Articles Posted in Trial Advocacy

In their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write about the importance of cross-examining experts on collateral matters.

When dealing with the expert witness, exposing bias is not only an essential part of cross, but one that becomes imperative if counsel is to turn the jury against the so-called “expert.” This article offers an informative approach and “how to guide” to cross examine the expert by using the “collateral attack.” The examples used in this article are taken from a recent case that Rubinowitz tried in which he secured a $7.25 million verdict for his client who suffered knee injuries.

For more than 10 years Ben Rubinowitz and Evan Torgan have been recognized by the New York Law Journal as experts in their field. To date, they have written more than 60 articles on various aspects of trial advocacy.

In their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper, write: Just as defendants use surreptitious video-recording in an attempt to capture images of unsuspecting plaintiffs engaging in activities which they claim their injuries restrict, in fairness, plaintiffs should be afforded the same opportunity when it comes to challenging the weight of the opinions offered by defendants’ examining doctors at trial.

Our managing partner, Ben Rubinowitz will be a speaker at the New York City Bar Program“Anatomy of a Trial: Tips and Strategy to win your Case“ on Thursday November 14th from 6:00pm to 9:00 pm . The program is co-chaired by United States Magistrate Judge, SDNY Honorable, Sarah Netburn and New York Trial Attorney Philip R. Schatz, founding partner at Wrobel Schatz & Fox LLP

Taught by leading trial advocates and experienced judges, this event will provide you with the basics of a federal trial, from voir dire to verdict, and share their “how-to” tips and tricks for victory in the courtroom. You’ll learn:

• How To Create Successful Opening And Closing Arguments

This Fall, Justice Douglas McKeon, the Administrative Judge of Bronx County, is heading up the Moore Advocates lecture series at Fordham Law School. This program features some of the finest and most successful trial lawyers in New York State lecturing about their field and demonstrating Trial Techniques to students and alumni of Fordham Law School. In addition to those who attended Fordham Law, the program is open to all practicing attorneys in New York. On September 12th Ben Rubinowitz and Evan Torgan joined Justice McKeon in speaking about Direct and Cross Examination. “Not only does Judge McKeon run one of the busiest Courts in the country but he still manages to find time to share his expertise with students and lawyers” said Rubinowitz. “I am delighted to have been asked to participate in the Program. It’s programs like these that make the Bar of the State of New York that much better.” Future speakers include, among others, Judy Livingston and Herald Price Fahringer.

From Left to right: Evan Torgan, Honorable Douglas McKeon and Ben Rubinowitz