Ben Rubinowitz

May 19, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Conducting an effective direct examination of an economist presents several challenges, such as maintaining the jury's attention through the presentation of relatively dry subject matter, and conveying the complicated financial terms and calculations to lay jurors in a language that they can understand.

By Ben Rubinowitz and Evan Torgan

15 minute read

February 24, 2014 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper write: The rhetorical question is an effective and persuasive tool for summation. It is subtle in its delivery and potent upon its receipt. When used properly, it can persuade a jury without the insult of a more heavy-handed approach. A seasoned and accomplished trial attorney has to ask, what could be better?

By Ben Rubinowitz and Evan Torgan

14 minute read

December 23, 2013 | New York Law Journal

In their Trail Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan of Torgan & Cooper, write: When dealing with the expert witness, exposing bias is not only an essential part of cross, but one that becomes imperative if counsel is to turn the jury against the so-called "expert."

By Ben Rubinowitz and Evan Torgan

13 minute read

November 05, 2013 | The Legal Intelligencer

In all personal injury actions, the plaintiff bears the burden of proof regarding the nature and extent of the injury. To rebut the plaintiff's claims of injury, the defense is entitled to have the plaintiff examined by a physician of its choosing.

By Ben Rubinowitz and Evan Torgan

11 minute read

October 31, 2013 | New Jersey Law Journal

Discrediting the doctor: Should it be permissible to secretly videotape a claimant's independent medical exam?

By Ben Rubinowitz and Evan Torgan

11 minute read

October 28, 2013 | New York Law Journal

In their Trail Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan of Torgan & Cooper, write: Just as defendants use surreptitious video-recording in an attempt to capture images of unsuspecting plaintiffs engaging in activities which they claim their injuries restrict, in fairness, plaintiffs should be afforded the same opportunity when it comes to challenging the weight of the opinions offered by defendants' examining doctors at trial.

By Ben Rubinowitz and Evan Torgan

12 minute read

July 15, 2013 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, write that when a taped deposition is available, there are times when the attorney should resist the temptation to "go to the videotape" immediately. First, the witness should be properly set up in preparation for using the video. Second, the information that is not on the video can be just as powerful, if not more so, than the video itself.

By Ben Rubinowitz and Evan Torgan

11 minute read

September 11, 2012 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, write: While the trial lawyer can certainly emphasize a key fact, position or argument by raising or lowering his or her voice, that technique, by itself, is not nearly as powerful as other rhetorical devices available to the trial advocate. Certain techniques in speaking to the jury can and should be utilized to bring forth your points in the strongest possible fashion.

By Ben Rubinowitz And Evan Torgan

10 minute read

October 28, 2011 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, provide sample direct and cross examination questions for doctors that can demonstrate the tie between a client's injuries and the happening of the accident.

By Ben Rubinowitz and Evan Torgan

11 minute read

December 29, 2011 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper discuss how to strategically attack a "professional testifier" through a voir dire or cross examination to expose both bias and lack of qualifications.

By Ben Rubinowitz and Evan Torgan

12 minute read