Andrew J. Smiley

Andrew_Smiley_Headshot-1

Partner

Phone:
866-764-5395 (866-SMILEYLAW)
212-986-2022
Fax:
212-697-4689

Areas of Practice

  • Personal Injury
  • Medical Malpractice
  • Wrongful Death

Professional

  • Smiley & Smiley, LLP
    • Managing Partner & Senior Trial Attorney, January 2001 - present
    • Associate, June 1996 - December 2000
    • Law Clerk, September 1993 - June 1996
    • Major verdicts and settlements in plaintiffs' personal injury,
      medical malpractice and wrongful death litigation
  • Adjunct Clinical Instructor of Law - Brooklyn Law School, Trial Advocacy Program (1998- 2004)
  • The Mentor Esq. Podcast – A Podcast for Lawyers • Founder & Host (2019 – Present)

Bar Admissions

  • New York State Courts, 1997
  • U.S. District Court Eastern District of New York, 1997
  • U.S. District Court Southern District of New York, 1997
  • U.S. District Court Northern District of New York, 1997
  • U.S. District Court District of Vermont, 1999
  • U.S. Supreme Court, 2003

Education

  • Brooklyn Law School, Brooklyn, New York
    • Moot Court Honor Society - Vice President/Executive Board (Chair of Trial Division)
    • Moot Court Honor Society - Competitor - National Appellate Trademark Competition
    • Moot Court Honor Society – Coach, National Trial Team – Regional Champions
    • CALI Excellence For The Future Award - Advanced Legal Research
    • Honors: Judge Edward and Doris A. Thompson Award for Excellence in Trial Advocacy
  • Tulane University
    • B.A. - 1993
    • Honors: Honors
    • Major: Psychology

Honors and Awards

  • New York Super Lawyer, 2010 - 2023
  • Top Attorneys in New York Metro Area, 2010 - 2019
  • Top 100 Trial Lawyers, 2011 - 2019

Organizations/Affiliations:

  • New York State Academy of Trial Lawyers
    • Immediate Past President (May 2018 - May 2019)
    • President (May 2017 - May 2018)
    • President Elect (April 2016 - May 2017)
    • Vice President – 1st Dept (July 2013 – April 2016)
    • Board of Directors (2013- present)
    • Judicial Screening Committee (2013 - Present)
    • Executive Committee (May 2019 – present)
    • Master CLE Instructor (2020 – present)
    • CLE Instructor (2013 – present)
  • New York City Trial Lawyers Alliance
    • Chairman of Board of Governors (July 2017 – July 2019)
    • President (July 2015 – July 2017)
    • Vice President (June 2013 – July 2015)
    • Treasurer (June 2011 – June 2013)
    • Secretary (June 2009- June 2011)
    • Board of Directors (2000 - Present)
  • Judicial Screening Committee, Kings County Democratic Party (2013)
  • New York State Trial Lawyers Association
  • New York State Bar Association
  • Brooklyn Bar Association
    • Medical Malpractice Committee
    • Supreme Courts Committee
  • The American Association For Justice
  • American Bar Association
  • Brooklyn Law School Alumni Association
  • National Order of Barristers
  • Porsche Club of America (Connecticut Valley Region)
  • Porsche Sim Racing League
  • Sports Car Driving Association (SCDA)
  • Just Hands Racing Foundation – Board of Directors

Publications

  • Smiley, Andrew J. How to Successfully Litigate a Personal Injury Case – A Practical Guide (2022, The Mentor Esq. Handbook Series – Available on Amazon) 

Continuing Legal Education (CLE) Presentations

  • How to Litigate a Medical Malpractice Case – Part 4: Discovery & Depositions, New York State Academy of Trial Lawyers, April 4, 2023
  • How to Litigate a Medical Malpractice Case – Part 3: Commencing the Action, New York State Academy of Trial Lawyers, February 28, 2023
  • How to Litigate a Medical Malpractice Case – Part 2: Expert Selection, New York State Academy of Trial Lawyers, February 1, 2023
  • How to Litigate a Medical Malpractice Case – Part 1: The Initial Screening, New York State Academy of Trial Lawyers, January 4, 2023
  • How to Litigate a Construction Accident Case – Part 4: Motion Practice, New York State Academy of Trial Lawyers, December 7, 2022
  • Preparing for Depositions: Best Practices for Asking and Answering Questions, Office of The NYS Attorney General, 2022 Legislature Program, December 6, 2022
  • How to Litigate a Construction Accident Case – Part 3: Depositions, New York State Academy of Trial Lawyers, November 2, 2022
  • How to Litigate a Construction Accident Case – Part 2: Commencing The Action, New York State Academy of Trial Lawyers, October 3, 2022
  • Trial Series: Part 2 - Opening Statement Webinar, Queens County Bar Association, September 22, 2022
  • How to Litigate a Construction Accident Case – Part 1: An Overview of New York Labor Law, New York State Academy of Trial Lawyers, September 7, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 6: The Trial, New York State Academy of Trial Lawyers, July 6, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 5: Mediation and Settlement, New York State Academy of Trial Lawyers, June 2, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 4: Expert Depositions, New York State Academy of Trial Lawyers, May 4, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 3: Liability and Damages Experts, New York State Academy of Trial Lawyers, April 6, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 2: Commencing the Action, New York State Academy of Trial Lawyers, March 2, 2022
  • How to Litigate a Catastrophic Automobile Accident Case – Part 1: The Investigation, New York State Academy of Trial Lawyers, February 4, 2022
  • Anatomy of a Trial, a Trial Skills Series – Part 5: Summations, New York State Academy of Trial Lawyers, January 5, 2022
  • Anatomy of a Trial, a Trial Skills Series – Part 4: Cross-Examination, New York State Academy of Trial Lawyers, December 1, 2021
  • Anatomy of a Trial, a Trial Skills Series – Part 3: Direct Examination, New York State Academy of Trial Lawyers, November 3, 2021
  • Anatomy of a Trial, a Trial Skills Series – Part 2: Opening Statements, New York State Academy of Trial Lawyers, October 6, 2021
  • Anatomy of a Trial, a Trial Skills Series – Part 1: Jury Selection, New York State Academy of Trial Lawyers, September 10, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 7: It’s a Wrap!, New York State Academy of Trial Lawyers, July 7, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 6: The Trial, New York State Academy of Trial Lawyers, June 2, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 5:Pre-Trial Disclosures and Gearing up for Trial, New York State Academy of Trial Lawyers, May 5, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 4: Depositions, New York State Academy of Trial Lawyers, April 7, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 3: Your Adversary, the Preliminary Conference and Initial Discovery, New York State Academy of Trial Lawyers, March 3, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 2: Early Settlement, Jurisdiction, Venue & Commencing The Lawsuit, New York State Academy of Trial Lawyers, February 3, 2021
  • How to Successfully Litigate a Personal Injury Case Series - Part 1: Getting the Case, Investigation and Ready to File, New York State Academy of Trial Lawyers, January 6, 2021
  • Brick by Brick: Building a Personal Injury Practice, New York State Academy of Trial Lawyers, December 10, 2020
  • Working with Experts to Build Your Case, New York State Academy of Trial Lawyers, October 8, 2020
  • Working with Experts to Build Your Case, New York State Academy of Trial Lawyers, October 8, 2020
  • Fitness Industry Liability: Gyms, Trainers and Waivers, The Mentor Esq. Podcast, September 8, 2020
  • Let's Make a Federal Case Out of It: Litigating Personal Injury Cases in Federal Court, New York State Academy of Trial Lawyers, June 9, 2020
  • Crisis Management - The Corona Virus Pandemic, The Mentor Esq. Podcast, April 9, 2020
  • Do You Have a Federal Tort Claims Act Case in Your Office, New York State Academy of Trial Lawyers, December 10, 2019
  • Auto and Truck Claims, Accidents and Litigation 2019 – Evaluating Damages and Use of Experts, New York State Bar Association, September 9, 2019
  • Thoughts and Strategies in the Ever-Evolving Product Liability Litigation – The Plaintiff’s Perspective, The Defense Association of New York, March 12, 2019
  • Trial Techniques: Lessons on Dealing with Millennial Jurors; Summations; Requests to Charge and Post-Trial Motions, The Defense Association of New York, January 31, 2019
  • Trial Techniques: Interactive Lessons from the Plaintiff and Defense Perspectives, The Defense Association of New York, September 17, 2018
  • Punitive Damages – What to Plead, What to Prove: Medical Malpractice, New York State Academy of Trial Lawyers, June 8, 2017 & June 21, 2017
  • Presenter on Evidence, 2016 Annual Update, Precedents & Statutes for Personal Injury Litigators, New York State Academy of Trial Lawyers, September 30, 2016
  • Medical Malpractice in New York: A View from All Sides: The Bench, The Bar and OCA, New York State Bar Association, October 11, 2015
  • Effectively Using Experts in Personal Injury Cases, Lawline, October 8, 2015
  • Killer Cross Examination Strategies, Clear Law Institute, April 21, 2015
  • Powerful Opening Statements, Clear Law Institute, January 13, 2015
  • The Dram Shop Law: New York Liquor Liability, Lawline.com, November 20, 2014
  • Killer Cross Examination Strategies, Lawline.com, November 20, 2014
  • Trial Techniques: Tricks of the Trade Update, Lawline.com, October 14, 2014
  • Personal Trainer Negligence Update, Lawline.com, October 14, 2014
  • Trial Techniques – Part 2: Cross- Examination & Closing Arguments, Brooklyn Bar Association, May 15, 2014
  • Trial Techniques – Part 1: Jury Selection, Opening Statements & Direct Examination, Brooklyn Bar Association, May 7, 2014
  • Health, Fitness & Adventure Sports Liability, New York State Bar Association, August 1, 2013
  • Direct Exams: How To Make Your Witnesses Shine, New York State Academy of Trial Lawyers, May 6, 2013
  • Opening Statements: A Recipe for Success, Lawline.com, August 7, 2012
  • “You Had Me at Hello”: Delivering an Effective and Powerful Opening Statement, New York State Academy of Trial Lawyers, April 1, 2012
  • Preparing the Construction Accident Case, New York County Lawyers Association, March 26, 2012
  • The Nults and Bolts of a Trial, New York State Academy of Trial Lawyers, October 24, 2011
  • Personal Trainer Negligence, Lawline.com, March 22, 2011
  • Trial Effectively Using Experts in Personal Injury Cases, Lawline.com, May 4, 2011 Techniques: The Tricks of the Trade, Lawline.com, February 16, 2011
  • Practice Makes Perfect: Learn to Practice Like a Pro, Lawline.com, January 18, 2011
  • Jury Selection 101, New York State Academy of Trial Lawyers, December 14, 2010
  • Practical Guidelines for Getting Items into Evidence, Lawline.com, March, 2010 
  • Winning Your Case: Trial Skills that Count, Lawline.com, August 21, 2009

Television Appearances - Legal Commentary

  • Fox News Channel
    • The O'Reilly Factor
    • What's Happening Now with Martha McCallum
    • America's News Room
    • Fox & Friends
  • Fox Business Channel
    • Neil Cavuto
    • Money with Melissa Francis
  • CNN
  • Bloomberg TV
  • Headline News
  • Tru TV
  • Court TV
  • The Morning Show with Mike and Juliet
  • ET – Entertainment Tonight

Interests & Hobbies

  • Porsche Club, High Performance Driving Events, Sim Racing, Tennis, Lego