December 29, 2011 | New York Law Journal
Examining The All-Purpose ExpertIn their Trial Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper discuss how to strategically attack a "professional testifier" through a voir dire or cross examination to expose both bias and lack of qualifications.
By Ben Rubinowitz and Evan Torgan
12 minute read
April 29, 2013 | New York Law Journal
The Collateral Attack: Challenging Qualifications of an Expert WitnessIn 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 when selecting an expert to testify at trial, consideration should be given to his or her stature not just from the standpoint of formal classroom education and training, but also from the aspect of his or her ability to communicate credibly and effectively to the jury.
By Ben Rubinowitz and Evan Torgan
13 minute read
April 23, 2012 | New York Law Journal
Aggravation of a Pre-Existing Medical ConditionIn their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, discuss how to deliver opening and closing arguments and conduct direct examination on behalf of a client whose injury exacerbated a previous condition, a scenario in which it is necessary to thoroughly understand the earlier health issue and meet the defense contentions head on.
By Ben Rubinowitz and Evan Torgan
12 minute read
June 19, 2012 | New York Law Journal
Controlling Witnesses on Direct and CrossIn 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 although oratorical skills are important, good listening skills are critical; moreover, although most trial attorneys are worried about controlling the adverse witness, controlling their own witness is just as important.
By Ben Rubinowitz and Evan Torgan
11 minute read
March 01, 2011 | Daily Report Online
Using the Internet as a tool for cross-examinationFor those who are unaware, there is a new saying in the electronic age, clearly reminiscent of a Miranda right: "Anything you post online can and will be used against you." The continuing popularity of social networking sites such as MySpace, Facebook, and Twitter, along with search engine sites and YouTube, are having a tremendous impact at trial.
By Ben Rubinowitz and Evan Torgan
10 minute read
October 26, 2000 | Law.com
The Opening StatementThe opening statement is your first real opportunity to speak directly to the jury about the merits of your case. Your ability to capture the jury's attention at the outset, gain their respect, and structure the case in your terms will often dictate the final result. A fine-tuned opening can help you lay out your case. A high impact opening can win it.
By Ben Rubinowitz and Evan Torgan
16 minute read
November 02, 2012 | New Jersey Law Journal
Controlling Witnesses on Direct and CrossTips for trial attorneys on how to rein in an out-of-control witness.
By Ben Rubinowitz and Evan Torgan
10 minute read
February 22, 2013 | New York Law Journal
Focusing on the Witness' Answers and Asking Follow-Up QuestionsIn 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: While many lawyers expect to have their own witnesses provide testimony on direct examination consistent with the preparation undertaken prior to trial, anxiety can cause a carefully laid out examination to go awry. The trial lawyer who is more focused on the notes on his legal pad than the answers being given in court is not providing a service to his client.
By Ben Rubinowitz and Evan Torgan
9 minute read
October 08, 2012 | Law.com
Oratory Techniques for Effective Opening Statements and SummationsFor a trial lawyer to win his or her case, the lawyer must find a way to capture the jurors' attention with an impression that will last beyond summations and well into deliberations. To this end, the manner in which an argument is communicated can be as important as the content of the argument itself. Four oratory techniques are presented here.
By Ben Rubinowitz and Evan Torgan
10 minute read
October 23, 2012 | New York Law Journal
Cross-Examination: Comparison of Different ApproachesIn 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 where a witness is lying, the questions and the manner in which they are presented should be crafted to slowly demonstrate the improbability of the witness' story, leaving the jury little doubt that it should reject the witness as untrustworthy.
By Ben Rubinowitz and Evan Torgan
9 minute read
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