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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rubinowitz_torganIn 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.”

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brSeven 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
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rubinowitz_torganIn 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.

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Daniel+Pollack-1In 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

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rubinowitz_torganIn 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.

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brOur 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”.

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Our managing partner, Ben Rubinowitz will be a speaker at the New York State Lawyer Association Seminar “Decisions 2015: Recent Developments in Tort Law

– NYC” that will take place in Manhattan on September 25 and 26. Ben will speak on the 26th. The following topics will be covered:

  • Damages
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benOur managing partner Ben Rubinowitz and the Honorable Nancy Vaidik, Chief Judge of the Indiana Court of Appeals will direct the National Session of the National Institute for Trial Advocacy (NITA) in Boulder Colorado from July 22nd to July 30 2015. ” Together Rubinowitz and Vaidik have invited some of the best trial lawyers, judges, and professors in the country, all of whom are also some of the best teachers of trial advocacy in the country.”  Participants will have the opportunity to use NITA’s learning-by-doing method to practice and perfect their skills in the art of persuasion and trial advocacy with an outstanding faculty.  Participants will be personally coached on speaking well by Brian Johnson and Marsha Hunter, authors of “The Articulate Advocate” and communication experts extraordinaire. Students will also have the opportunity to practice and master isolated trial skills in a dedicated drill room.

To read more about this program and to register click here

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brOur managing partner Ben Rubinowitz will be a speaker at the 360 Advocacy “Damages, Go Big or Go Home” Conference that will take place in Las Vegas from June 14 to June 16, 2015.

All cases come down to one issue – DAMAGES. Even when you win liability, without a great damage settlement or award, the case is not really “won” in your eyes and the eyes of your client. Winning big is not only about the case, but also about the skill and talent of the trial lawyer handling the case.  The faculty put together for this conference will teach participants both what they know and how to apply the knowledge, techniques and skills to bump up your success rate.

Ben will be speaking Monday June 15th on” Using Cross Examination at Trial to Enhance Damages”. Ben has  written extensively on the Art of Cross Examination and spoken at Seminars across the country. Ben was the 2013 recipient of the Robert Keeton Award for Outstanding Service as a National Institute for Trial Advocay (NITA) Faculty Member. This award recognizes Ben’s exceptional work as a NITA faculty member. Here is what NITA had to say about Ben: “In considering his nomination, it was recognized that “Ben is a ‘best’ teacher and deserves the best teacher award.” He began teaching early in his career, and has contributed to new and evolving methods, such as “drills” and the drill room. He lectures in the same persona that he presents to a jury-a consummate role model.” See our prior post here.

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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, Ben Rubinowitz and Evan Torgan write that one effective way of examining a potential juror is by calling for an answer on a spectrum. This technique helps to gain insight not only into reticent jurors, but also into those jurors who are willing to share their beliefs, concerns, and thoughts with the attorneys without hesitation. Read the complete column here

For more than 15 years Ben Rubinowitz and Evan Torgan have been featured in the New York Law Journal as Experts in their field which include Catastrophic Personal Injury and Medical Malpractice Cases.

New York personal injury attorney Ben Rubinowitz is the managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. He also is an Adjunct Professor of Law teaching trial practice at Hofstra University School of Law and Cardozo Law School.

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