Evan Torgan

November 29, 2007 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that the dynamic of the psychological concept of "primacy and recency" is readily demonstrated by an effective redirect examination. After all, if there is any validity to the idea that that which the jurors hear first and last is that which they remember the most, then a properly conducted redirect could prove to be one of the most potent weapons available to the direct examiner.

By Ben Rubinowitz and Evan Torgan

12 minute read

December 23, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: Without question, the insurance industry and Big Business have done a good job conditioning prospective jurors before they ever step foot in court that tort reform is an important, necessary thing and that many cases are frivolous. This propaganda has had the effect of making jurors cynical and distrustful of what would otherwise be viewed as solid, legitimate claims deserving of compensation.

By Ben Rubinowitz and Evan Torgan

9 minute read

July 31, 2008 | Law.com

Too often, trial lawyers use demonstrative exhibits only in the one part of the trial during which the exhibit is offered -- usually direct examination. Although a strong point can be made during direct, with a good amount of planning and a little bit of creativity, that exhibit can serve to bolster your point throughout the entire trial and, more importantly, serve as your surrogate during the one part of the trial when you are not present -- jury deliberations.

By Ben Rubinowitz and Evan Torgan

12 minute read

November 08, 2002 | Law.com

Direct examination is an overlooked art within trial practice. Preparation should be just as thorough as any other part of the trial. Attorneys must first determine the areas needed to make a prima facie case before utilizing the basic tools of direct examination: open-ended, non-leading questions that elicit a narrative response.

By Ben Rubinowitz and Evan Torgan

11 minute read

August 30, 2010 | New York Law Journal

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 trial testimony tends to proceed at a very fast pace. And haste, proverbially, makes waste, so the trial lawyer is cautioned to not get caught up in the speed of the trial to the detriment of having the trial record not truly reflect what actually took place.

By Ben Rubinowitz and Evan Torgan

11 minute read

May 14, 2002 | New York Law Journal

I n virtually every personal injury case, the defense is entitled to have the plaintiff examined by a doctor of its choosing. Indeed, most preliminary conference orders direct the attorneys to spell out the type of physician who will conduct this exam. They further order the defense to provide plaintiff`s counsel with a copy of the report generated from that exam.

By Ben Rubinowitz And Evan Torgan

10 minute read

August 29, 2008 | New York Law Journal

Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write: It has been said that the purpose of jury selection is to select a "fair and impartial" jury. The trial lawyer, as his client's advocate, must, however, always keep the ultimate goal in mind: a successful verdict in the case. Thus, the goal of jury selection, simply put, is to get a jury which will render a verdict in favor of your client.

By Ben Rubinowitz and Evan Torgan

11 minute read

September 21, 2006 | New York Law Journal

Ben B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra University School of Law and Benjamin N. Cardozo School of Law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Cardozo School of Law, write that when conducting a direct or cross examination, everything the trial lawyer does should be done with an eye toward summation. Too often trial lawyers fall into traps that they themselves have set.

By Ben B. Rubinowitz and Evan Torgan

10 minute read

November 18, 2002 | New Jersey Law Journal

By Ben Rubinowitz and Evan Torgan

11 minute read

July 30, 2002 | New York Law Journal

C ROSS-EXAMINATION involves relatively straightforward skills. Through preparation of your case, and a basic knowledge of the fundamentals of cross, you can set up a winning summation by scoring points during the cross-examination of each witness.

By Ben Rubinowitz And Evan Torgan

13 minute read