A.  Definition of Terms and Concepts

  The following concepts and definitions provide guidance to maximize effective communications using Actions Motions Plus 2K10. These concepts and terms relate both to the subject and substance of the communication. The concepts identified here work well in both oral and written communications.

Concentric Statements

  The concentric statements concept is helpful both in writing the motion and in the strategic subpoena aspects of Actions Motions Plus 2K10. It is easy to visualize this concentric statements concept by associating it with concentric circles. This concentric statements concept involves compartments of information, with the most specific part of the information being included in each successively larger description of the information. As the name “concentric” implies, each compartment of information encompasses the information included in the smaller compartment or compartments it includes.
  It is not required that the beginning description start at the most particularized portion of the information. The initial description or boundary could be the broadest description of the information and the last description be the most particular. It is only important that the end product have an identifiable center or core of the information which is the most specific description of the information  and each of the other descriptions of the information in a progression encompass the other descriptions of the information.
  Each progressively larger description of the information will include a description that includes the information or item included in the smaller boundary of information.
  To more specifically state how this concept works, lets use a very simple request for information in a Brady type of motion. The boundaries of the most particular description of information requested would be a very specific item, the boundary of the next information would encompass the specific item within the first described boundary but would include additional very similar items. The next boundary would include a larger range of information. However, the description of the information would be broad enough to include everything in the two previous more particular requests. So go the bounds of the request until they reach the outer limits of reasonableness. Obviously we could start the request in inverse order and the principles of the concept are still operative.
  For example, Joe Jones seeks the picture of a gun taken from the wallet of the victim. Joe Jones seeks all pictures taken from the wallet of the victim. Joe Jones seeks all pictures taken from the scene of the crime. Joe Jones seeks all pictures relating to this case. And so widens the concentric descriptions of the information.
  This concept is not limited to a request for information or an item but can also include the manner in which you describe or disseminate information. A simplistic example of this use of the same concentric concept follows. Joe Jones was shot in the hand. The gunshot wound to Joe Jones's hand created a series of problems. First he lost use of his arm because of the wound to his hand. After Joe Jones lost the use of his arm because of the gunshot wound to his hand he was unable to work. The concept goes much as the nursery rhyme about the trip to St. Ives. As you remember, it was on the trip to St. Ives, where first there was a meeting of a man with seven wives, each with seven cats, each with seven lives, etc.
  The benefits of the concentric statement concept in the legalistic reasoning basic system of advocacy is that you meet the ever increasing demands of particularity with our encompassing surrounding descriptions to cover the overlooked or unexpected possibilities. The benefit to the persuasion basic system of advocacy is the repeated inclusions of the core description.
  This concept of concentric statements can apply to an entire document or entire oral presentation as well as just part of the document or presentation. The concept is that the document or oral presentment will be so multipurpose that it is an ocean with an area of specificity where a gnat may drink, while at the same time serving the purpose of providing a bathing place for an elephant.


  A closely related concept is identified as looping. This simply means taking a part of a previous statement and including it as part of the current statement. Sometimes this can be done to move from one concentric description to the other.
  Looping is most frequently used in the direct examination of a witness. The written use of looping can be much the same as the following example of looping in an oral examination.

 Q: Mr. Jones, did you get in your car?
 A: Yes.
 Q: After getting in your car, what did you do?
 A: I started the car.
 Q:  Now after getting in your car and starting it, what did you do next?
 A: I backed out of the driveway.
 Q: Now after you started the car and backed out of the driveway, what did you do?
Looping for written documents can be as simplistic as the example or, more realistically, it can become very sophisticated using the related concept of cut, paste, accumulate and incorporate. As you imagine this means taking a previously used document and importing parts of it or the entire document into the new document. This can be done by identifying the previously used material or by simply reusing the material without identifying its previous use. News articles are good material to be incorporated. Often law enforcement officials made statements to the media about the case that can be used.
  The benefits of this looping and cutting, pasting and incorporating in communicating both orally and in writing in the persuasion basic system of advocacy are that the essential descriptions of the information to be conveyed is repeated.


  Using repeaters can derive benefits similar to looping. This term, repeaters, is used to describe the multiple use of a word, sentence or phrase to start a new paragraph or expression. Needless to say, the repeaters should be buzzwords.


Percolate the information that needs to be communicated. Drip, by drip, by drip, continue to percolate the information or request until your communication has saturated both your opposition and the other triers of fact. To percolate the information means simply to create a vehicle whereby you can continuously pound your point across. This concept has an application within a single document as well as throughout the litigation.


 On the apparently opposite end of the spectrum from the percolate concept is the bomb concept. This is when you deliver the big surprise for dramatic effect. Just as important as the effect of the drip by drip continuous delivery of information is the Big Bomb impact of devastating information. After using the information for the bomb, the same information can become even more beneficial when used as subject for the percolate concept.


Tantalizers or “teasers,” as the television and radio industry call this concept, heighten the anticipation of the next motion.


 Notice to the opposing party that you plan to act in a particular case can demonstrate fairness to the trier of fact.  This warning is most often effective in the form of a letter.


 The wording contained in the dragnet  clause of financial documents is considered to be the outer limits of all-encompassing descriptions of information. These dragnet clauses are in most  of your client's loan documents that pledge security as collateral.
 This dragnet clause in security agreements often reads as follows.


Or any renewal of the whole or any part thereof and any and all other indebtedness now due by grantor to grantee or hereafter incurred by grantor, whether directly or indirectly, as principal, endorser, guarantor, or otherwise.

 This security agreement dragnet clause includes all future financial obligations incurred by the borrower to the lender. The clause is used by lenders to obtain as much protection as possible.
 In the legalistic reasoning basic system of advocacy there is substantial case law in most every jurisdiction that supports various forms of dragnet clauses and description.  The use of this case law to meet the criminal proceedings requirements of particularity is valid.

“May I be heard?”

  One additional concept before we venture into heart of Actions Motions 2K10. This is the “May I be heard?” concept.
  There are times during proceedings when rulings or statements by the Court seem so outrageously unfair that our frustration causes us to react with a “B-B-But Judge!” or a, “You can't do that!”, statement as a preface to a oral motion. Reactions like these do not satisfy the dignity of the courtroom, and often so anger the judge that there is little or no opportunity to obtain a fair reconsideration of the court's ruling. The frustrations that accompany an unjust ruling can be relieved just as effectively and with a better chance of both prevailing and creating an adequate record if we habitually respond with the phrase, “May I be heard?” There are probably no words that better preface efforts to protect due process any more directly as any problem arises than, “Your honor, may I be heard?” If you are denied your request to be heard, the next response should be a request to make an offer of proof. The injustice in being denied these basic rights solidifies the showing of a violation of rights for post-conviction review, and measures the true unfairness of the proceeding.

Tell a Story
  Other very basic communication skills dictate that any lengthy communication have the components of an introduction, body or detailed statement and a summary. Tell `em you're coming, arrive, and then tell 'em you have been there.  Then remember, return again, again and again.  When the people in the courthouse call you “Duracell” you are getting the job done.
  All of the terms described in this section are buzzwords that identify the style of communicating best suited to accomplish the goals necessary for the representation model you use.


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