December 28, 2010 | New York Law Journal
Common Mistakes on Direct ExaminationIn their Trial Advocacy column, Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan, a member of Torgan & Cooper, advise on more effective questioning of witnesses, reminding attorneys to simplify legalese or medical jargon for the jury and emphasize essential points before moving on.
By Ben Rubinowitz and Evan Torgan
8 minute read
March 01, 2011 | Legaltech News
Using the Internet as a Tool for Cross-ExaminationIn addition to advising clients about the dangers of posting personal information online, trial lawyers must remember to do online searches not only of their experts and potential party opponents but also of their own clients before verified pleadings are exchanged or sworn testimony is given.
By Ben Rubinowitz and Evan Torgan
10 minute read
August 29, 2007 | New York Law Journal
Trial AdvocacyBen Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf, and Evan Torgan, a member of Torgan & Cooper, write that on the day you first met your client and heard his story, you probably made an initial determination regarding the strengths and weaknesses of the case. Your initial "gut" reaction to the case is crucial to your preparation for jury selection. It was at that moment in time that you were closest to seeing the case the way the jury might see it.
By Ben Rubinowitz and Evan Torgan
10 minute read
November 19, 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: One of the best methods to control a witness on cross is to pose short, "one fact at a time" questions designed to slowly but surely make your point for summation. While this is easier said than done, there is a straight forward method to accomplish this goal. To reach this goal, however, a firm understanding of different questioning techniques must be understood.
By Ben Rubinowitz and Evan Torgan
8 minute read
July 25, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that the proper handling and introduction of exhibits can earn you the respect of the judge and jury. Once photographs, MRIs and office records are in evidence, maximize their use. Testimony can be compelling, but a picture can be worth a million words.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
January 06, 2006 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper and an adjunct professor at Benjamin N. Cardozo School of Law, write that while impeachment can be one of the most exhilarating parts of a trial, its effectiveness is often diminished by too-eager attorneys.
By Ben B. Rubinowitz and Evan Torgan
11 minute read
August 21, 2006 | New Jersey Law Journal
Introducing ExhibitsA crucial, but often overlooked, part of trial advocacy is knowledge of the rules that govern the introduction of exhibits. The proper handling and introduction of exhibits can earn you the respect of the judge and jury.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
June 28, 2011 | New York Law Journal
Good as Gold: Using Analogies and Short Stories in SummationIn their Trial Advocacy feature, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and Evan Torgan of Torgan & Cooper discuss how implementing oratory tools such as analogies, metaphors, memorable phrases and short stories during a summation can, if properly used, work to help a jury reach an intended verdict.
By Ben Rubinowitz and Evan Torgan
10 minute read
June 07, 2007 | New York Law Journal
Trial AdvocacyBen B. Rubinowitz, a partner at Gair, Gair, Conason, Steigman & Mackauf and an adjunct professor of law at Hofstra and Cardozo schools of law, and Evan Torgan, a member of Torgan & Cooper, write that although passages from medical texts are normally excluded as hearsay, they can, in fact, be used in New York State Court for impeachment purposes by reading aloud a relevant passage after the expert recognizes the writing as authoritative. The key is to get the expert to concede the writing is authoritative.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
May 05, 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, wrtite that although at one time, the law recognized a herniated disc for what it was � a significant and debilitating injury, today, with the statutory threshold requirements of Insurance Law �5102, the plaintiff is faced with a difficult task.
By Ben B. Rubinowitz and Evan Torgan
13 minute read
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