August 20, 2024 | New York Law Journal
Expert Cross-Examination: Creating Maximum Mileage From an Expert's Mistakes"Effectively cross-examining an expert witness requires more than just identifying errors," write Ben B. Rubinowitz and Evan Torgan.
By Ben B. Rubinowitz and Evan Torgan
8 minute read
September 21, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra University School of Law and Benjamin N. Cardozo School of Law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Cardozo School of Law, write that when conducting a direct or cross examination, everything the trial lawyer does should be done with an eye toward summation. Too often trial lawyers fall into traps that they themselves have set.
By Ben B. Rubinowitz and Evan Torgan
10 minute read
September 21, 2005 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that soft tissue injury motor vehicle cases where there are pre-existing conditions, intervening medical issues and gaps in treatment are being dismissed more and more easily, but with proper trial techniques, these issues can be overcome.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
September 23, 2004 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that it is a rare event for a lawyer to speak in glowing terms of a magnificent narrative direct examination. Indeed, if done properly it is the witness who shines on direct examination.
By Ben B. Rubinowitz and Evan Torgan
10 minute read
May 08, 2003 | New York Law Journal
Trial AdvocacyBy Ben B. Rubinowitz And Evan Torgan
11 minute read
May 04, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that anyone who has ever walked into a courtroom while the jury is off deliberating can attest that it is hard to find a more relaxed spot in the courthouse.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
May 08, 2003 | New York Law Journal
Trial AdvocacyBy Ben B. Rubinowitz And Evan Torgan
11 minute read
December 30, 2004 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and an adjunct professor of law, teaching trial practice at Hofstra University School of Law, and Evan Torgan, a member of Torgan & Cooper, and an adjunct professor of law, teaching trial practice at Benjamin N. Cardozo School of Law, write that medical malpractice cases pit the plaintiff's trial lawyer against formidable obstacles.
By Ben B. Rubinowitz And Evan Torgan
13 minute read
July 25, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that the proper handling and introduction of exhibits can earn you the respect of the judge and jury. Once photographs, MRIs and office records are in evidence, maximize their use. Testimony can be compelling, but a picture can be worth a million words.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
January 06, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that while impeachment can be one of the most exhilarating parts of a trial, its effectiveness is often diminished by too-eager attorneys.
By Ben B. Rubinowitz and Evan Torgan
11 minute read
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