In their recent Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer’s ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.
On Wednesday our Partner, Ben Rubinowitz, lectured to more than 60 Assistant District Attorneys from the Nassau County District Attorneys office. Ben was asked to teach Cross Examination skills to the ADA’s based on his experience and success in the Courtroom. “I felt honored to be asked to teach cross examination skills to the ADA’s. I started out as a prosecutor and know first hand the challenges that these ADA’s face each day. I have used those same skills that I learned as an Assistant DA to prosecute those who cause injury or death to our clients.” In his lecture, Ben stressed the importance of focusing on every aspect of trial with an eye toward strengthening the argument for summation. He stressed the importance of presenting a fair and honest case, methods of dealing with non-responsive witnesses and how to dissect a witness who tells less than the truth. Following Ben’s presentation the Director of Training commented that the Assistants enjoyed the presentation so much that they immediately requested an additional presentation by Ben.
Our managing partner, NY personal injury attorney Ben Rubinowitz will be the featured speaker at the Massachusetts Academy of Trial Attorneys; Attorney Voir Dire Skills Development Workshop this coming Thursday, June 9th. The workshop will take place at the Hampshire County Courthouse, Courtroom 3, 15 Gothic Street, Northampton, MA. from 1:00 pm to 4:00pm.
The seminar will start with an introduction from MATA President Annette Gonthier-Kiely, followed by lectures. A voir dire demonstration will then be conducted with an actual simulated jury followed by 4 pre-selected volunteers who will have the opportunity to test-drive their own voir dire skills by conducting a progressive panel voir dire.
For more information about this seminar or to register please click here
In their recently published Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “While the theory behind the need for an independent medical examination makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. Some plaintiffs exaggerate injuries, some examining doctors minimize their findings. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.”
In their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “In crafting the cross of a witness, the trial lawyer must look beyond the obvious. Instead of just focusing on what was said, the trial lawyer should explore that which was not said, but should have been said. These omissions and failures often lead to the most compelling arguments on summation. The problem is that most lawyers are fearful of the unknown.”
Download a pdf of the article
Seven of the best New York personal injury attorneys as well as an ethics attorney and the Honorable Douglas E. McKeon will be discussing some of the most challenging issues that trial attorneys face during trial in a seminar organized by NYSTLA. This seminar will be co-chaired by our managing partner Ben Rubinowitz and by Jeff S. Korek from Gersowitz, Libo & Korek P.C. It will take place on January 26th and February 9th 2015 from 6:00 pm to 9:00 pm at the New York State Trial Lawyers Association, 132 Nassau Street in Manhattan. The seminar will also be broadcasted live. An audio CD and a video DVD will also be available as well as printed materials. They can all be ordered here.
During this seminar the following subjects will be covered:
- collateral attacks on expert witnesses
In their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Damages in a case involving the death of a working spouse and parent can readily be communicated to a jury. The more difficult case is when the decedent is a young adult just starting out in life, unmarried with no children, little to no earnings history, and survived only by his parents, all of which raises issues that should be confronted head on in jury selection and opening statements.
In a recent article published in Policy & Practice, Daniel Pollack, a Professor at the School of Social Work, Yeshiva University in New York explains why lawsuits against human services agencies are very often settled through mediation. The article is related to lawsuits against human services agencies but most points can apply to personal injury lawsuits as well. The article provides a detailed definition of what a mediation is and how it differs from a hearing or an arbitration. Professor Pollack also looks at the benefits of a mediation compared to a trial and refers to specific cases where it is the best alternative for both sides. The article emphasizes the instrumental role of the mediator and what defines a good mediator.
Download the complete article here
In their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write Today that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.
Our managing partner Ben Rubinowitz will be speaking at the San Antonio Trial Lawyer Association “Real World Annual CLE Seminar – Trial Techinques, Approaches and Jury Persuasion” on Friday September 11th at the Wyndham Riverwalk Hotel in San Antonio.
Ben’s successes as a trial lawyer and expertise in his field have earned him national recognition as a trial advocacy teacher both to attorneys and to law students. Mr. Rubinowitz has lectured, chaired, and participated in seminars and programs at Harvard, Yale, Emory, Fordham, Hofstra, St. John’s, Pace and Cardozo law schools, as well as more than 100 continuing legal education programs throughout the country and internationally.
In San Antonio the subject of his presentation will be “Effective Cross Examination : The Anger Factor”.