situation for both the attorney and potential juror. One of the golden rules we all learn in law school is not to ask questions we don’t already know the answer to – especially during cross-examination. Well, in jury selection this rule does not apply. You don’t have any idea what anyone might say at any given time and this uncertainty creates a lot of anxiety and concern for many attorneys.

Most trial attorneys will agree that voir dire is one of the most important events in any given trial – and probably one of the most stressful.

In this course trial consultant Bryan C. Edelman, Ph.D., uses his background in social psychology and the law to offer you a glimpse into the mind of the jury so that you conduct a more effective voir dire. Dr. Edelman demystifies the jury selection process by analyzing the courtroom experience from the perspective of the juror, providing tips & strategies for conducting a successful voir dire and teaching attorneys how to score jurors on important attributes so that they may more efficiently exercise peremptory challenges and select a jury. To access the course please click here: Psychology of the Jury: Conducting a Successful Voir Dire.

Further topics of discussion in this CLE course:

  • The story model
  • Filters of human perception
  • Personal experiences & jury deliberation
  • Disconfirmation bias
  • Obstacles to a successful voir dire
  • Social pressure in the courtroom
  • Comments from silent jurors
  • Voir dire tactics
  • Getting quiet jurors to talk
  • Asking questions
  • Identifying the pseudo-expert
  • The minimization effect in high profile cases
  • Sculpting your audience
  • Leadership
  • Developing a scoring system
  • The wish list
  • The strike list
  • The scoring chart
  • The final review of your challenge decision

The co-founder of Trial Innovations, Bryan C. Edelman, Ph.D., began working as a trial consultant in 1998 and he has worked on numerous criminal and civil cases. As a consultant, he applies his training in social psychology, persuasion, group dynamics and social cognition to the courtroom. His particular area of expertise is in complex litigation where jurors are most likely to rely on their prior attitudes, life experiences and heuristics to process evidence and reach conclusions. Dr. Edelman has served as a presenter at national and international conferences and has published a book on the impact of race and empathy on sentencing in capital cases and articles on the influence of graphic images on perceptions of liability and damages.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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Dog Bite Law CLE Course: Canine Aggression from the Expert’s Perspective

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Aggression is the most common canine behavior problem referred to veterinary … deep bite and thrash? Going for face? How many people has the dog bitten? Because of this aggression in dogs, the Center for Disease Control (CDC) estimates that roughly 4.5 million people are bitten each year – accounting for a third of all homeowners’ insurance claims each year. In addition to civil liability, dog owners can face jail time if their dog attacks another person under city, county and state laws, and dogs are often euthanized due to their aggression.

Dog bites can cause serious physical problems or disfigurement and can also be emotionally traumatizing. The behavior, training and disposition of the dog are often key aspects of the case when it comes to damages, criminal liability and the decision to euthanize the dog. Understanding canine aggression is the key to understanding dog bite law and getting the best results for your clients.

Presented by Dr. Rolan Tripp, this CLE course is designed to help lawyers assess canine aggression in dog bite cases in order to better represent the injured victim or the owner of the dog. A veterinary behavior consultant, Dr. Tripp mainly discusses dog bite statistics, breed specifics & legislation, the veterinarian’s perspective, why dogs bite, diagnosing aggression and euthanization criteria. To access this course please click here: Dog Bite Law: Canine Aggression from the Expert’s Perspective.

Further topics covered in this canine aggression course:

  • Dog bite financials
  • The dog bite severity scale
  • Examples of pathophysiological (medical) contribution to canine aggression
  • Injury to human faces
  • Criminal penalties
  • Preventing dog aggression
  • 5 components of canine personality
  • 20 common aggression diagnosis
  • 10 aggression threshold influencers
  • Degree of damage potential
  • Family factors
  • Targets of aggression
  • The complexity of these cases
  • Degrees of prognosis

Currently Chief Behaviorist at Hannah the Pet Society in Portland, Oregon, Dr. Rolan Tripp received his doctorate from UC Davis veterinary school. He has been the featured speaker in Tokyo, Japan, presented a paper at the International Conference on Behavioral Medicine in Birmingham, England, and lectured on animal behavior at the Smithsonian Institution in Washington D.C. A regular guest on the Animal Planet Network, Dr. Tripp appears on both “Petsburgh, USA,” and, “Good Dog U,” Dr. Tripp also frequently serves as an expert witness in personal injury cases involving dog bites. He has published more than 40 articles in the Veterinary Literature and is often called on to analyze canine behavior and tendencies through trial testimony, legal reports and consulting for attorneys, judges, lawyers and law firms in lawsuits, court trials, arbitration, forensic and legal matters.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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