The 3 Cs: Commit, Credit, Confront
Litigation attorney Daniel Small authored a Massachusetts Lawyers Weekly article discussing strategies for challenging a witness' credibility during cross-examination in the context of the Farmers Export grain elevator explosion trial. Mr. Small focuses on the tactic of identifying prior inconsistent statements through effectively applying what he calls "Three Cs": commit, credit and confront. He highlights the dramatic impact of the Three Cs by relaying how he used them to unravel a hostile witness' narrative during the Farmers Export trial.