Ben Rubinowitz

December 23, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: Without question, the insurance industry and Big Business have done a good job conditioning prospective jurors before they ever step foot in court that tort reform is an important, necessary thing and that many cases are frivolous. This propaganda has had the effect of making jurors cynical and distrustful of what would otherwise be viewed as solid, legitimate claims deserving of compensation.

By Ben Rubinowitz and Evan Torgan

9 minute read

July 31, 2008 | Law.com

Too often, trial lawyers use demonstrative exhibits only in the one part of the trial during which the exhibit is offered -- usually direct examination. Although a strong point can be made during direct, with a good amount of planning and a little bit of creativity, that exhibit can serve to bolster your point throughout the entire trial and, more importantly, serve as your surrogate during the one part of the trial when you are not present -- jury deliberations.

By Ben Rubinowitz and Evan Torgan

12 minute read

November 08, 2002 | Law.com

Direct examination is an overlooked art within trial practice. Preparation should be just as thorough as any other part of the trial. Attorneys must first determine the areas needed to make a prima facie case before utilizing the basic tools of direct examination: open-ended, non-leading questions that elicit a narrative response.

By Ben Rubinowitz and Evan Torgan

11 minute read

August 30, 2010 | 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 trial testimony tends to proceed at a very fast pace. And haste, proverbially, makes waste, so the trial lawyer is cautioned to not get caught up in the speed of the trial to the detriment of having the trial record not truly reflect what actually took place.

By Ben Rubinowitz and Evan Torgan

11 minute read

May 14, 2002 | New York Law Journal

I n virtually every personal injury case, the defense is entitled to have the plaintiff examined by a doctor of its choosing. Indeed, most preliminary conference orders direct the attorneys to spell out the type of physician who will conduct this exam. They further order the defense to provide plaintiff`s counsel with a copy of the report generated from that exam.

By Ben Rubinowitz And Evan Torgan

10 minute read

August 29, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: It has been said that the purpose of jury selection is to select a "fair and impartial" jury. The trial lawyer, as his client's advocate, must, however, always keep the ultimate goal in mind: a successful verdict in the case. Thus, the goal of jury selection, simply put, is to get a jury which will render a verdict in favor of your client.

By Ben Rubinowitz and Evan Torgan

11 minute read

November 18, 2002 | New Jersey Law Journal

By Ben Rubinowitz and Evan Torgan

11 minute read

July 30, 2002 | New York Law Journal

C ROSS-EXAMINATION involves relatively straightforward skills. Through preparation of your case, and a basic knowledge of the fundamentals of cross, you can set up a winning summation by scoring points during the cross-examination of each witness.

By Ben Rubinowitz And Evan Torgan

13 minute read

August 27, 2009 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and an adjunct professor at Hofstra University School of Law and Cardozo Law School, and Evan Torgan, a member of Torgan & Cooper, discuss trial tactics for cases involving knee injuries, a prevalent injury in personal injury cases. A skillful opening statement detailing the normal anatomy and describing how the accident caused the pathologic anatomy is a critical step in persuading a jury to find in your client's favor. That, in combination with an artful direct of the orthopedic expert, can go a long way in proving the seriousness of your client's injury and portraying the damages in the case.

By Ben Rubinowitz and Evan Torgan

14 minute read

July 28, 2009 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and an adjunct professor at Hofstra University School of Law and Cardozo Law School, and Evan Torgan, a member of Torgan & Cooper, write: Grabbing the audience's attention immediately by beginning the story at a critical point in the plot, only then to return the narrative to the beginning and taking the story up to the point which the audience has already seen has become common in television shows and movies. This technique is easily portable to your opening statements and examination of witnesses. If delivered correctly, it can have the desired effect of maintaining and stimulating your jury's interest in the case, while also focusing it on the moments in time which are critical to your case's narrative.

By Ben Rubinowitz and Evan Torgan

11 minute read