February 23, 2010 | New York Law Journal
Trial AdvocacyBen 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: Few things are more enjoyable to a cross examiner than exposing a witness who has intentionally lied during direct examination. Far more challenging and a little less dramatic is the task of attacking the average, law-abiding witness who is simply biased in favor of the adverse party.
By Ben Rubinowitz and Evan Torgan
10 minute read
July 29, 2004 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that whether the photo depicts the general scene of an accident, a specific defect causing injury, a type of instrumentality causing injury, or simply an injury itself, photography provides the trial attorney with an important tool. To effectively offer this persuasive evidence, however, the trial lawyer must know how to lay the proper evidentiary foundation.
By Ben Rubinowitz and Evan Torgan
10 minute read
October 20, 2009 | New York Law Journal
Trial AdvocacyBen 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: Some trial lawyers will argue that admitting a weakness is a bad decision, that the jurors will view the confession as a self-serving event. Since the trial lawyer will never admit that he should lose the case, the jurors will be skeptical and cynical of the attempt to enhance credibility by admitting a weakness. We disagree. By volunteering a weakness, you will be in a position to have the jurors conclude that you, as an advocate, have gone out of your way to present the whole picture to them and not just the favorable parts of your case. Few things have the potential to hurt more than concealing a weakness that should have been disclosed.
By Ben Rubinowitz and Evan Torgan
11 minute read
May 17, 2011 | New Jersey Law Journal
Using the Internet as a Tool For Cross-Examination"Anything you post online can and will be used against you."
By Ben Rubinowitz and Evan Torgan
10 minute read
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