Evan Torgan

March 15, 2018 | New York Law Journal

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.

By Ben Rubinowitz and Evan Torgan

12 minute read

September 07, 2017 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: From a procedural point of view, the real goal of jury selection for the trial attorney is to preserve peremptory challenges. Careful use of both leading and open-ended questions can pave the way for insightful answers and, ultimately, confirm the prejudice of a juror for a "cause" challenge.

By Ben Rubinowitz and Evan Torgan

29 minute read

July 14, 2017 | New York Law Journal

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write: Too often trial lawyers fail to maximize key points that, if fully developed during cross, will serve not only to discredit the witness, but to anger the jurors so that they begin to question and doubt your adversary's entire case. A thorough line of attack with respect to a lie does not simply prove that a witness was dishonest, but explores the thought process that went into concocting the lie in the first instance, the motives behind that lie, and the ultimate goal that the witness hoped to achieve by engaging in such deception.

By Ben Rubinowitz and Evan Torgan

13 minute read

March 21, 2017 | New York Law Journal

Trial Advocacy columnists Ben Rubinowitz and Evan Torgan write that with little more than the click of a mouse, insurance companies and defense attorneys have a window "inside the home" and into the life of a personal injury plaintiff unlike anything seen before. Whether it is a photograph from a trip or simply the daily minutiae of life, social media postings can be a wealth of information for your adversary.

By Ben Rubinowitz and Evan Torgan

26 minute read

August 12, 2016 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer's ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.

By Ben Rubinowitz and Evan Torgan

23 minute read

April 25, 2016 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: While the theory behind the need for an independent medical examination makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. Some plaintiffs exaggerate injuries, some examining doctors minimize their findings. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.

By Ben Rubinowitz and Evan Torgan

22 minute read

February 10, 2016 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: In crafting the cross of a witness, the trial lawyer must look beyond the obvious. Instead of just focusing on what was said, the trial lawyer should explore that which was not said, but should have been said. These omissions and failures often lead to the most compelling arguments on summation. The problem is that most lawyers are fearful of the unknown.

By Ben Rubinowitz and Evan Torgan

11 minute read

January 15, 2016 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan continue their discussion of trying damages in a case involving the death of an adult child, providing sample questions to elicit testimony from a layperson witness on the decedent's pain and suffering, questions for parents on how the decedent contributed to the family to provide context for economic loss, and a sample summation.

By Ben Rubinowitz and Evan Torgan

8 minute read

January 14, 2016 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan continue their discussion of trying damages in a case involving the death of an adult child, providing sample questions to elicit testimony from a layperson witness on the decedent's pain and suffering, questions for parents on how the decedent contributed to the family to provide context for economic loss, and a sample summation.

By Ben Rubinowitz and Evan Torgan

8 minute read

November 18, 2015 | New York Law Journal

In their Trial Advocacy column, Ben Rubinowitz and Evan Torgan write: Damages in a case involving the death of a working spouse and parent can readily be communicated to a jury. The more difficult case is when the decedent is a young adult just starting out in life, unmarried with no children, little to no earnings history, and survived only by his parents, all of which raises issues that should be confronted head on in jury selection and opening statements.

By Ben Rubinowitz and Evan Torgan

12 minute read