Ben Rubinowitz

October 05, 2023 | New York Law Journal

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.

By Ben Rubinowitz and Evan Torgan

10 minute read

October 22, 2021 | New York Law Journal

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore issues which may arise during client intake and witness preparation, as well as the duty to correct potentially false testimony.

By Ben Rubinowitz and Evan Torgan

17 minute read

June 18, 2021 | New York Law Journal

In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore effective lines of questioning for voir dire. If conducted properly, not only will the information gleaned during voir dire inform a lawyer's decision of whether or not to challenge that juror, but additionally, it will offer valuable information that can be used effectively to emphasize points during the course of trial.

By Ben Rubinowitz and Evan Torgan

11 minute read

May 07, 2021 | New York Law Journal

The trust and reliance that we place in those who make crucial decisions about our health and safety often goes unchallenged until something goes wrong. But when something bad does happen, the concepts of trust and reliance can form the basis for the successful prosecution or defense of a claim. In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore proper trial techniques that can be used to develop and explore the adequacy or inadequacy of those major decisions.

By Ben Rubinowitz and Evan Torgan

15 minute read

December 29, 2020 | New York Law Journal

In every case, someone makes a choice that gives rise to the claim. For the attorney conducting a cross-examination of the person or persons who made the choice, dissecting the thought process that led to that choice will provide fodder for cross-examination and lead to success in the courtroom. In this edition of their Trial Advocacy column, Ben Rubinowitz and Evan Torgan explore Question and Answer techniques for eliciting useful responses.

By Ben Rubinowitz and Evan Torgan

13 minute read

November 04, 2020 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Whether in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit a video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.

By Ben Rubinowitz and Evan Torgan

14 minute read

October 03, 2019 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan review certain time-tested trial techniques that can be used by attorneys to cross-examine an expert regardless of his field of expertise and regardless of his experience.

By Ben Rubinowitz and Evan Torgan

15 minute read

April 09, 2019 | New York Law Journal

A lawyer must find a way to capture the jury's attention and leave an impression that will last well into deliberations. In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan describe how one effective approach to accomplish is for the lawyer to identify and emphasize key words or phrases that best frame an issue, work those words or phrases into cross-examination and emphasize that frame during final argument.

By Ben Rubinowitz and Evan Torgan

13 minute read

September 18, 2018 | New York Law Journal

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: To be effective with cross-examination, the trial attorney must know what her objective is and how to get there. All crosses must start at the end—with what attorney intends to prove. Once the attorney knows what she intends to prove, she can use different techniques such as changing the tone of her voice, focusing the question for the witness, asking low risk open ended questions and making statements with a question at the end.

By Ben Rubinowitz and Evan Torgan

12 minute read

March 15, 2018 | New York Law Journal

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.

By Ben Rubinowitz and Evan Torgan

12 minute read