2011 Super Lawyers Pro Bono Award
Attorney Profile

Ben B. Rubinowitz

Ben Rubinowitz

Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz
80 Pine Street, 34th Floor
New York, NY 10005

New York

New York (NY)

Contact Contact Ben B. Rubinowitz
T: 212-943-1090
F: 212-425-7513

Visit: www.gairgair.com
Practice Areas: Personal Injury Plaintiff: General (40%), Personal Injury Plaintiff: Medical Malpractice (40%), Personal Injury Plaintiff: Products (20%)

Personal Injury Plaintiff: General

Personal Injury Plaintiff: Medical Malpractice

Personal Injury Plaintiff: Products

Industry Groups: , , Airplane Accidents, Automobile Accidents, Aviation Accidents, Bedsores, Birth Injuries, Boat Accidents, Brain Injuries, Burn Unjuries, Bus Accidents, Catastrophic Injuries, Civil Rights Violations, Construction Accidents, Crane Accidents, Cruise Ship Accidents, Decubitis Ulcers, Defective Buildings, Defective Products, Electrical Shock Accidents, Elevator Accidents, Factory Accidents, Failure To Diagnose Cancer, Failure To Properly Perform Surgery, False Arrests, Fire Accidents, Hospital Negligence, Improper Prescriptions Leading To Injury And Death, Inadequate Security, Injuries Causing Brain Injuries, Injuries Causing Spinal Cord Injuries, Injuries Involving Paralysis, Injuries Suffered As A Result Of Drunk Drivers, Injuries Suffered As A Result Of Sexual Abuse, Ladder Accidents, Landlord Negligence, Medical Malpractice, Motorcycle Accidents, Municipal Negligence, Nursing Care Negligence, Nursing Carelessness Leading To Injury, Nursing Home Abuse, Nursing Home Neglect, Paraplegia, Pedestrian Accidents, Pedestrians Injured By Careless Drivers, Pharmaceutical Class Actions, Police Misconduct, Product Recalls, Quadreplegia, Roadway Defects, Roof Accidents, Scaffold Accidents, Severe And Serious Personal Injuries, Swimming Pool Accidents, Train Accidents, Truck Accidents, Unsafe Products, Workplace Injuries, Wrongful Death

Profile

Throughout his 29 year legal career, Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. Ben began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining GGCSMB&R in 1989. This year, Ben was featured in New York Magazines' article on "Best Lawyers in New York" as a member of the only New York plaintiff's personal injury litigation firm with ten partners listed in The Best Lawyers in America. Ben's meticulous approach to the preparation and trial of a case has produced 19 verdicts and 84 settlements in excess of one million dollars in cases arising out of automobile accidents, premises accidents, construction accidents, medical malpractice and products liability. His thorough grasp of the nuances of complex issues, together with his ability to translate the information into clear terms for a jury, has left an indelible impression on all those who have witnessed him in action, including even the defendants' medical experts that he has cross-examined. In addition to his skills as a trial lawyer, Ben has successfully argued appellate cases before the Appellate Division and the highest court in the State of New York, the Court of Appeals.Ben's experience and legal acumen is also sought after outside of the courtroom. He has appeared as a legal expert on Court T.V. and he co-authors a regular column in the NY Law Journal on the subject of trial advocacy. Ben's success as a trial lawyer and expertise in his field has earned him national recognition as a trial advocacy teacher both to attorneys and to law students. Ben has lectured, chaired, and participated in seminars at Harvard, Emory, Fordham, St. John's, Pace and Cardozo law schools, as well as numerous continuing legal education programs. To date, Ben has lectured in over 100 Continuing Legal Education Programs. As a tribute to his success as a Trial Lawyer, Ben was asked to lecture to Queens Counsel Solicitors and Advocates in Edinburg, Scotland. This Year Ben Rubinowitz chaired the prestigious "Masters of the Art of Trial Advocacy Program" put on by the New York State Trial Lawyers Association. That program was a three part seminar featuring only lawyers who have obtained multiple seven and eight figure verdicts for their clients. Due to his experience and skill, Ben was also asked to Chair the New York State Bar Association program on Construction Site Accidents.New York Lawyer Ben Rubinowitz serves as an adjunct professor of Hofstra Law School and Cardozo Law School where he teaches a course in advanced trial techniques. In recognition of his trial skills, Ben has been asked by the National Institute for Trial Advocacy to serve as a national and regional team leader.  Ben was elected to the Board of Trustees of the National Institute for Trial Advocacy.  Ben was asked to lecture about Medical Malpractice by the Duke University School of Medicine at the National Urologic Forum and at the Radiology Grand Rounds at the Mt. Sinai School of Medicine. As a tribute to his success as a leading lawyer for those who have been severely injured, Ben was asked to lecture to the risk managers of one of the largest carriers in the State. Ben is a past President of the New York City Chapter of the American Board of Trial Advocates, and he is a member of the International Society of Barristers, The International Academy of Trial Lawyers, The American Trial Lawyers Association and the New York State Trial Lawyers Association.  Since its inception Ben Rubinowitz has been listed in "Super Lawyers" and  has been named one of the "TOP 100" lawyers in the New York Metro area. Ben is also listed in Best Lawyers in America. This year Ben became a member of the most prestigious bar Association in the Country, The Inner Circle of Advocates. The Inner Circle is an invitation only organization whose membership is limited to the Top 100 Trial Lawyers in the Country. To become a member each lawyer must have had multiple million dollar verdicts and possess the highest standing in their respective states.

Selected To

New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro
New York Super Lawyers 2007 - Metro
New York Super Lawyers 2006 - Metro

Certifications and Credentials

About Ben Rubinowitz

Admitted: 1982, New York

Professional Webpage: www.gairgair.com/New_York_Lawyer_Ben_Rubinowitz.htm

Honors and Awards:

  • In 2011, Ben became a member of the Inner Circle of Advocates, an invitation only organization of the Top 100 Plaintiff's Trial Lawyers in the Country. The Prentice Marshall award was presented to Ben Rubinowitz at the New England Regional NITA Program in Boston, Massachusetts in December, 2008.  Ben was recognized for his outstanding contributions as a Faculty Member at the National Institute for Trial Advocacy for over 25 years. In 2009 Ben was elected by his peers to the Board of Trustees of The National Institute for Trial Advocacy. He is one of only 19 members nationwide elected to this prestigious position. Ben has also been recognized as an expert in his field having been asked by the New York Law Journal to be a featured writer on the Field of Trial Advocacy. He has been a featured writed and contributor to this scholarly journal for the past decade., The Prentice Marshall Award, NITA, 2007

Bar/Professional Activity:

  • Ben has lectured throughout the State of New York, the Unites States and, more recently, Internationally in Edinburgh, Scotland Nation.  He has Chaired programs for the New York State Bar Association on such topics as Construction Accidents, Medical Malpractice claims and Automobile Accident cases as well as Trial Techniques.  He has been a Team Leader at  The National Institute for Trial Advocacy in New York, Colorado and Florida.  He has lectured numerous times throughout each year -- for the last 28 years -- for the National Institute for Trial Advocacy in such venues as Harvard, in Massachusetts,  Hofstra, in New York,  Pace in New York, Fordham and Cardozo in New York, and The  University of San Francisco, California as well as in San Diego. Ben regularly Chairs programs for the New York State Trial Lawyers on such topics as Automobile Accident litigation, Construction claims,  Medical Malpractice claims,  and Product Liability  claims.  This year Ben was again asked to chair the prestigious Masters Program which limits its faculty to only lawyers who have obtained multiple 8 figure and 7 figure verdicts.

Pro bono/Community Service:

  • Ben has presented  yearly pro bono lectures at The Bronx County Courthouse,  The Brooklyn Bar Association, New York Supreme Court, the New York State Bar Association, the New York City Bar Association, the Queens Bar Association, The Nassau-Suffolk Trial Lawyers Association and the Suffolk County Bar Association. In the past Ben has given pro bono lectures to the Criminal Division of the United States Attorneys Office for the Southern District of New York, as well as guest lectures at Harvard Law School, New York Law School, Fordham Law School and St. John's Law School. Ben Rubinowitz has lectured on all aspects of trial techniques from jury selection through summation. His lectures have focused on other topics including successful representation of individuals injured in construction accidents , Medical Malpractice, Failure to diagnose Cancer Cases, motor vehicle accidents, products liability, premises accidents, drunk driving accidents and civil rights violations.

Scholarly Lectures and Writings:

  • St. John's Law School, Mastering the Art of Cross Examination, April 11, 2008
  • Suffolk County Bar Association, Directed Cross Examination Skill, April 8, 2008
  • North Shore/Long Island Jewish Hospital, Cross Examination of the Forensic Psychiatrist, April 18, 2008
  • Winter Urological Forum Scientific Program, State of the Art in Urology; Lecture: Issues in Medical Malpractice, sponsored by Postgraduate Institute for Medicine
  • NYSTLI, 2008
  • Chair, Masters Of The Art Of Trial Advocacy, January 16, 2007; Febuary 26, 2007; March 19, 2008
  • "Decisions," N.Y.S.T.L.A., Trial Practice, 2007
  • Chair, "Construction Site Accidents: The Law and The Trial," New York State Bar Association, 2007 
  • "Social Security Disability Law Forum," Cross Examination of Medical Experts, N.Y.C., 2007
  • Kings County Bar Association, Jury Selection Seminar, 2006
  • Chair, "Examination of Medical Witnesses," N.Y.S.T.L.A., 2006
  • "Cross Examination," Bronx County Bar Association, April 19, 2006
  • ATLA, "Thinking Inside the Box: Jury Selection and Opening Statement Seminar," April 21-22, 2006, Austin, TX
  • Masters Class in Jury Selection, Brooklyn Bar Association , April 3 2006
  • "Dealing with the New York State Judicial Conduct Commission", New York State Supreme Court Judges Association
  • "Perspectives on Medical Malpractice", Long Island Radiologic Society
  • Lecture on Medical Malpractice, Winter Urological Forum , Duke University School Of Medicine
  • Openings and Closings Seminar , N.Y.S.T.L.A.
  • "How To Try An Auto Accident Case", N.Y.S.T.L.A.
  • Lecturer, 1999-Present, National CLE Program
  • Trial Advocacy Training Program, Corporation Counsel, N.Y.C.
  • Trial Practice Training Program, S.D.N.Y., United States Attorneys Office
  • Lecturer, Continuing Legal Education
  • Direct and Cross Examination Skills, Trial Academy of the N.Y. County Lawyers' Assn.
  • Rising Star Seminar, 2000, N.Y.S.T.L.A.
  • Jury Selection Seminars, 2000-present, N.Y.S.T.L.A.
  • Lecturer, Master Advocates Program, N.I.T.A.
  • Lecturer, Fordham Law School, Continuing Legal Education
  • Trial Tactics Seminar , N.Y.S.T.L.A.
  • Proof of Damages Seminar , Practing Law Institute
  • Chair, Cross Examination Seminar , 2000-present, N.Y.S.T.L.A.
  • "Trial Advocacy, The Use Of The Rhetorical Question On Summation", New York Law Journal, 2000
  • "Trial Advocacy, Direct Examination Of a Medical Expert", New York Law Journal, 2000
  • "Trial Advocacy, The Opening Statement", New York Law Journal, 2000
  • "Trial Advocacy, Some tips On Rules, Time Constraints, Questioning Techniques" , New York Law Journal, 2000
  • "Jury Selection Strategy, Cross-Examination Of A Medical Expert", New York Law Journal, 2000
  • "Trial Advocacy, Cross Examination Of a Medical Expert: Collateral Attack" , New York Law Journal , 2000
  • "Trial Advocacy, The Tale of The Tape: Dealing With Video Surveillance Of Your Client", New York Law Journal, 2001
  • "Trial Advocacy, The Use Of The Analogy During Trial", New York Law Journal, 2001
  • "Trial Advocacy, Cross Examination of Vocational Rehabilitation Experts", New York Law Journal, 2001
  • "Trial Advocacy, The 'Freeze-Frame' Technique: A Method For Exposing Key Points", New York Law Journal, 2002
  • "Trial Advocacy, Direct Examination: The Basics", New York Law Journal, 2002
  • "Trial Advocacy, The Voice Of Reason: A Powerful Approach To Cross-Examination", 2002
  • "Trial Advocacy, Cross-Examination: The Basics", New York Law Journal, 2002
  • "Trial Advocacy, Focusing On The Negative In An Independent Medical Exam", New York Law Journal, 2002
  • Trial Advocacy, Golden Rule Violations: Placing the Jury in the Shoes of Your Client" , New York Law Journal , 2003
  • "Trial Advocacy, The Cross Examination of the Radiologist in a Soft Tissue Case", New York Law Journal, 2003
  • "Trial Advocacy, The Deposition as a Tool For Trial", New York Law Journal, 2003
  • "Trial Advocacy, Economic Testimony: From Lay Witness to Economist, New York Law Journal, 2003
  • Trial Advocacy, Cross Examination Of Medical Doctors: Recurrent Themes, 2003
  • "Trial Advocacy, Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective", New York Law Journal , 2004
  • "Trial Advocacy, Tips on Narrative Direct Examination" , New York Law Journal, 2004
  • "Trial Advocacy, The Use of Photographs in Personal Injury Cases", New York Law Journal, 2004
  • "Trial Advocacy, Direct Examination of a Hostile Witness", New York Law Journal, 2004
  • "Trial Advocacy, Who's Up First? Issues Related to Order of Summation", New York Law Journal, 2005
  • "Trial Advocacy, The Trial of a Soft Tissue Injury Motor Vehicle Case", New York Law Journal, 2005
  • "Trial Advocacy, The Virtue of Patience: Setting Up Expert Witness on Cross-Examination" , New York Law Journal, 2005
  • Trial Advocacy, The Opening Statement in the Herniated Disc Case", New York Law Journal, 2005
  • Chair Lecturer, Examination of Medical Witnesses, 2006
  • "Hypothetical Questions on Cross", New York Law Journal, 2006
  • "The Use of Hypothetical Questions as Weapons at Trial", New York Law Journal, 2006
  • "Trial Advocacy, Common Mistakes and Simple Remedies", New York Law Journal, 2006
  • "Trial Advocacy, Introduction of Exhibits in Civil Cases", New York Law Journal, 2006
  • "Trial Advocacy, Impeachment With a Prior Inconsistent Statement", New York Law Journal, 2006
  • "Redirect Examination", New York Law Journal, 2007
  • "Proving Damages in Wrongful Death Case", New York Law Journal, 2007
  • "Jury Selection: Time Constraints and Weaknesses in Cases", New York Law Journal, 2007
  • "Authoritative Texts and Cross-Examination of Medical Experts", New York Law Journal, 2007
  • The Cross Examination of the Defense Economist, The New York Law Journal, 2008
  • Cross Examining A Medical Witness, New York Law Journal, 2008
  • The Effective Use Of Exhibits Throughout Trial, 2008
  • "Getting the Picture: Using Exhibits Throughout a Trial", New York Law Journal, 2008
  • "Prep Is Key to Cross-Exam of Examining Medical Witness", New York Law Journal, 2008
  • Lecturer, Maximizing Damage Awards : How to appropriately and successfully represent the victims of Construction Site Accidents., Chair, Construction Site Accidents -- The Trial of a Labor Law Case, New York State Bar Association, 2009
  • Lecturer, How to Successfully Represent the Victims of Drunk Driving Accidents, Hofstra Law School, 2009
  • How to Deliver Effective Opening Statements and Closing Arguments, Chair, Masters Series, New York State Bar Association, 2009
  • Control During Cross : Stopping the Run Away Witness, New York Law Journal, 2009
  • Dealing With Weaknesses and Maintaining Credibility, New York Law Journal, 2009
  • The Trial of a Soft Tissue Injury Case, New York Law Journal, 2009
  • Rethinking the Chronological Presentation of Evidence, New York Law Journal, 2009
  • Common Mistakes on Direct Examination, New York Law Journal, 2010
  • Proving Your Case Through Adverse Witnesses, New York Law Journal, 2010
  • Lecturer, How to Try a Medical Malpractice Case, New York City Bar Association, 2010
  • This article shows trial lawyers how to maximize damage awards in motor vehicle and car accident cases, medical malpractice cases and Wrongful Death claims., Dealing With Damages In Voir Dire And Summation, New York Law Journal, 2011
  • Using The Internet As A Tool For Cross Examination, New York Law Journal, 2011
  • This program focused on maximizing damage awards for seriously injured clients., Co-Chair, The Trial of a Personal Injury Case, Nassau County Bar Association, 2011
  • Lecturer, National Urologic Conference, 2011
  • Methods for exposing key points during cross examination., Lecturer, Maximizing Success : Effective Cross Examination Techniques, St. John's Law School, 2011
  • Ben was asked to lecture at the Winter Urologic Forum, the premier National meeting of the Top Urologists in the Nation.  Ben spoke to the doctors from the perspective of a trial lawyer who has represented individuals who had been injured as a result of medical malpractice., Featured Lecturer, Winter Urologic Forum, 2011
  • How to secure large jury verdicts by bringing out the full extent of the client's pain and suffering., Chair, Masters Series, New York State Trial Lawyers Institute, 2011
  • Trial Advocacy, Common Mistakes on Direct Examination, New York Law Journal, 2011
  • Grand Rounds, Mt Sinai School of Medicine, New York City., Speaker, Medical Malpractice, 2011

Verdicts and Settlements:

  • $27,500,000 verdict for a pedestrian struck by a bus. The pedestrian suffered the loss of her leg. This is the largest verdict for such an injury in New York State history.$26,000,000 verdict for a pedestrian struck by a truck in a personal injury action.$17,250,000 verdict for a New York man who was rendered partially incontinent as a result of a doctor committing medical malpractice in failing to diagnose a spinal malformation.$11,400,000 verdict for the sexual abuse of two teenagers. $10,000,000 settlement for a woman rendered blind as a result of being struck by a drunk driver.$10,000,000 settlement for a woman who suffered severe injuries to her legs as a result of the negligence of a bus driver. $8,000,000 settlement in a Drunk Driving Case in which a 23 year old mother of a 4 year old child was killed; $8,000,000 settlement in a medical malpractice case in which a woman was rendered brain damaged as a result of anesthesiologic malpractice. $5,000,000 settlement in a wrongful death case in which a man (father and husband) was killed in an auto accident.$5,000,000 settlement in a wrongful death case in which a bar permitted a man to continue to drink alcoholic beverages before he started driving. That man then drove drunk, killing a father of two children. $5,000,000 settlement for a man injured as a result of a defective fire escape who suffered a traumatic brain injury. $4,800,000 verdict for the wrongful death of a 8 year old child killed as the result of the negligence of a truck driver; $4,000,000 for a woman who suffered  knee and pelvic injuries as a result of being struck by a Transit Authority bus;   $4,000,000 verdict for a woman who suffered injuries and whose husband was killed as a result of inadequate security at the building in which she lived. $3,000,000 settlement for a man who suffered facial burns in a fire due to the negligence of a landlord in failing  to adequately maintain the building in which he lived. $2,050,000 verdict for a man who, while riding his bicycle, suffered a fractured pelvis, after being struck by a bus. $2,000,000 verdict for a man who suffered a fractured hip and head trauma in a train accident. $2,000,000 recovery for a man whose physician failed to timely diagnose his prostate cancer. $1,800,000 verdict for a man who suffered the loss of his spleen due to a construction site accident. $1,400,000 settlement for a woman who suffered a fractured ankle after being struck by a car.

Other Outstanding Achievements:

  • Ben became a member of the Inner Circle of Advocates, an invitation only organization of the Top 100 Trial Lawyers in the Country., 2011
  • Editor in Chief of Smart Litigator,  published by ALM  The New York Law Journal, 2011

Educational Background:

  • Boston University,  Magna cum laude with Distinction, 1978
  • JD   Hofstra Law School, 1981
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