Ben Rubinowitz

September 08, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.

By Ben Rubinowitz and Evan Torgan

11 minute read

September 04, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.

By Ben Rubinowitz and Evan Torgan

11 minute read

June 05, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: There is an old adage that every trial lawyer should accept as gospel: "You don't get a second chance to make a first impression." Keeping this maxim in mind, attorneys must strive to make a winning impression early on in the trial so they can use that impression to set the tone for each phase of the remainder of the trial.

By Ben Rubinowitz and Evan Torgan

11 minute read

June 04, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: There is an old adage that every trial lawyer should accept as gospel: "You don't get a second chance to make a first impression." Keeping this maxim in mind, attorneys must strive to make a winning impression early on in the trial so they can use that impression to set the tone for each phase of the remainder of the trial.

By Ben Rubinowitz and Evan Torgan

11 minute read

March 23, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that one effective way of examining a potential juror is by calling for an answer on a spectrum. This technique helps to gain insight not only into reticent jurors, but also into those jurors who are willing to share their beliefs, concerns, and thoughts with the attorneys without hesitation.

By Ben Rubinowitz and Evan Torgan

12 minute read

March 20, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that one effective way of examining a potential juror is by calling for an answer on a spectrum. This technique helps to gain insight not only into reticent jurors, but also into those jurors who are willing to share their beliefs, concerns, and thoughts with the attorneys without hesitation.

By Ben Rubinowitz and Evan Torgan

12 minute read

December 15, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that when a witness testifies falsely at trial there are generally only two reasons: Either the witness is mistaken or a liar. Too often, lawyers approach cross-examination of both the mistaken witness and the liar with a "one-size-fits-all" approach. This is a mistake.

By Ben Rubinowitz and Evan Torgan

12 minute read

October 27, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write that obtaining a just and proper award from a jury for pain and suffering in a wrongful death case can be challenging. An effective trial attorney must thoroughly prepare for all stages of the trial, including a voir dire that explores the feelings and beliefs of the potential jurors, and a strong summation that relates those feelings and beliefs to the evidence.

By Ben Rubinowitz and Evan Torgan

12 minute read

August 26, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Our first article on the topic of secretly taping so-called "independent medical examinations" was met with wide criticism by certain members of the defense bar. However, if we are to achieve fairness in the adversarial process, and if trials are to remain reliable means of discovering the truth, then both sides must be permitted to use covert video surveillance where appropriate.

By Ben Rubinowitz and Evan Torgan

13 minute read

June 23, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Weaknesses in the opposition's case are often not readily apparent in the facts contained in their own record. Nevertheless, powerful and persuasive weaknesses might well be found in what those very records do not say, but, indeed, should say.

By Ben Rubinowitz and Evan Torgan

12 minute read