Episode 64
Ben Rubinowitz – Expert Cross-Examination Masterclass
"We're walking them out on a tightrope. We keep walking them out, and finally, when we push, they fall into the canyon of doom. There is no escape." Ben Rubinowitz shares his masterful approach to cross-examination with host Dan Ambrose. Drawing from over three decades of trial experience, Ben reveals the strategies that make him one of New York's most formidable trial lawyers. Learn how proper witness setup creates powerful impeachment opportunities, why "voice of reason" questions establish credibility with jurors, and how to handle conditional answers from evasive witnesses. Ben will teach these techniques at TLU Beach (June 4-7), along with specialized workshops on voir dire for wrongful death cases and lectures on the bridge between cross-examination and closing arguments.
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Episode Snapshot
- Ben recently tried a Metro North crash case in Valhalla, NY, securing a liability verdict against Metro North at 71% responsibility, with damages trials now proceeding separately.
- Ben emphasizes the importance of "voice of reason" questions to establish credibility and set up witnesses before impeachment, especially when cross-examining doctors and other expert witnesses.
- For effective cross-examination, Ben recommends using the words "full,” “fair,” “thorough,” and “complete" to establish standards that witnesses must later admit they failed to meet.
- Ben advocates for carefully using "low-risk open-ended questions" in specific situations where you know the answers will strengthen your case.
- Ben discusses the power of proper pacing, breathing, and tone when conducting cross-examination, emphasizing the importance of listening to witness answers.
- At TLU Beach, Ben will teach cross-examination masterclasses, voir dire techniques for wrongful death cases, and demonstrate the bridge between effective cross and compelling closing arguments.
- Ben suggests that when witnesses use conditional language like "I believe" or "approximately," these create powerful impeachment opportunities that should be carefully exploited.
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