Keeping Your Vessel Stable During Cross-Examination
Litigation attorney Daniel Small published a column in Massachusetts Lawyers Weekly examining the importance of trial lawyers fully understanding the technical issues at the heart of their cases. The column continues his series about his defense of naval architect Jack Gilbert in a dispute over the stability of a fishing vessel, and Dan recounts how a last-minute change in the opposing side's team required him to master the complexities of vessel weight and stability ahead of cross-examination. He explains how he applied the "Three Cs" of cross-examination – commit, credit and confront – to uncover a flaw in the opposing analysis: The vessel's pilot house had been calculated as if it were made entirely of steel, without accounting for its Plexiglas windows. Dan describes how the exchange undermined the credibility of the analysis and reinforced a broader lesson for trial lawyers: They must know the technical territory of their cases well enough to identify weaknesses and effectively challenge opposing testimony.