Ben Rubinowitz

April 22, 2010 | 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 that while a certain amount of modification or change in testimony might seem reasonable or even innocuous, such action provides ample opportunity to attack a witness. Too often, lawyers fail to establish and reinforce in the minds of the jurors that the change was substantial and must cast doubt on the credibility of the witness.

By Ben Rubinowitz and Evan Torgan

8 minute read

October 31, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: In garden-variety personal injury cases, the defense generally will not put on its own economist. Instead, it will have its economist acting behind the scenes, preparing the defense for cross-examination of the plaintiff's economist. This has changed lately in catastrophic cases, where enormous numbers are projected for future medical care and diminution in earning capacity. An effective cross, however, can make the defense second-guess its strategy of ever putting its economist on the stand.

By Ben Rubinowitz and Evan Torgan

13 minute read

December 28, 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, advise on more effective questioning of witnesses, reminding attorneys to simplify legalese or medical jargon for the jury and emphasize essential points before moving on.

By Ben Rubinowitz and Evan Torgan

8 minute read

March 01, 2011 | Legaltech News

In addition to advising clients about the dangers of posting personal information online, trial lawyers must remember to do online searches not only of their experts and potential party opponents but also of their own clients before verified pleadings are exchanged or sworn testimony is given.

By Ben Rubinowitz and Evan Torgan

10 minute read

August 29, 2007 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that on the day you first met your client and heard his story, you probably made an initial determination regarding the strengths and weaknesses of the case. Your initial "gut" reaction to the case is crucial to your preparation for jury selection. It was at that moment in time that you were closest to seeing the case the way the jury might see it.

By Ben Rubinowitz and Evan Torgan

10 minute read

November 19, 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: One of the best methods to control a witness on cross is to pose short, "one fact at a time" questions designed to slowly but surely make your point for summation. While this is easier said than done, there is a straight forward method to accomplish this goal. To reach this goal, however, a firm understanding of different questioning techniques must be understood.

By Ben Rubinowitz and Evan Torgan

8 minute read

June 28, 2011 | New York Law Journal

In their Trial Advocacy feature, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper discuss how implementing oratory tools such as analogies, metaphors, memorable phrases and short stories during a summation can, if properly used, work to help a jury reach an intended verdict.

By Ben Rubinowitz and Evan Torgan

10 minute read

July 06, 2010 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: There is no better way to prove medical malpractice than through the mouths of the defendant physicians themselves. Although they may never specifically admit that they departed from accepted standards of medical practice, a skillfully pointed adverse direct examination can leave no doubt as to their culpability.

By Ben Rubinowitz and Evan Torgan

12 minute read

November 01, 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: Most jurors will expect your witnesses to testify favorably to your case. They will not, however, expect an adverse witness to testify favorably for you. Therefore, any opposition witness that gives positive testimony for you will help underscore the strength of your case.

By Ben Rubinowitz and Evan Torgan

11 minute read

October 23, 2007 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, argue that the laws regarding damages for wrongful death are old-fashioned, out of date and archaic. Nonetheless, the skilled trial lawyer can try a case that results in significant damages for the limited elements of compensation available.

By Ben Rubinowitz and Evan Torgan

13 minute read