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
July 27, 2005 | 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 an exaggerating witness will invariably say something surprising and eminently attackable during direct examination. The well-prepared lawyer will begin to salivate in anticipation of cross-examination on that point.
By Ben B. Rubinowitz and Evan Torgan
9 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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