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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Trial Advocacy

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opinion for hire with NYC Personal Injury Attorney Ben Rubinowitz
Our Managing partner, Ben Rubinowitz, will be speaking at the 11th event of the Champions of Trial Boot Camp series hosted by Rich Newsome, Troy Rafferty and Mike Kelly on Friday September 25th at 1:00 pm ET on Zoom. The lesson which is part of a twelve-lesson trial advocacy class is entitled “Opinions For Hire – Effective Cross Exam of Defense Doctors, Engineers and Other So-Called Experts”.

During this  webinar, participants will have the opportunity to learn and hone their skills on the following topics:

  • Law and rules
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Personal Injury Attorney Ben RubinowitzOur managing partner Ben Rubinowitz will participate as a panelist in the ETHICS & CIVILITY IN THE COURTROOM  webinar presented by New York State Trial Lawyer Institute on August 20 from 4:00 pm to 6:00 pm. This Ethics webinar will inform participants about the importance of courtroom demeanor during trial from the perspective of a trial lawyer engaging the jury hearing a case to the trial judge presiding over the trial and the appellate judge reviewing the record. Our distinguished panel  will discuss several cases, but will focus on one notable case tried by Mr. Rubinowitz in front of Judge Rakower that was subsequently brought up on appeal to a First Department Panel that included Justice Kapnick. This unique and engaging discussion will provide multiple perspectives on how to try a case with zeal, while also being mindful of the bounds of professional responsibility.

For more information or to register click here

 

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NITA-STUDIONITA is thrilled to present two of its leading instructors, nationally renowned trial lawyers Doris Cheng fromWalkup, Melodia, Kelly & Schoenberger  and our managing partner Ben Rubinowitz, in Killer Cross, a demonstration-based webcast on cross-examination. Learn – and watch – as Doris and Ben demonstrate various ways of discrediting a witness, discrediting an adversary, and setting up a powerful, compelling, and winning argument on summation. Not only will they show you how to cross-examine a lay witness, but Doris and Ben will offer portable techniques to cross-examine any expert, regardless of their field. This free, one-hour webcast will leave you with tools to secure admissions by demanding responsive answers to achieve the success you need in court.

This free live webinar will take place on July 23rd at 10:00 AM PDT/ 1:00 PM EDT. It is free but you still need to register here to attend.

If you can’t make the live presentation, this webcast will be available to view on demand, beginning the next day.

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BOULDER, Colo., July 14, 2020 — The National Institute for Trial Advocacy (NITA) released a statement on Monday, July 6, 2020, in support of maintaining future in-person jury trials and other adversarial proceedings with approved medical safeguards. In the statement, NITA maintains that in-person bench and jury trials are designed to seek and reveal the truth in a public forum and that virtual or remote proceedings deprives the litigant, judge, and jury from using all of their senses to weigh the evidence, thereby diminishing the parties’ ability to have a fair and impartial outcome that is supported by the Constitution.

“As trial lawyers, we are becoming increasingly concerned about the possible loss of the traditional in-person jury trial to the ‘virtual trial,’” says Ben Rubinowitz, Chair of NITA’s Board of Trustees and managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. “For well over 100 years, the in-person jury trial has served to ensure justice in both criminal and civil trials. It is unfortunate that based on current health concerns stemming from  COVID-19 and the temporary needs of the courts, some would permanently trade the long-established guarantees of constitutionally protected rights in exchange for the perceived speed, cost, and convenience of a virtual trial.” Mr. Rubinowitz further states, “I am proud of the NITA Board for recognizing the importance of in-person jury trials and ensuring that the time-honored tradition of in-person trials continues in our country.”

In the statement, NITA recognizes the need to move to online and virtual proceedings during the pandemic and will continue to train attorneys accordingly. Pamela Bresnahan, Chair-elect of NITA’s Board of Trustees and partner at Vorys, Sater, Seymour and Pease LLP states, “NITA has been and will continue to be the premier place to learn trial advocacy. While in person trials are always preferable, we commit to providing virtual training for lawyers during the uncertain times created by the COVID-19 pandemic. And we also commit to return to in-person training as soon as it is safe to do so.”

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The National Institute for Trial Advocacy (NITA), is a group of trial lawyers from every corner of the country. We are committed to training our colleagues in high-quality advocacy in support of our pursuit of litigants’ right to fairness and equal access to justice. For 50 years, NITA has served as the model for advocacy training, including trial techniques and other skills that are universal across venues and among fact finders in any court of law.

Recent articles in the public and legal press have started a discussion about the need for virtual trials. During the COVID-19 pandemic, our judicial system has struggled to balance the competing right of health and safety with the right to due process in criminal and civil actions. The Fourteenth Amendment provides that no one shall be “deprived of life, liberty or property without due process of law.” These words are meant to assure that all levels of American government provide fair procedures that secure an impartial judge or jury, an opportunity for confrontation and cross examination of witnesses, and discovery. For these reasons, NITA urges and promotes in-person jury trials and other adversarial proceedings with approved medical safeguards.

While there understandably have been temporary interruptions to open courtrooms and court proceedings, it is critical that our democracy preserve traditional judicial processes. The fundamental role of the judge or jury in any case is twofold: (1) to decide the facts based on the credibility of the testimony and evidence presented, giving appropriate weight to evidence that may be conflicting; (2) to apply the law to the facts determined to be reliable. In order to judge the credibility of witnesses, a trial must have procedures in place that are effective for determining the truth.

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Personal Injury Attorney Ben Rubinowitz

Our managing partner, New York Personal Injury Attorney Ben Rubinowitz, has developed a reputation as a leading plaintiff’s trial lawyer throughout the country. In recognition of his skill as a national leader in his field, Ben will be speaking to the Wyoming Trial Lawyers at their annual convention. In light of the recent string of eight figure multimillion dollar verdicts that he received, Ben has been asked to speak about developing damages through cross-examination of experts.

The Wyoming Trial Lawyers Association’s Annual Convention ” Litigation in 2020 and Beyond” will take place on June 18th and 19th via Live Streaming.

Click here for more info or to register

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Personal Injury Attorney Ben RubinowitzOur Managing partner Ben Rubinowitz and Evan Torgan will be presenting “Successful Trial Techniques from Jury Selection through Summation”, a live streaming Seminar organized by the New York Sate Academy of Trial Lawyers on Wednesday June 10.

This two hour seminar will feature some of the best known Trial Lawyers in New York. For more than 20 years, Evan Torgan and Ben Rubinowitz have provided guidance to lawyers throughout the state in their featured column in the New York Law Journal, Trial Advocacy. This seminar will take you through some of the techniques that have allowed these lawyers to obtain multiple seven- and eight-figure verdicts. They will not only talk about strategies they use but will provide demonstrations of the successful techniques that have allowed them to obtain such remarkable results. The two will be joined by Angélicque Moreno, President of the New York Academy of Trial Lawyers, another successful trial attorney who has numerous multimillion dollar verdicts and settlements to her credit.

Click here to register

 

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Personal Injury Attorney Ben RubinowitzJoin our managing partner  Ben Rubinowitz  as he is co-chairing with Judy Livingston and Jeff Korek  this two part webinar: Openings & Summations. They have assembled an All-Star panel of Trial Attorneys who will demonstrate what they do and say in Opening Statements and Closing Arguments to achieve spectacular results. Trial demonstrations are what this program is all about. Each member of the faculty will demonstrate an opening or summation.

This webinar  organized by the New York State Trial Association is free for all NYSTLA members and non-members. It has been approved for transitional & non-transitional credits. Participants will receive 4 Skills CLE credits.

Part 1 will take place on May 26th from 12:00 pm to 2:00 pm

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Personal Injury Attorney Ben RubinowitzOur managing partner, Ben Rubinowitz, will be a panelist at the “Expert Witnesses” CLE program presented by the Federal Bar Council in New York on December 5th.

Expert witnesses are at the center of modern litigation of all kinds, from personal injury litigation, complex commercial cases to mass torts and white collar crime. This program will cover Daubert motions and other limitations on expert testimony, best practices for drafting expert reports, tips on how to effectively present complex expert testimony to a jury, and strategies for cross-examining experts. The panel will also discuss innovations that may improve expert practice in the federal courts.

Ben will be part of of a group of 5 panelists that includes Jonathan P. Bach, Esq. from Shapiro Arato Bach LLP, Sheila S. Boston, Esq. from Arnold & Porter, Mark R. Seiden, Esq. from Jones Day as well as Professor Daniel J. Capra,  Reed Professor of Law at Fordham University School of Law and Reporter for the Advisory Committee on the Federal Rules of Evidence. The judicial moderator of the program will be The Honorable Colleen McMahon, Chief U.S. District Judge, Southern District of New York.

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Our Partner, NY personal injury attorney Christopher J. Donadio has been invited by the New  York Medical Malpractice Attorney Christopher_DonadioCounty Lawyers Association to lecture at a continuing legal education event titled “From Voir Dire to Verdict: Trying a Personal Injury Case” which will be held on Thursday, November 14, 2019 at 6:00pm at the New York County Lawyers Association office at 14 Vesey Street, New York, New York. Mr. Donadio has been asked to provide a plaintiff’s attorney’s approach to all aspects of a personal injury trial.

In addition to Mr. Donadio, the event will also include a defense attorney’s approach to personal injury trials, provided by Alecia Walters-Hinds of Lewis Brisbois Bisgaard & Smith, as well as the perspectives of the Honorable Kathryn E. Freed and the Honorable Louis L. Nock, judges in the New York State Supreme Court, New York County.

Please click on the following link to register for the lecture: https://www.nycla.org/NYCLA/Events/Event_Display.aspx?EventKey=CLE111419