4.    The Factual Basis

  The Factual Basis is the heart of the action motion. It should state the facts in a manner that vindicates the Accused. This is an opportunity for unanswered advocacy; to take full advantage of the opportunity to present the facts as you and your client perceive them. Under all four of the basic systems of advocacy you have an opportunity in this part of the Action Motions 2K10 to clearly individualize the issues to your client.
 Write these facts plainly so that any lay person can understand the injustices done to your client. Give great consideration to the effect each aspect of the motion will have on the model of representation you are using.

  Examples of Factual Basis

Randall Sherrod Is Using The Disqualification/Recusal Motion Of Judge Pirtle As A Delaying Tactic

   If one believes that by attempting to disqualify Judge Pirtle, Randall Sherrod is seeking fairness for Douglas Palmer in a judge, or fairness in any other way, that person is a prime candidate to purchase the Brooklyn Bridge. Randall Sherrod does not think Judge Pirtle is a material witness. Randall Sherrod is not seeking a fair trial for Douglas Palmer. Randall Sherrod only wishes to delay the presentation of evidence against Dr. Erdmann. Randall Sherrod wants to continue his cover-up of Dr. Erdmann's unprofessional and criminal behavior.

See No Evil, Hear No Evil, And, By All Means, Speak No Evil

   Mr. Sherrod, Mr. Hill and Mr. Ware were like the Three Monkeys who saw, heard and spoke no evil. Sherrod sees no evil in Erdmann's failure to document his findings. Hill saw the evil in Erdmann's biased opinions and put a stop to it in his jurisdiction, but failed to warn County Commissioners throughout the state who were still using Erdmann to perform hundreds of autopsies each year. Ware also saw the evil flourishing in his jurisdiction, but he put his fingers in his ears when law enforcement officers asked him to do something about it.

Next Page
Click Here to Skip Action Motions 2K10  and Go to Conflictineering