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Evan Torgan

Evan Torgan

December 29, 2011 | New York Law Journal

Examining The All-Purpose Expert

In 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 Witness

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 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 Condition

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, 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 Cross

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 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-examination

For 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 Statement

The 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 Cross

Tips 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 Questions

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: 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 Summations

For 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 Approaches

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 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