ROL_2016-02-19_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:31.000]  The markets for Friday, February 19, 2016, are currently treading with gold at $1,225.73 an ounce, silver at $15.33 an ounce,
[00:31.000 --> 00:44.000]  Texas crude at $30.77 a barrel, and Bitcoin is currently sitting at about $418 U.S. currency.
[00:44.000 --> 00:53.000]  Today in history, the year 1942, through Executive Order 9066, President Franklin D. Roosevelt authorized the deportation and incarceration
[00:53.000 --> 00:59.000]  of nearly 130 mainland Japanese Americans who were forcibly relocated from their West Coast homes.
[00:59.000 --> 01:04.000]  The presidential order allowed regional military commanders the power to declare that all people of Japanese ancestry
[01:04.000 --> 01:10.000]  were excluded from the entire West Coast, except, of course, for those within government camps,
[01:10.000 --> 01:17.000]  American concentration camps, today in history.
[01:17.000 --> 01:23.000]  In recent news, U.S. Attorney Ellen Decker wrote in a court filing today in Riverside, California that Apple,
[01:23.000 --> 01:29.000]  quote, has the technical ability to comply with the court order and is refusing to assist because of concerns to its business model
[01:29.000 --> 01:32.000]  and public brand marketing strategy.
[01:32.000 --> 01:37.000]  This is after Apple CEO Tim Cook a few days ago released a public statement to his customers and investors,
[01:37.000 --> 01:42.000]  stating that, quote, the United States government has demanded that Apple take an unprecedented step,
[01:42.000 --> 01:44.000]  which threatens the security of our customers.
[01:44.000 --> 01:48.000]  We oppose this order, which has implications far beyond the legal case at hand.
[01:48.000 --> 01:54.000]  This bold statement came into compliance to a court order by California Judge Sherry Pine for Apple to develop a new version
[01:54.000 --> 02:00.000]  of the iPhone's operating system, which would allow the FBI to use its computers to guess the passcode quickly
[02:00.000 --> 02:03.000]  without getting locked out for making too many guesses.
[02:03.000 --> 02:11.000]  Apple has until February 26 to respond to the court order.
[02:11.000 --> 02:17.000]  The United States government has issued a license to Boeing today for them to be able to conduct negotiations with airlines in Iran.
[02:17.000 --> 02:21.000]  However, further approvals would be needed in addition in order to make sales.
[02:21.000 --> 02:24.000]  Analysts are noting that Boeing faces numerous challenges in Iran.
[02:24.000 --> 02:30.000]  The country may not be able to afford many of their planes, and financial backers may consider investing in leases or sales
[02:30.000 --> 02:35.000]  to be too risky due to the possibility of repossessing aircraft in a bankruptcy.
[02:35.000 --> 02:44.000]  Iran continues to fly much older Boeing planes, including 11 747s that date from 1969 to 1988, according to Flight Global.
[02:44.000 --> 02:47.000]  Separately, General Electric, which makes engines for Boeing planes,
[02:47.000 --> 02:55.000]  stated that it's also applied for a U.S. license to sell engines and parts in Iran, though it hasn't been granted yet.
[02:55.000 --> 03:00.000]  It has been your lowdown for February 19, 2016.
[03:25.000 --> 03:36.000]  OK, howdy, howdy.
[03:36.000 --> 03:46.000]  This is Randy Kelkin, Radio on this Friday, the 19th day of February 2016.
[03:46.000 --> 03:53.000]  And I was going to start off today with something I'm working on.
[03:53.000 --> 04:00.000]  I've been working on an e-book and I've been talking about parts of it online.
[04:00.000 --> 04:08.000]  Today I'm going to talk about how to write legal documents.
[04:08.000 --> 04:10.000]  I'm doing a whole section on that.
[04:10.000 --> 04:20.000]  I'm going to talk about the aspect of writing a legal document from the perspective of flow.
[04:20.000 --> 04:26.000]  I've touched on flow before, but not in depth.
[04:26.000 --> 04:32.000]  So today I'm going to talk about the concept of flow.
[04:32.000 --> 04:39.000]  Human beings, we have the ability to look at lines on paper.
[04:39.000 --> 04:44.000]  And from those lines and spaces, we create meanings and understandings.
[04:44.000 --> 04:48.000]  We have realizations and epiphanies.
[04:48.000 --> 04:57.000]  In order to do this effectively, we need our capacity finally focused on the process.
[04:57.000 --> 05:01.000]  I'm trying to read this and what I've got written in it doesn't read so well.
[05:01.000 --> 05:04.000]  Flow.
[05:04.000 --> 05:11.000]  Everyone's had the experience of reading a book that was so interesting
[05:11.000 --> 05:17.000]  and captivating that we seem to just fall into the subject matter.
[05:17.000 --> 05:24.000]  We can sit for a couple hours and read and then all of a sudden it's like we come to
[05:24.000 --> 05:30.000]  and reorient ourselves to the world around us.
[05:30.000 --> 05:34.000]  Reading may well be the most hypnotic thing that I ever do
[05:34.000 --> 05:49.000]  because when reading very well constructed prose, I often focus on the content
[05:49.000 --> 05:54.000]  to such a degree that I lose track of everything around me.
[05:54.000 --> 05:58.000]  I'm sure we've all had that experience.
[05:58.000 --> 06:09.000]  Writers who can create that kind of experience for a reader do not do so by accident.
[06:09.000 --> 06:16.000]  Being able to construct prose that engages the reader to the point that they lose track
[06:16.000 --> 06:20.000]  of everything else is a skill.
[06:20.000 --> 06:23.000]  It's not a talent.
[06:23.000 --> 06:34.000]  It's learning to manipulate a number of different tools and techniques.
[06:34.000 --> 06:44.000]  The first thing you have to do in order to engage a reader is you have to develop a rapport.
[06:44.000 --> 06:51.000]  Most people have heard the term rapport.
[06:51.000 --> 06:58.000]  But here we're going to speak to it in a finely focused perspective.
[06:58.000 --> 07:04.000]  Rapport in this case is not just getting someone to like you or agree with you
[07:04.000 --> 07:12.000]  and be essentially in step with you.
[07:12.000 --> 07:23.000]  Rapport is building a set of expectations and trust in the reader
[07:23.000 --> 07:30.000]  that the writer will fulfill those expectations.
[07:30.000 --> 07:36.000]  If this doesn't sound like it makes sense, maybe I'll work on that.
[07:36.000 --> 07:42.000]  When someone reads any particular piece of writing,
[07:42.000 --> 07:48.000]  they come to the writing from the perspective of a subject matter.
[07:48.000 --> 07:58.000]  When I read a novel, I expect something different than when I read a book on science or a textbook.
[07:58.000 --> 08:04.000]  Each one of these I'll come to from a different perspective.
[08:04.000 --> 08:07.000]  And in coming to it from that perspective,
[08:07.000 --> 08:12.000]  I will have certain expectations of what I'm going to find here.
[08:12.000 --> 08:16.000]  In this case, we're addressing legal writing.
[08:16.000 --> 08:24.000]  So when someone comes to a legal document, they have certain expectations,
[08:24.000 --> 08:31.000]  expectations of style, content, and presentation.
[08:31.000 --> 08:38.000]  In order to get and maintain rapport,
[08:38.000 --> 08:49.000]  you have to make sure that you fulfill the reader's expectation in certain areas,
[08:49.000 --> 08:53.000]  primarily style and presentation.
[08:53.000 --> 08:58.000]  And from a legal perspective, that's not too hard to do
[08:58.000 --> 09:04.000]  because we have a specific thing we're trying to do with the legal document.
[09:04.000 --> 09:09.000]  And over time, legal document style has been well developed.
[09:09.000 --> 09:13.000]  So we all pretty much know what a legal document should look like.
[09:13.000 --> 09:19.000]  We're going to get into that in somewhat more specific detail
[09:19.000 --> 09:24.000]  from the perspective of referential index.
[09:24.000 --> 09:31.000]  Now, referential index is not a term that I made up, but it's also not a common term.
[09:31.000 --> 09:35.000]  And it goes to the way the mind does what it does,
[09:35.000 --> 09:42.000]  the way the mind remembers, accumulates, gathers and accumulates information,
[09:42.000 --> 09:45.000]  and the way it retrieves information.
[09:45.000 --> 09:52.000]  Referential index are the markers that the mind uses
[09:52.000 --> 09:57.000]  to establish context for any particular piece of information.
[09:57.000 --> 10:01.000]  If you give someone a piece of information
[10:01.000 --> 10:07.000]  and you don't give them referential index, they're likely not to remember it.
[10:07.000 --> 10:13.000]  If you don't tell them why that piece of information matters
[10:13.000 --> 10:21.000]  and in what context this particular piece of information has relevance,
[10:21.000 --> 10:25.000]  then they won't remember it because they won't know where to put it.
[10:25.000 --> 10:28.000]  In order for them to be able to save information,
[10:28.000 --> 10:33.000]  they have to have a frame of reference to save it from.
[10:33.000 --> 10:36.000]  I won't get into the cognitive model.
[10:36.000 --> 10:43.000]  I have a model of the living mind where I define how all of this works.
[10:43.000 --> 10:51.000]  Just briefly to say that this aspect of mind, referential index,
[10:51.000 --> 10:54.000]  is not a conscious aspect.
[10:54.000 --> 11:01.000]  It's something we do in a secondary level of awareness.
[11:01.000 --> 11:04.000]  The conscious mind pays attention to the details.
[11:04.000 --> 11:07.000]  You have another aspect that pays attention to context,
[11:07.000 --> 11:18.000]  pays attention to the underlying structure of the information you're receiving
[11:18.000 --> 11:24.000]  so that it has a way of laying down information in an orderly manner
[11:24.000 --> 11:28.000]  where it can go back and reaccess that information.
[11:28.000 --> 11:35.000]  If you don't give someone referential index, you will lose them.
[11:35.000 --> 11:38.000]  When we talk about flow,
[11:38.000 --> 11:47.000]  someone who is able to produce prose that a reader can read and fall into
[11:47.000 --> 11:51.000]  and go into what we call a state of flow,
[11:51.000 --> 11:58.000]  that writer has been careful never to give information without referential index.
[11:58.000 --> 12:05.000]  Your reader always knows what the context of the information they're receiving is.
[12:05.000 --> 12:08.000]  When you use words,
[12:08.000 --> 12:22.000]  the words must have a meaning to the reader that fits in the context of the information around it.
[12:22.000 --> 12:31.000]  If you give someone a string of information and then drop something in there that doesn't seem to fit,
[12:31.000 --> 12:33.000]  the reader's going to be stopped.
[12:33.000 --> 12:34.000]  He's going to drop out of flow.
[12:34.000 --> 12:36.000]  He's going to look for referential index.
[12:36.000 --> 12:37.000]  He's going to look inside and say,
[12:37.000 --> 12:40.000]  okay, where does this piece of information go?
[12:40.000 --> 12:44.000]  If he doesn't know, you haven't given him a pointer,
[12:44.000 --> 12:49.000]  then he drops out of flow and has to try to figure out where to put this.
[12:49.000 --> 12:57.000]  In order to write a document that someone can understand and come away from
[12:57.000 --> 13:04.000]  with a meaning from a bunch of wiggly lines on a piece of paper,
[13:04.000 --> 13:09.000]  we have to pay real close attention to referential index.
[13:09.000 --> 13:22.000]  The rest of this presentation will essentially be about some practices that will help you maintain referential index.
[13:22.000 --> 13:26.000]  First one is the order of arguments.
[13:26.000 --> 13:32.000]  In any kind of document, any kind of reading material,
[13:32.000 --> 13:37.000]  order of arguments, everything essentially has arguments.
[13:37.000 --> 13:49.000]  I'm not speaking to arguments here in terms of father and daughter arguing or husband and wife arguing.
[13:49.000 --> 13:59.000]  I'm talking about a piece of information and how that information relates to what's around it.
[13:59.000 --> 14:05.000]  I make a statement, a fact, and then I state why that's important.
[14:05.000 --> 14:08.000]  I produce a legal document.
[14:08.000 --> 14:10.000]  There are certain things I'm going to try to do,
[14:10.000 --> 14:15.000]  and each of the things I'm going to try to do need to fall in a certain place.
[14:15.000 --> 14:24.000]  They need to land in a way that the reader will almost intuitively understand what their purpose is
[14:24.000 --> 14:28.000]  and how they fit together in the overall scheme of things.
[14:28.000 --> 14:38.000]  In that context, when creating a legal document, you should always start at the bottom, start at the end.
[14:38.000 --> 14:45.000]  Create the order first.
[14:45.000 --> 14:49.000]  The very last thing in a legal document is an order.
[14:49.000 --> 15:02.000]  You're going to ask the judge to issue an order that grants you what you want.
[15:02.000 --> 15:07.000]  If you're going to write a cogent and well-structured document,
[15:07.000 --> 15:14.000]  the first thing you have to do is decide and determine specifically what do you want.
[15:14.000 --> 15:18.000]  At the end of the day, you're going to ask for something.
[15:18.000 --> 15:24.000]  You're going to ask for an order, either from the judge or from its jury.
[15:24.000 --> 15:30.000]  First thing you need to know is what you're going to ask for at the end of the day.
[15:30.000 --> 15:32.000]  You write down the order.
[15:32.000 --> 15:37.000]  In order to produce an order, you need to go find a pattern jury charge.
[15:37.000 --> 15:50.000]  Pattern jury charges are set ways of presenting information or instructions to a jury
[15:50.000 --> 15:58.000]  as to what they must do to find for a given argument.
[15:58.000 --> 16:08.000]  It's defined for every criminal statute, cause of action, or tort.
[16:08.000 --> 16:19.000]  In the order, you will ask the court to rule in your favor based on certain elements
[16:19.000 --> 16:25.000]  of either criminal statutes, causes of action, or tort.
[16:25.000 --> 16:28.000]  Each one of those has a set of legal elements.
[16:28.000 --> 16:33.000]  You're going to ask the court to rule that it found, say if you're the plaintiff,
[16:33.000 --> 16:36.000]  it found this element, it found this element, it found this element.
[16:36.000 --> 16:44.000]  Therefore, it finds in favor of you on this cause of action or this tort.
[16:44.000 --> 16:51.000]  Each one of those has a very specifically defined set of elements.
[16:51.000 --> 17:00.000]  You're going to get the charge to the jury because this will all go to flow.
[17:21.000 --> 17:41.000]  In the order, you will ask the court to rule in your favor based on certain elements of either criminal statutes,
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[19:08.840 --> 19:28.920]  Okay, we are back.
[19:28.920 --> 19:34.840]  Randy Kelton, Real Law Radio on this Friday, the 19th day of February 2015.
[19:34.840 --> 19:43.160]  When you write a legal document, first thing to do is write up the order that you want
[19:43.160 --> 19:44.280]  the judge to sign.
[19:45.560 --> 19:54.360]  Once you have that order structured in the verbiage of the pattern jury charges for your state,
[19:56.600 --> 20:02.040]  and you get the pattern jury charge for each cause of action where you have more than one
[20:02.040 --> 20:07.560]  cause of action or where you have more than one type, for each type of cause of action
[20:07.560 --> 20:09.000]  there will be a jury charge.
[20:09.000 --> 20:10.760]  So you get the jury charge for each of those.
[20:11.640 --> 20:20.840]  You look at your cause of action and you ask the judge to rule on each element.
[20:22.040 --> 20:30.280]  Now, once you have that done, drop it in a separate document and put it up in the upper
[20:30.280 --> 20:34.920]  left hand corner of your screen and leave it there.
[20:35.560 --> 20:38.440]  Then go ahead with your document.
[20:39.000 --> 20:46.120]  You leave it up there so it's always in your referral vision because this is going to be
[20:46.120 --> 20:51.000]  the key focus around which everything else is structured.
[20:52.280 --> 20:58.280]  By keeping that order in your field of vision all of the time,
[20:58.280 --> 21:07.400]  it'll help to remind you that anything you put in this document, any fact, any law, any
[21:07.400 --> 21:16.200]  argument, must lead toward one of the elements of one of the causes of actions in that order.
[21:17.160 --> 21:20.680]  If it doesn't, take it out of your document.
[21:20.680 --> 21:31.000]  Take it out of your document. This will help to keep you from drifting off into arguments
[21:31.000 --> 21:37.400]  that may be very compelling and may be very interesting, but they're not relevant to the
[21:37.400 --> 21:46.200]  current circumstance and they'll wind up either the court will listen patiently while you
[21:46.200 --> 21:50.840]  go to all the trouble to go through these arguments and then they'll completely ignore
[21:50.840 --> 21:53.480]  them or they'll get objections for relevance.
[21:54.920 --> 22:02.360]  For our purpose, we're writing a document for the purpose of flow and we want to keep our
[22:02.360 --> 22:10.120]  reader in the flow all of the time. Creating the order first gives us a
[22:10.120 --> 22:13.480]  set of directions of how to build the rest of the document.
[22:13.480 --> 22:21.000]  Once we built the order, then we build a prayer. I talked to Jeff Cedric today and he chastised
[22:21.000 --> 22:27.880]  me about using that old archaic term. He says that prayer is not specifically used
[22:28.520 --> 22:33.240]  so much anymore that they've gone to other methods like wherefore.
[22:36.520 --> 22:40.760]  That may be, and I've seen documents where the lawyer does an argument
[22:40.760 --> 22:48.600]  where he says that the plaintiff will prove this, will prove this, will prove this, will
[22:48.600 --> 22:55.560]  prove this, and then when he gets to the end of the document, he'll say wherefore, he
[22:56.360 --> 23:04.040]  requests the court does this, wherefore, he requests he does that. Well, that may be a
[23:04.040 --> 23:13.560]  be a method that's used. It's not a very good one because it doesn't clearly demarcate
[23:13.560 --> 23:19.000]  one part of the document from the other. Now, whether you use the word term prayer or not,
[23:21.480 --> 23:25.560]  you need something to separate the portions of the document.
[23:25.560 --> 23:29.720]  When we get to the section on style, we'll talk about
[23:29.720 --> 23:35.320]  headings. Headings are really important. And just so this makes sense at this point,
[23:36.040 --> 23:41.160]  one of the things I do when I evaluate somebody's documents, the first thing I do is go down the
[23:41.160 --> 23:47.880]  document and put a heading on every paragraph. If you're going to keep your document cogent
[23:47.880 --> 23:51.640]  and well structured, you need a heading on every paragraph. You need something to tell
[23:51.640 --> 23:58.360]  you exactly what this paragraph is for and keep everything in the paragraph true.
[23:58.360 --> 24:03.560]  Anything in the paragraph true to the heading. That's out of place. We'll get back to that a
[24:03.560 --> 24:13.480]  little bit later. But for now, we want the I'm going to call it a prayer. We want a section
[24:13.480 --> 24:20.600]  where we ask the court to do what we want the court to do. And the prayer should essentially
[24:20.600 --> 24:31.400]  look almost exactly like the order. Except in the order, you write it from the perspective of the
[24:31.400 --> 24:39.240]  judge. This is where the judge is saying he orders this, he orders that. Judges don't want to write
[24:39.240 --> 24:42.120]  up their own orders. They want you to do it for them so they don't have to do any work.
[24:43.240 --> 24:48.520]  In the prayer, it should look just like the order, except it should tell the judge, I want you to
[24:48.520 --> 24:55.480]  rule for me on this element, on this element, on this element, and on this cause of action.
[24:56.040 --> 25:01.080]  So you create a prayer just from a somewhat different voice, the voice where you're asking
[25:01.080 --> 25:07.640]  for the ruling. And then in the order is the document where the judge can grant you the
[25:07.640 --> 25:16.040]  ruling. These both look at pretty much the same except for voice. And from the prayer,
[25:16.040 --> 25:21.160]  you go to a statement of facts. Okay, let me back up just a little bit just so Jeff doesn't beat me
[25:21.160 --> 25:29.160]  up. There are certain things that are required in a document. And I'm not following, I'll get
[25:29.160 --> 25:35.880]  to those, but I'm not following them in order. In order for this to better understand what I'm
[25:35.880 --> 25:41.000]  doing here, normally in a document, you start with the heading of the document, what the document's
[25:41.000 --> 25:48.840]  about. Then you put in a brief statement of what it is you're going to attempt to prove,
[25:49.960 --> 25:58.040]  or what you're going to ask the court for. So this gives the reader a referential index.
[25:59.000 --> 26:06.760]  It gives the reader a context from which the reader should consider all of the information
[26:06.760 --> 26:15.480]  that follows. Then you would go to a section naming who the litigants are, then jurisdiction
[26:15.480 --> 26:23.320]  and venue showing how the court has jurisdiction and venue to hear this particular argument.
[26:23.320 --> 26:34.760]  Then you'd go to a statement of facts, arguments in support, conclusion, prayer, order. We're not
[26:34.760 --> 26:38.600]  going to go in that order. We're going to start with the order first. We're going to go to the
[26:38.600 --> 26:47.560]  prayer second. Now we have direction, and that's for our benefit. Now we know what it is we're
[26:47.560 --> 26:54.840]  going to try to end up with. So next we go to a statement of facts. The first thing we do in
[26:54.840 --> 27:01.800]  creating a statement of facts is we create a timeline. If I ask someone to create a statement
[27:01.800 --> 27:10.200]  of facts, especially someone who's not a trained and accomplished lawyer, it has to be trained
[27:10.200 --> 27:14.360]  and accomplished because if I ask a young lawyer to give me a statement of facts, I'll get
[27:16.600 --> 27:21.240]  facts intermingled with opinions and arguments.
[27:22.440 --> 27:27.560]  So I ask for a timeline first. This happened, this happened, this happened, just the date
[27:27.560 --> 27:33.960]  and what happened. Very briefly, just enough to tell me what happened. Don't tell me why,
[27:33.960 --> 27:38.120]  don't tell me the significance of it. Just put down what happened and make a list of that.
[27:38.920 --> 27:41.240]  This is a mnemonic device. It's a memory device.
[27:43.240 --> 27:55.080]  People who have been through situations before a court generally have invested a bit of
[27:55.080 --> 28:04.200]  emotional trauma into the content. So when I ask someone to tell me what happened,
[28:05.400 --> 28:11.960]  in order for them to be able to tell me what happened, they have to go in and re-access
[28:11.960 --> 28:20.760]  a memory. And to re-access a memory, they must re-access or revivify
[28:20.760 --> 28:27.720]  the context in which the memory occurred. And if it was traumatic, they have to re-experience
[28:27.720 --> 28:35.480]  all that trauma. Anybody out there who's ever been in a case that was of great personal
[28:35.480 --> 28:42.120]  importance to themselves, when they're asked to relate the facts of the case, it is very difficult.
[28:43.640 --> 28:48.920]  Because in order to do that, you have to go re-experience all this trauma and
[28:48.920 --> 28:55.320]  while it's difficult, it's hard to get people to actually do this because it is so difficult,
[28:55.320 --> 29:01.240]  it's also hard for the individual to give you a true and accurate set of facts.
[29:02.840 --> 29:08.760]  There is a more serious issue about how this perverts memory, but I'll get to that in another
[29:08.760 --> 29:16.520]  presentation. Each time you have a memory, you tend to forget the original memory.
[29:16.520 --> 29:21.400]  You tend to forget the original memory and replace it with the new memory you just had.
[29:23.160 --> 29:30.200]  If you're accessing things that happen from an emotional perspective, every time you access them,
[29:30.200 --> 29:35.160]  the memory you hold will be adjusted somewhat and that can be a very serious problem. So
[29:35.160 --> 29:39.560]  first thing we do is we ask for a timeline. Timeline is a different context.
[29:40.680 --> 29:44.360]  You're not asking them to re-experience what happened. Don't tell me all the stuff that
[29:44.360 --> 29:53.880]  happened. Just give me timeframes. Now I've got the timeline laid out and I can look at that timeline
[29:54.600 --> 29:58.840]  and select one little section of this whole traumatic event.
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[33:25.960 --> 33:34.840]  Okay, we are back. Brandon Kelton, Rule of Law Radio, and we're talking about
[33:36.520 --> 33:43.240]  flow when we went out when I fell off the cliff there. We were talking about creating a timeline,
[33:43.240 --> 33:48.760]  timeline as a memory device. We won't actually include the timeline in our
[33:48.760 --> 33:56.760]  timeline in our final document, but the timeline is for the purpose of helping us organize the facts
[33:57.560 --> 34:08.600]  in a way that won't contaminate the content. If you ask someone to relive the event
[34:09.960 --> 34:14.680]  by giving you a statement of facts, it has a tendency to contaminate the content.
[34:14.680 --> 34:22.200]  Timeline doesn't do that so much. It doesn't re-access the trauma. Once we get a timeline now,
[34:22.200 --> 34:26.520]  then we can set it aside a day or so and then go back and look at it again.
[34:28.120 --> 34:36.920]  As we look at each date, new pieces of information will pop into the mind that you can stick into the
[34:36.920 --> 34:42.520]  empty places. Once you've done this a time or two, you'll have a pretty complete timeline.
[34:42.520 --> 34:49.320]  Now, once you have the timeline completed, now we get to probably the most important part about
[34:49.320 --> 34:59.880]  facts, is you write a story. Take this list of facts or a list of times things happened,
[35:01.000 --> 35:07.880]  and you take the first two dates and say, on this date, this happened, and tell the things that occurred
[35:07.880 --> 35:19.320]  from the context of leading to the next point on your timeline. You state what occurred in terms of
[35:19.320 --> 35:25.160]  facts this time, but now we're not looking at the whole situation. We're just looking at one portion
[35:25.160 --> 35:32.360]  of it. We tell the facts in a way so that they lead from this point on the timeline to the next
[35:32.360 --> 35:40.920]  point on the timeline, and you go through all of the points on the timeline, telling the things
[35:40.920 --> 35:48.920]  that happened in a story format. Now, when you state a fact, and for the purpose of this,
[35:48.920 --> 35:57.720]  this will be attached to the document as an affidavit of fact. So, when you state a fact,
[35:57.720 --> 36:08.840]  affidavit of fact. So, when you write this, avoid getting into arguments or expressing opinions,
[36:08.840 --> 36:16.200]  and the way you can avoid that is at the end of each sentence. Add, in my opinion,
[36:17.480 --> 36:25.880]  if the sentence reads grammatically accurate, if it makes sense to it in that way, most likely
[36:25.880 --> 36:31.400]  it's not a fact at all, but it's an opinion or legal conclusion. Go back and look at it,
[36:31.400 --> 36:39.800]  and make sure it only states a fact and does not argue an issue. So, once you have a story
[36:41.160 --> 36:49.800]  that ties all the facts together, now you have a primary, very powerful tool. One of the main
[36:49.800 --> 37:00.200]  things we must do in developing a legal document or developing a case is we must get the facts
[37:00.200 --> 37:08.600]  before the court. If you put the facts in an affidavit form, and by turning it into a story,
[37:09.160 --> 37:15.320]  an ordinary person of reasonable prudence can read this document and make sense of it.
[37:15.320 --> 37:25.560]  This will cause you to automatically supply foundation. We've all heard
[37:28.760 --> 37:35.080]  program watch programs where these lawyers are up there examining a witness and one objects,
[37:35.080 --> 37:41.880]  objection, foundation. You can't just put information before the court. Before you put
[37:41.880 --> 37:47.880]  information before the court and onto the record, you must have testimony to show why that
[37:48.520 --> 37:57.800]  information is relevant. So, when you write a statement and a facts in a story format,
[37:59.480 --> 38:07.320]  you will necessarily do those things to give the reader a referential index,
[38:07.320 --> 38:11.560]  to give the reader an understanding of why this facts fits where it does.
[38:12.600 --> 38:19.480]  Once you have that, now you take your statement of facts, take your affidavit
[38:20.360 --> 38:27.480]  and extract from it a pure statement of facts. Fact one, this happened. Fact two, this happened.
[38:27.480 --> 38:37.960]  For each one on a separate line, one sentence, one line, one object or one subject, one verb.
[38:40.840 --> 38:46.920]  Create a list of facts that this will go into the document itself as a statement of facts.
[38:48.120 --> 38:54.600]  Now look closely at this statement of facts and writing the story should help get these in an
[38:54.600 --> 39:03.640]  order. The statement of facts must include all of the facts you need to prove up each of the elements
[39:04.200 --> 39:10.600]  of each cause of action. Sometimes when you write a statement of facts,
[39:12.520 --> 39:18.840]  in order for the statement of facts itself to make sense to a reader and to help a reader with flow,
[39:18.840 --> 39:28.680]  the reader needs to understand how one fact relates to another. So by structuring this,
[39:29.720 --> 39:36.920]  the statement of facts so that it addresses facts that goes to each of your causes of action,
[39:37.400 --> 39:47.160]  you should write your story while paying attention to your order. These are the issues in the order
[39:47.160 --> 39:53.400]  you're going to try to prove. You put the issues in the order that they will come in your argument.
[39:54.200 --> 40:01.080]  You state the facts in the order they will come in your argument so that the reader from
[40:01.080 --> 40:10.600]  the beginning finds what he expects to find. We're going to write the heading to the whole
[40:10.600 --> 40:17.400]  document last. We're going to write the introduction to the heading next to last.
[40:18.920 --> 40:24.840]  And the reason for that is, is once we have the whole argument in place, we write the introduction
[40:24.840 --> 40:30.920]  so it tells the reader we're going to go from this point to this point to this point to this point to
[40:30.920 --> 40:35.720]  this point and that sets up an expectation. And then when the reader looks at your statement
[40:35.720 --> 40:42.440]  of facts, the statement of facts follows right down that introduction. You address the issues
[40:42.440 --> 40:46.440]  you told the reader you would address in the order you told them you would address them.
[40:47.480 --> 40:53.160]  So in our statement of facts, it's important we pay close attention to that order or the prayer
[40:53.720 --> 40:59.160]  so that we follow all of the issues that are in the order of prayer in the order they come.
[40:59.160 --> 41:06.520]  Okay, once we have our statement of facts together and the statement of facts, writing a statement
[41:06.520 --> 41:12.040]  of facts is an art. As you write the statement of facts, you may go back to your affidavit and make
[41:12.040 --> 41:20.600]  some adjustments because you want to make sure that when the reader reads a fact, he doesn't,
[41:20.600 --> 41:27.960]  it doesn't cause a pattern interruption and it doesn't stop him. You want to make sure that if
[41:27.960 --> 41:37.000]  you create a question in the mind of your reader, you did not do so by accident. It's okay to create
[41:37.000 --> 41:43.000]  a question in the right mind of your reader, but you have to know you're doing it. Anybody here
[41:43.000 --> 41:48.600]  who's ever been to a seminar where someone's up there presenting a question, you know,
[41:48.600 --> 41:55.640]  where someone's up there presenting a lot of information, they oftentimes they'll say something
[41:55.640 --> 42:02.120]  and something in your mind to say, huh, what, what was, wait a minute, what did he mean by that?
[42:02.120 --> 42:06.760]  That's a massive pattern interruption. You have completely dropped out of flow.
[42:07.720 --> 42:14.280]  The presenter has totally lost you and he's not going to get you back until you get that question
[42:14.280 --> 42:25.000]  answered. I read the Lord of the Rings trilogy in the first book, Brotherhood of the Rings,
[42:25.000 --> 42:34.440]  the Frodo gets stabbed by a ringwraith and they bring in this elf to take Frodo to Rivendell.
[42:35.240 --> 42:40.920]  Tolkien spends 50 pages giving us the whole life history of this elf.
[42:40.920 --> 42:45.640]  I read all three volumes and when I finished The Return of the King,
[42:46.440 --> 42:59.240]  I thought, where is the elf? He never came back. I was furious. He ruined the whole series for me
[42:59.240 --> 43:06.440]  because he put that guy in there and created an expectation that he was going to be a major
[43:06.440 --> 43:12.680]  character and they never brought him back. I've spent the whole time looking for this
[43:13.640 --> 43:17.720]  elf to come back and ruin the whole thing for me. I was annoyed. So be careful
[43:18.920 --> 43:22.120]  of how you create expectations in the mind of your reader.
[43:24.360 --> 43:29.960]  Tell them what you're going to tell them and then tell them that in the order you told them
[43:29.960 --> 43:34.120]  you were going to tell it to them. This keeps them in flow. When you read the facts,
[43:34.120 --> 43:40.120]  they need to read one fact and know and understand and to believe when they read the next fact,
[43:40.120 --> 43:47.320]  how these two fit together. If it's not clear, you may have to go to break. We'll be right back.
[43:47.320 --> 43:52.040]  This is Randy Kelton, Wheel of Law Radio. I actually didn't fall off the cliff this time.
[43:52.040 --> 43:53.080]  We'll be right back.
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[46:22.280 --> 46:33.800]  Okay, we are back. Randy Kelton, rule of law radio. Statement of facts. When you put in facts,
[46:34.360 --> 46:40.920]  sometimes you may have to put in facts that are not material. For the most part, you want all of
[46:40.920 --> 46:47.240]  your facts to be material. You want them to matter and you want them to have foundation.
[46:47.240 --> 46:53.880]  So sometimes in a statement of facts, since you're not giving explanation, you may have to add some
[46:53.880 --> 47:04.280]  facts that are not necessarily material, but have the purpose of giving foundation or direction.
[47:04.280 --> 47:12.600]  So you maintain a line of referential index so that when the reader reads one fact, material fact,
[47:12.600 --> 47:19.560]  then the next material fact, he already understands why that fact matters. And sometimes you have to
[47:19.560 --> 47:27.000]  put in a couple that are not material to the case overall, but are necessary to direct the mind of
[47:27.000 --> 47:33.000]  your reader so he doesn't stop and wonder why you have that fact in there. Once you've done this
[47:33.000 --> 47:41.400]  once, it'll become very clear what we're doing here. So you develop your set of facts to
[47:41.400 --> 47:50.760]  mirror the order, mirror what you're going to ask for in the order. You develop facts that
[47:50.760 --> 48:01.240]  a reasonable person of ordinary prudence could read and they would interpret your facts to go
[48:01.240 --> 48:08.280]  to the conclusions you're going to ask the reader to come to. In the order they're going to expect
[48:08.280 --> 48:15.400]  to find them. And if you've already told them what you're going to be proving, they will read
[48:15.400 --> 48:24.520]  these facts from the perspective of your original introduction that lists all of the things you're
[48:24.520 --> 48:29.640]  going to prove. They'll look at the facts and see how they apply to all of these things you're going
[48:29.640 --> 48:34.920]  to approve. And this will help you maintain flow. And once you have your statement of facts,
[48:34.920 --> 48:43.800]  then you go to your argument and support. Now, the argument and support should obviously follow
[48:43.800 --> 48:49.800]  the statement of facts. What I normally do when I create an argument and support or points and
[48:49.800 --> 48:55.640]  authorities, whatever they want to call it, I like to call it a statement of factual accusation
[48:55.640 --> 49:01.080]  because I'm going to take the facts, I'm going to copy them down into this section. And then I'm
[49:01.080 --> 49:07.000]  going to start filling in the arguments that we've been careful to keep out of this thing.
[49:07.960 --> 49:15.720]  Now we start filling in the arguments as to why these facts matter. Your only purpose in the
[49:16.200 --> 49:25.560]  trial court is to get the facts and the law on the record. You don't never expect to win in the trial
[49:25.560 --> 49:31.400]  court. Now you may win in the trial court, and if you do, that's great, that's wonderful. But where
[49:31.400 --> 49:39.000]  you really expect to win is on appeal. So all you're really doing in the trial court is getting the
[49:39.000 --> 49:44.200]  facts and the law on the record. The statement of facts is where you get the facts on the record.
[49:45.080 --> 49:52.360]  You have to get the facts on the record with foundation in order for a fact to be accepted
[49:52.360 --> 49:57.960]  into the record, it must have foundation. And that's what our story does, is it tries to develop
[49:57.960 --> 50:05.000]  foundation for each of the facts. And then now we go to the argument and support and the argument
[50:05.000 --> 50:14.280]  and support, a few rules. Never ever make a proactive statement of law out of your own mouth.
[50:15.880 --> 50:21.160]  You can make all the proactive statements of law out of your own mouth that you want to,
[50:21.160 --> 50:27.720]  and the judge will listen patiently and may even nod agreement. He may actually agree with you.
[50:28.200 --> 50:34.040]  You can make a convincing and cogent argument, and the judge will sympathize with you and agree
[50:34.040 --> 50:43.640]  with you, but he cannot rule in your favor. The judge cannot rule the way he thinks he should rule.
[50:43.640 --> 50:51.000]  He cannot rule based on what he thinks is just. And elsewhere in this document, I speak to the
[50:51.000 --> 50:57.080]  fact that the court should not there to provide justice. The court should there to provide a
[50:57.080 --> 51:07.400]  consistent application of law. If you want justice, if the consistent application of law is not
[51:07.400 --> 51:14.360]  generating justice, go to the legislature and insist that they change the law. The last thing
[51:14.360 --> 51:22.040]  we want is a judge getting up there on the bench and deciding what he personally thinks is just
[51:23.240 --> 51:30.120]  at this particular moment. Because he may just have had an argument with his wife. And if you're in a
[51:30.120 --> 51:35.880]  divorce proceeding and you're the wife, you don't want that judge deciding that you're going to
[51:35.880 --> 51:43.800]  have that judge deciding what he thinks is just at this moment. You want him applying the law to the
[51:43.800 --> 51:52.680]  facts. That's all. Leave justice to the legislature. So we want to give the judge the facts and the law.
[51:52.680 --> 52:00.440]  We've already given the facts. Now we go in and apply the law to the facts and show how these facts
[52:00.440 --> 52:07.480]  should lead to a particular conclusion. And we'll get to the conclusion in a moment.
[52:09.000 --> 52:21.000]  Citations. Anytime you put a citation in the body of your document, you should always mark it.
[52:22.040 --> 52:28.040]  I'm not familiar with how to do it in Word Perfect, but in Microsoft Word, you can
[52:28.040 --> 52:36.280]  mark citations as a special section for that purpose. And it's under the very top ribbon,
[52:36.280 --> 52:42.920]  you go to references. And then about two thirds of the way across. So the first thing you've got is
[52:42.920 --> 52:51.160]  table of contents under references. And we'll talk about table of contents in the style section.
[52:51.160 --> 52:56.760]  For legal documents, that is of critical importance. And then about halfway over, you have
[52:56.760 --> 53:03.000]  all the way at the left-hand side, you have table of authorities.
[53:03.880 --> 53:12.040]  So when you put a citation in, highlight the citation, then go to references, mark citation.
[53:13.400 --> 53:20.200]  And then it'll pop up a screen where you can select whether it's case law, statute, treatise,
[53:20.200 --> 53:27.480]  whatever. And you mark that and just click on it and keep going. It puts in a set of code
[53:27.480 --> 53:32.200]  that you normally can't see. There's a way to turn it on and off, but normally it doesn't appear in
[53:32.200 --> 53:37.560]  the document. So you won't really see it, you won't want to interrupt the document. But when
[53:37.560 --> 53:44.680]  you're finished, you can set your cursor somewhere on the page where you want your table of authorities
[53:44.680 --> 53:53.960]  to occur. And you click references, mark citation, and then there's a box up there for table of
[53:53.960 --> 53:59.400]  authorities. You click on it and it will automatically create your table of authorities for you.
[53:59.400 --> 54:06.760]  This will save you a tremendous amount of work, especially if you're doing a habeas, mandamus,
[54:06.760 --> 54:14.200]  or a certiorari, or an appeal. Appellate documents require that. They have a table of authorities
[54:14.200 --> 54:23.000]  and a table of contents. So when you're, most of all of this, all the citation markings should occur
[54:23.880 --> 54:33.720]  in your argument and support. You'll have a little bit of case law in your jurisdiction and venue,
[54:33.720 --> 54:38.280]  but for the most part, all of your case law should occur in your argument and support.
[54:39.640 --> 54:48.280]  Okay. Once you've finished the argument and support, then you write your conclusion.
[54:49.320 --> 54:57.880]  Essentially, you say, we just went through all of the facts and the law. Now, this is what you
[54:57.880 --> 55:06.920]  should conclude. And in this conclusion, you should address each cause of action and each element.
[55:08.200 --> 55:14.680]  In the argument and support, there's a section I don't see in here that I should have in here,
[55:15.160 --> 55:22.040]  and that is causes of action. You should list out your causes of action. Generally,
[55:22.040 --> 55:29.480]  I do that in the argument and support. As I argue these, I state a cause of action,
[55:30.360 --> 55:37.080]  and then I apply, I state the facts that apply to that cause of action, and then apply a lot of
[55:37.080 --> 55:46.600]  the facts. So you will incorporate your argument and support with causes of action. Or you can call
[55:46.600 --> 55:52.680]  with causes of action. A lot of documents have this labeled causes of action.
[55:53.640 --> 55:59.160]  So you don't want to just list causes of action. A lot of proceeds, they claim a cause of action,
[55:59.160 --> 56:04.040]  and they just list the cause of action, list all the elements, and they don't give the facts
[56:04.040 --> 56:10.040]  and the law to support them. So, okay, argument and support done. Then we do a conclusion.
[56:10.040 --> 56:18.040]  We briefly show how the facts and the law are such that the judge should conclude that this
[56:18.040 --> 56:25.080]  element exists, this element exists, this element exists, and therefore, or you have a right to this
[56:27.960 --> 56:35.640]  outcome. Okay. Once you have the conclusion finished and the conclusion should follow the prayer
[56:35.640 --> 56:45.720]  or the order, same order of issues as you find in the order you want the judge to produce.
[56:48.040 --> 56:54.040]  Now you create your introduction. You notice you create your introduction
[56:55.320 --> 56:59.320]  next to the last. The last thing you're going to create is the heading of the document.
[56:59.320 --> 57:07.000]  But the next to the last thing you create is your introduction. Now that you've put all of the
[57:08.040 --> 57:16.600]  facts, causes of actions, argument and support, now you go up to the top and tell all the court,
[57:16.600 --> 57:23.720]  tell the reader, this is what we're going to prove. And you give a brief statement of everything that
[57:23.720 --> 57:35.640]  you already have in the document. This way, when a reader reads the introduction and from
[57:35.640 --> 57:41.160]  the introduction goes to the statement and the facts. The statement of facts will precisely
[57:41.160 --> 57:46.680]  follow the introduction. The argument and support will precisely follow the statement of facts.
[57:46.680 --> 57:53.960]  The argument and support will precisely follow the statement of facts. The conclusion, the prayer,
[57:53.960 --> 57:59.160]  they will all follow one from another. And your reader will be able to read this
[58:00.120 --> 58:07.960]  and never lose track of where he's at. It will protect you from wandering around in your arguments,
[58:07.960 --> 58:16.840]  from re-arguing things two or three times and just generally getting lost in the documents. Real short
[58:16.840 --> 58:23.720]  documents are not a problem, but large complex documents, original pleadings can be very difficult
[58:23.720 --> 58:30.200]  to keep you alive and of thought. And this method will help you do that. When we come back, I have
[58:30.200 --> 58:36.680]  one more section that's on document styling. And that's all. I'm going to run out of time,
[58:36.680 --> 58:42.200]  so I won't do any more on this tonight. This is Randy Kelton, Renova Radio. I call it number
[58:42.200 --> 59:10.120]  512-646-1984. When we have the call lines open, we'll start taking your calls after this section.
[59:13.160 --> 59:18.680]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter
[59:18.680 --> 59:24.200]  by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.200 --> 59:30.680]  growing in Christ and how to build up the church. To order your free New Testament recovery version
[59:30.680 --> 59:40.360]  and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.360 --> 59:54.920]  That's 888-551-0102. Or visit us online at bfa.org. Live free speech radio, logosradionetwork.com.
[01:00:10.360 --> 01:00:15.320]  News updates and the inside scoop into the tides of the alternatives.
[01:00:21.160 --> 01:00:28.680]  Markets for Friday, February 19, 2016, are currently treading with gold at $1,225.73 an ounce,
[01:00:28.680 --> 01:00:35.960]  silver at $15.33 an ounce, Texas crude at $30.77 a barrel, and Bitcoin is currently sitting at
[01:00:35.960 --> 01:00:49.720]  about $418 U.S. currency. Today in history, the year 1942, through Executive Order 9066,
[01:00:49.720 --> 01:00:54.440]  President Franklin D. Roosevelt authorized the deportation and incarceration of nearly 130
[01:00:54.440 --> 01:00:59.240]  mainland Japanese Americans who were forcibly relocated from their west coast homes. The
[01:00:59.240 --> 01:01:03.080]  presidential order allowed regional military commanders the power to declare that all people
[01:01:03.080 --> 01:01:09.080]  of Japanese ancestry were excluded from the entire west coast, except, of course, for those within
[01:01:09.080 --> 01:01:13.240]  government camps, American concentration camps. Today in history.
[01:01:17.400 --> 01:01:22.440]  In recent news, U.S. Attorney Ellen Decker wrote in a court filing today in Riverside, California,
[01:01:22.440 --> 01:01:26.920]  that Apple, quote, has the technical ability to comply with the court order and is refusing
[01:01:26.920 --> 01:01:32.120]  to assist because of concerns to its business model and public brand marketing strategy.
[01:01:32.120 --> 01:01:36.840]  This after Apple CEO Tim Cook a few days ago released a public statement to his customers
[01:01:36.840 --> 01:01:41.000]  and investors, stating that, quote, the United States government has demanded that Apple take
[01:01:41.000 --> 01:01:45.640]  an unprecedented step, which threatens the security of our customers. We oppose this order,
[01:01:45.640 --> 01:01:50.600]  which has implications far beyond the legal case at hand. This bold statement came in defiance to
[01:01:50.600 --> 01:01:55.720]  a court order by California Judge Sherry Pine for Apple to develop a new version of the iPhone's
[01:01:55.720 --> 01:02:00.920]  operating system, which would allow the FBI to use its computers to guess the passcode quickly
[01:02:00.920 --> 01:02:05.800]  without getting locked out for making too many guesses. Apple has until February 26
[01:02:05.800 --> 01:02:07.320]  to respond to the court order.
[01:02:11.800 --> 01:02:15.400]  The United States government has issued a license to Boeing today for them to be able to conduct
[01:02:15.400 --> 01:02:20.120]  negotiations with airlines in Iran. However, further approvals would be needed in addition
[01:02:20.120 --> 01:02:25.160]  in order to make sales. Analysts are noting that Boeing faces numerous challenges in Iran.
[01:02:25.160 --> 01:02:29.560]  The country may not be able to afford many of their planes and financial backers may consider
[01:02:29.560 --> 01:02:34.520]  investing in leases or sales to be too risky due to the possibility of repossessing aircraft
[01:02:34.520 --> 01:02:40.840]  in a bankruptcy. Iran continues to fly much older Boeing planes, including 11 747s that date from
[01:02:40.840 --> 01:02:46.760]  1969 to 1988, according to Flight Global. Separately, General Electric, which makes engines
[01:02:46.760 --> 01:02:51.480]  for Boeing planes, stated that it's also applied for a U.S. license to sell engines and parts in
[01:02:51.480 --> 01:03:00.600]  Iran, though it hasn't been granted yet. This has been your Lowdown for February 19, 2016.
[01:03:21.480 --> 01:03:47.560]  Okay, we are back. Randy Shelton, Rue of La Radio, and we're talking about how to write legal
[01:03:47.560 --> 01:03:53.880]  documents. That's the basic structure of a legal document. I'm running out of time when I'm getting
[01:03:53.880 --> 01:04:00.840]  to the good part. I'll go over some of this. I'll probably use this segment, then I'll finish up.
[01:04:01.560 --> 01:04:09.960]  Document styling. One of the things I suggest is you put a heading on every single paragraph
[01:04:09.960 --> 01:04:18.440]  and use the styles heading from your word processor. I'm sure that WordPerfect has it.
[01:04:18.440 --> 01:04:25.160]  WordPerfect is a, the reason I'm mentioning it, is it was designed primarily for lawyers,
[01:04:25.160 --> 01:04:34.120]  so it's very lawyer friendly. A lot of lawyers still use WordPerfect, but Microsoft Word has kind
[01:04:34.120 --> 01:04:42.360]  of dominated the industry. I used Microsoft Word, so I'm going to speak to how this is done
[01:04:42.360 --> 01:04:50.280]  in Microsoft Word. When you create headings, on the very top ribbon, if you click home,
[01:04:51.160 --> 01:04:56.120]  then over toward the left-hand side, you'll see a section labeled styles.
[01:04:56.120 --> 01:05:04.680]  The styles section will contain all of your headings. Sometimes if you pull a document down
[01:05:04.680 --> 01:05:11.400]  off the internet, or you send a document from someone else, the styles section can be full of
[01:05:11.400 --> 01:05:21.720]  trash. Primarily, I try to open the blank document, and then go into the blank document,
[01:05:21.720 --> 01:05:28.760]  and all of the headings that I don't know what they are, just delete them. Because if you need
[01:05:28.760 --> 01:05:39.080]  a heading, the headings we need for what we're doing here are in, are, there are default headings
[01:05:39.080 --> 01:05:45.640]  in Microsoft Word for them, so you don't have to worry about deleting them. Every time you change
[01:05:45.640 --> 01:05:53.000]  formatting on something, one of the weaknesses of Microsoft Word is they add a style heading for
[01:05:53.000 --> 01:05:57.240]  that, and you can wind up with a hundred style headings. It's a real pain in the neck. So I take
[01:05:57.240 --> 01:06:06.600]  them all out. Mainly what you need are the headings labeled headings. So I won't go too deep into how
[01:06:06.600 --> 01:06:15.880]  to use the style headings. You can get some tutorials on the web on how to do that. But if
[01:06:15.880 --> 01:06:20.840]  you click in the front of a sentence, if you put a sentence in as a heading, then you can click on
[01:06:20.840 --> 01:06:26.760]  the styles box. It shows some that you can see, but you can't see all of them. So if you go down
[01:06:26.760 --> 01:06:31.000]  to the left, to the right-hand side, the bottom of the box is a little down here, or click it,
[01:06:31.000 --> 01:06:36.280]  and it opens a box that shows all of your stuff. So you can see all of the things that are in there.
[01:06:36.280 --> 01:06:40.120]  You can change the style of your style headings. I generally style them with heading one, two, three,
[01:06:40.120 --> 01:06:45.240]  four, five, and there's a way of changing the style of those headings. We won't go to that tonight,
[01:06:45.240 --> 01:06:52.360]  but you want a heading on each paragraph, main heading, subheadings, sub subheadings.
[01:06:53.560 --> 01:07:02.600]  This does two things. One, it creates a navigation pane. If you go to
[01:07:02.600 --> 01:07:10.920]  view on the top ribbon, and the second section over is labeled show, and in that there's
[01:07:10.920 --> 01:07:20.920]  ruler, guideline, it's navigation pane. You bring up your navigation pane, and the navigation pane
[01:07:20.920 --> 01:07:28.920]  will give you a listing of all of the headings, and it looks just like a table of contents.
[01:07:28.920 --> 01:07:35.320]  Each item in that table of contents is hyperlinked, so if you have a really long document,
[01:07:35.320 --> 01:07:43.320]  and you have used headings throughout, then you can open this navigation pane, go down,
[01:07:43.320 --> 01:07:48.120]  and click on it, and drop. Just jump to any place in the document you want to.
[01:07:49.080 --> 01:07:55.640]  That's not the primary reason I suggest we use it here. When we're writing legal documents,
[01:07:55.640 --> 01:08:05.000]  you want to make sure you keep your arguments in order, and you only want to make an argument one
[01:08:05.000 --> 01:08:11.880]  time. I was recently going over a very large document for someone. First thing I did is went
[01:08:11.880 --> 01:08:17.080]  down the documents, looked at a paragraph, and gave it a heading. I put a heading on every
[01:08:17.080 --> 01:08:23.800]  paragraph in the whole document. It was time consuming. It was tedious, but it was a 50 page
[01:08:23.800 --> 01:08:31.960]  document. Human beings can't read 50 pages and make sense of it unless it is extremely
[01:08:31.960 --> 01:08:42.440]  well structured and documented. Headings give you documentation. It tells you this is precisely
[01:08:42.440 --> 01:08:48.600]  where you're at in the document. Yes, it uses up more space, and it makes the document bigger,
[01:08:48.600 --> 01:08:54.360]  but it also makes it so that human beings can read it and make sense of it. You put the
[01:08:54.360 --> 01:08:59.960]  headings on every paragraph, and then when you bring up that navigation pane, like in this
[01:08:59.960 --> 01:09:06.520]  document, I found two places in two different sections where I had the exact same heading on
[01:09:06.520 --> 01:09:14.120]  a paragraph. That was a big time red flag. Now I can go back and look at these, and sure enough,
[01:09:14.120 --> 01:09:20.280]  you argued the same issue two different times from slightly different perspectives.
[01:09:21.160 --> 01:09:26.280]  For a reader trying to understand the document, this will be very confusing.
[01:09:27.160 --> 01:09:36.760]  Using headings helps you keep your document well ordered, keep each section flowing from the one
[01:09:36.760 --> 01:09:48.760]  before. Okay, now we have the document headings. Now we're going to spend a little time on some of
[01:09:48.760 --> 01:09:56.200]  the more fun stuff, some of the more sophisticated tools that we can use. Once you get this
[01:09:56.200 --> 01:10:06.040]  structure down, the structure that I went through up to this point will make it much easier for you
[01:10:06.040 --> 01:10:14.120]  to develop a very large document, because you're developing it in smaller pieces. Not only will it
[01:10:14.120 --> 01:10:21.560]  give you a reader referential index, it will give you referential index. You're going to have to
[01:10:21.560 --> 01:10:27.560]  know where you're at in the context of the argument. Now, once we got that part out of the way,
[01:10:27.560 --> 01:10:34.360]  we don't have to spend all of our time worrying about, did I argue this already? Is this in the
[01:10:34.360 --> 01:10:39.000]  right place? You got that part taken care of. Now we can go down to the fun stuff,
[01:10:40.040 --> 01:10:44.920]  facing, leading, reality stacking, analog markings, all these cool things we can do.
[01:10:44.920 --> 01:10:54.520]  There are a very large number of very powerful tools we can use to increase the effectiveness
[01:10:54.520 --> 01:11:05.080]  of our documentation. One of the most effective, but maybe the most tedious and difficult to produce
[01:11:05.080 --> 01:11:16.120]  is meter. One of the places you might use meter is in your introduction. If you take your introduction,
[01:11:16.120 --> 01:11:24.120]  write the introduction, then go through the introduction and count the syllable sounds in
[01:11:24.120 --> 01:11:30.280]  each sentence. If you take the introduction, write the introduction, then go through the introduction
[01:11:30.280 --> 01:11:39.560]  and count the syllable sounds in each sentence. Meter, meter has two syllable sounds, alliteration,
[01:11:39.560 --> 01:11:47.560]  alliteration, five syllable sounds. Count all the syllable sounds and then look at how, look how
[01:11:47.560 --> 01:11:56.520]  many syllable sounds are in each sentence. Then get yourself an average. If it's very short,
[01:11:56.520 --> 01:12:03.880]  you can set all the syllable sounds so that they are the same for each sentence. I have one here
[01:12:03.880 --> 01:12:19.400]  where I've actually done that. I can get it to pop up. There it is. Meter in prose is so subtle,
[01:12:19.400 --> 01:12:26.760]  it will hide behind the content. In rhyme, meter jumps out at you, but in prose it will seduce you.
[01:12:26.760 --> 01:12:33.320]  The mind always looks for patterns. When you set your prose to meter, your mind will recognize the
[01:12:33.320 --> 01:12:45.000]  beat and rapport is a certainty. Each one of those stanzas has eight syllable sounds. And as the reader
[01:12:45.000 --> 01:12:52.200]  reads this, consciously, they won't pay any attention to that, but the inner mind will say,
[01:12:52.200 --> 01:13:00.040]  ta-da, ta-da, ta-da, ta-da, ta-da, ta-da, ta-da, ta-da, ta-da. It will expect you to land on that
[01:13:00.040 --> 01:13:09.800]  beat either with a period or a comma internally. And if you do that, it deepens rapport because
[01:13:09.800 --> 01:13:17.400]  it creates a subtle expectation. And when you meet that subtle expectation, the reader has the
[01:13:17.400 --> 01:13:24.840]  experience of rapport with the writer. It's really subtle. I have some others here where I've set
[01:13:25.800 --> 01:13:32.600]  one. I wrote the paragraph. I counted all the syllables. Average, we've got a high average and
[01:13:32.600 --> 01:13:39.400]  a low average. I had a high average of 15 and a low average of 11. I counted all the syllables.
[01:13:39.400 --> 01:13:48.600]  I had a high average of 11. So I went back and reworded the paragraph so that the first sentence
[01:13:48.600 --> 01:13:57.880]  had 15 syllable sounds, the second syllable had 11 syllable sounds, 15, 11, 15, 11. There is no way
[01:13:57.880 --> 01:14:04.520]  the conscious mind will ever pick that up, but the inner mind will. The inner mind, the part that
[01:14:04.520 --> 01:14:13.240]  mentioned the structure and referential index, it'll pick that part up. If you have a part you
[01:14:13.240 --> 01:14:19.080]  want your reader to go through and you don't want to read or interrupt it, you want to make
[01:14:19.080 --> 01:14:24.440]  sure they go through the whole thing without an internal interruption, set it to meter.
[01:14:26.360 --> 01:14:31.640]  There are other tools that you can use while doing this, but ACB leading is one of them.
[01:14:31.640 --> 01:14:39.240]  In order to establish rapport, I'll make statements that you can identify with.
[01:14:40.440 --> 01:14:49.960]  I will speak to things in a way that you've heard them before. Sometimes when I'm trying to,
[01:14:49.960 --> 01:14:54.200]  when I'm talking to someone that I can actually see, it's different here on the radio because
[01:14:54.200 --> 01:15:00.200]  I can't get direct feedback. But if I'm trying to pace, like one of the things I do is
[01:15:00.200 --> 01:15:07.240]  conversational induction. I'll describe what you looked like 20 years ago. You don't look like that
[01:15:07.240 --> 01:15:13.560]  now, but it's what you looked like 20 years ago. And as I state these individual characteristics,
[01:15:14.600 --> 01:15:22.520]  if I've got the person in rapport, they tend to nod, yeah, yeah. I mentioned this characteristic
[01:15:22.520 --> 01:15:27.720]  and they go up inside and yeah, they recognize this. And yes, they recognize this. They recognize
[01:15:27.720 --> 01:15:37.240]  how to fit together a produce of subliminal pace. This may sound a little odd and arcane,
[01:15:37.240 --> 01:15:42.680]  but it's really pretty easy to do. We all do it all the time. When we talk to people, we try to
[01:15:42.680 --> 01:15:51.080]  talk to them in a way that they can make associations to what we're talking to, talking about. So you
[01:15:51.080 --> 01:15:59.560]  pace, do at least three paces. And then from the pace you lead, you tell them about this kind of
[01:15:59.560 --> 01:16:07.080]  legal issue and you tell facts that they will absolutely accept. And then you lead to a fact
[01:16:07.720 --> 01:16:13.320]  that may not necessarily accept quite so easily, but since you've paced them, they will tend to
[01:16:13.320 --> 01:16:22.440]  attach this fact to the others without interruption, without question, which goes to the next thing.
[01:16:22.440 --> 01:16:26.280]  I'm not going to have time to get into pattern interruption and alliteration. I would like to,
[01:16:26.280 --> 01:16:33.560]  but I'll save all of this for maybe next week. I'll go into some of these subtle tools we can
[01:16:33.560 --> 01:16:40.520]  use when crafting a document to get a better outcome. We're not talking about misleading
[01:16:40.520 --> 01:16:46.120]  someone or confusing someone, but helping people to better understand what they're reading without
[01:16:46.120 --> 01:16:50.440]  accidentally tripping them up. Okay. We'll come back. We're going to start taking calls.
[01:16:50.440 --> 01:16:56.520]  This is Randy Kelton with Radio or call it number 512-646-1984.
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[01:19:28.680 --> 01:19:36.680]  Okay, we are back. Randy Kelton with our radio. And we're going to start going to callers. What
[01:19:36.680 --> 01:19:42.760]  I just presented, that's the first time I formally presented that as a single subject. So
[01:19:44.600 --> 01:19:52.200]  I was a little shaky in some places. I will do this again in a couple of months so that I can
[01:19:52.200 --> 01:19:58.680]  get this presentation down so that it flows better than it did today.
[01:19:59.880 --> 01:20:04.600]  Okay, now we're going to go to callers. We're going to go to a first-time caller, to Barbara in
[01:20:06.760 --> 01:20:08.680]  3-4 area code. What state is that?
[01:20:10.680 --> 01:20:11.560]  Oklahoma.
[01:20:11.560 --> 01:20:13.400]  Barbara, Oklahoma?
[01:20:13.400 --> 01:20:13.960]  Not like that.
[01:20:13.960 --> 01:20:18.280]  Oh, okay. Okay, what do you have for us, Barbara?
[01:20:18.280 --> 01:20:23.880]  Okay, I've worked for two years and I share custody with young children.
[01:20:25.320 --> 01:20:30.680]  The primary, and he gets them every other weekend. Every time he gets upset with me,
[01:20:30.680 --> 01:20:35.720]  he files a case with the Department of Children and Families that there's either hazard in the
[01:20:35.720 --> 01:20:43.480]  home or there's child abuse. The case is always dropped, but I'm on case five right now and they
[01:20:43.480 --> 01:20:48.280]  come into my home, they tell me that they have to take pictures of my home, they go and take pictures
[01:20:48.280 --> 01:20:56.760]  of my children, they go to the school. Okay, hold on, hold on. Are you in divorce proceedings
[01:20:56.760 --> 01:21:04.360]  or do you have a final decree? A final decree from 2014.
[01:21:06.280 --> 01:21:10.840]  Okay, how many of these complaints has he filed?
[01:21:10.840 --> 01:21:12.360]  Five.
[01:21:14.040 --> 01:21:19.000]  And all of them have been ruled to be unsupported?
[01:21:20.760 --> 01:21:22.440]  I'm sorry, I didn't hear what you said, sorry.
[01:21:23.560 --> 01:21:27.880]  Were all of them determined to be unsupported?
[01:21:29.480 --> 01:21:39.000]  Yes, all of them were dropped and determined to have any evidence that supports anything.
[01:21:39.000 --> 01:21:41.160]  Do you still have a lawyer?
[01:21:43.160 --> 01:21:43.880]  No, I don't.
[01:21:44.840 --> 01:21:52.760]  Okay, you might consider petitioning the court for a restraining order.
[01:21:54.760 --> 01:22:03.560]  I tried that and because I had the divorce, he was very, very violent and I told him,
[01:22:03.560 --> 01:22:09.800]  I even had an injunction, temporary injunction, told him that he pushed me and the judge actually
[01:22:09.800 --> 01:22:14.120]  told me word for word, if I got out of the way, I wouldn't have been pushed.
[01:22:15.080 --> 01:22:18.680]  That should have got a judicial misconduct complaint against the judge.
[01:22:19.720 --> 01:22:26.760]  That's a procedural due process violation. I would definitely, okay,
[01:22:26.760 --> 01:22:35.000]  understand the judge is not your buddy. Right. He doesn't have to be your friend.
[01:22:35.000 --> 01:22:39.960]  The judge has two primary duties. He must determine the facts in accordance with the rules of evidence,
[01:22:39.960 --> 01:22:42.280]  apply the laws, it comes to him to the facts in the case.
[01:22:43.640 --> 01:22:50.120]  When you go to the judge and ask him to do something, you must give him facts and law.
[01:22:50.120 --> 01:22:56.360]  If you just go to the judge and say, this bad thing happened, and I want you to do something about it.
[01:22:57.240 --> 01:23:03.640]  Technically, he has no power to rule in your favor. Now, he's not going to tell you that
[01:23:05.080 --> 01:23:13.960]  because he can't give you legal advice. So when you go to the judge and you can make a very
[01:23:13.960 --> 01:23:18.840]  convincing argument as to why he should do something to help you, but if you don't get
[01:23:18.840 --> 01:23:25.400]  help you, but if you don't give him facts and law, you haven't given him anything he can work with.
[01:23:26.200 --> 01:23:34.600]  But for a judge to say that when you were subjected to essentially, that's a simple assault.
[01:23:36.120 --> 01:23:40.120]  And I had a lawyer at the time when I- Oh, hold on, hold on, hold on.
[01:23:40.120 --> 01:23:49.400]  Hold on. What were the circumstances of the push? Were you blocking his egress?
[01:23:51.320 --> 01:23:57.480]  No, he wanted to get into my room and we had been separated for a while
[01:23:57.480 --> 01:24:03.080]  and he wanted to get into my room. So he was trying to push me through my room.
[01:24:03.880 --> 01:24:06.200]  Did you charge him with unlawful entry?
[01:24:06.200 --> 01:24:14.360]  No, because he had just taken his things out at the time, the least in my name and they told me I
[01:24:14.360 --> 01:24:19.800]  had to put him in to get his things out. He had- Okay, okay. That changes everything.
[01:24:20.680 --> 01:24:29.480]  Okay. He was attempting to enter the premises under a apparently a court order?
[01:24:29.480 --> 01:24:35.560]  No, it wasn't. The sheriff is just allowing him to come in and get his things and all his things were
[01:24:35.560 --> 01:24:44.600]  put out. So there was- Okay. You can't, okay. The judge was right. He had a right to enter. You had
[01:24:44.600 --> 01:24:52.760]  no right to block his entry. Now, if he just pushed you because he was angry or something,
[01:24:52.760 --> 01:24:57.240]  that would be different. But if you were blocking him, that would be different.
[01:24:57.240 --> 01:25:03.640]  But if you were blocking entry to a place that he had a right to enter, then the judge was right.
[01:25:07.320 --> 01:25:14.840]  Well, he had already gotten his things. So now he was just coming in to argue with me and-
[01:25:14.840 --> 01:25:23.080]  Okay, okay. There's a way to do this. Okay. If he comes in and he doesn't get his things,
[01:25:23.080 --> 01:25:28.200]  but he argues with you instead, call the police. Yes, I did that.
[01:25:28.200 --> 01:25:37.400]  Make a report against him. There are other things you can do. For instance, if someone pushes me,
[01:25:37.400 --> 01:25:46.440]  they get a criminal complaint for assault. Now, for the most part, the police don't like to take
[01:25:46.440 --> 01:25:53.800]  complaints, especially in family law situations, because people in family law situations are
[01:25:53.800 --> 01:26:00.680]  generally, they're in a situation where they've totally failed to control a situation.
[01:26:01.880 --> 01:26:08.680]  And the situation's gotten out of hand. And now they want someone else to come in
[01:26:09.400 --> 01:26:13.240]  and control a situation that they could not control.
[01:26:13.240 --> 01:26:19.880]  I've known a number of police officers, and when I ask them, what are the calls that you fear the
[01:26:19.880 --> 01:26:31.160]  most, they always say family calls. Wow. Always, it terrifies police. They can't ever do anything
[01:26:31.160 --> 01:26:38.200]  right. No matter what they do, somebody's going to be BO'd at them. And they never know what's
[01:26:38.200 --> 01:26:43.400]  going to happen in a family call there. It's so incredibly unpredictable, because people are so
[01:26:45.000 --> 01:26:52.440]  on edge emotionally that we often don't make really carefully calculated decisions.
[01:26:55.000 --> 01:27:01.640]  If you are to take control of your situation, you have to set your anger aside.
[01:27:01.640 --> 01:27:07.400]  And I know that it's extremely difficult to do. Have you listened to this show before?
[01:27:08.440 --> 01:27:14.440]  No, I was told about it today. My brother is an avid listener of the show.
[01:27:15.560 --> 01:27:26.280]  Okay. What we do here is we try to give people tools they can use. And the tools that we offer
[01:27:26.280 --> 01:27:34.200]  are not always straightforward. We show you how to be somewhat more conniving
[01:27:35.640 --> 01:27:39.400]  of one of the things that we never do is give fair warning.
[01:27:40.840 --> 01:27:47.000]  Okay. I would suggest when you're dealing with your husband, never give him legal advice.
[01:27:47.000 --> 01:27:50.360]  Don't tell him what he should do, what he shouldn't do, and don't give him fair warning.
[01:27:50.360 --> 01:27:58.520]  If you want to get control of the situation, you need to back up and go at it from a more
[01:27:58.520 --> 01:28:08.280]  controlled perspective. I don't do a lot in family law, but I show people how to go after
[01:28:08.280 --> 01:28:13.320]  public officials. Now, going after your husband is a lot easier than going after a public official.
[01:28:13.320 --> 01:28:21.720]  When I say going after your husband, I really will present a set of tools that you can use
[01:28:21.720 --> 01:28:30.200]  to take control of your responses to what he does. Right. We get in these situations to
[01:28:30.200 --> 01:28:40.760]  where we get conditioned. In failing marital situations, we condition one another to react
[01:28:40.760 --> 01:28:48.840]  badly. He says something and it pushes one of your buttons. And when you do that, you
[01:28:48.840 --> 01:28:55.800]  can go after your husband. You can go after your wife. You can go after your kids. You
[01:28:55.800 --> 01:29:03.560]  can go after your kids. He says something and it pushes one of your buttons. When he
[01:29:03.560 --> 01:29:10.120]  pushes your button, it triggers a certain response from you that pushes one of his buttons.
[01:29:10.120 --> 01:29:17.240]  You go back and forth. You think back on your interactions with your husband and take out
[01:29:17.240 --> 01:29:22.920]  the content and look at the structure. How many times have you gone through the same
[01:29:22.920 --> 01:29:29.240]  situations, the same arguments back and forth over and over? And they always lead to the
[01:29:29.240 --> 01:29:36.520]  same place. When we come back, I'll talk about something that wasn't what you asked for directly,
[01:29:36.520 --> 01:29:43.800]  but it may give you a tool to interrupt these spiraling patterns. And a lot of this may
[01:29:43.800 --> 01:29:51.400]  fix itself. Randy Kelton, Wheel of Law Radio, I call in number 512-646-1984. We'll be right
[01:29:51.400 --> 01:29:53.400]  back.
[01:30:21.560 --> 01:30:26.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too. So
[01:30:26.760 --> 01:30:32.760]  protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:30:32.760 --> 01:30:38.040]  it's worth hanging on to. This message is brought to you by StartPage.com, the private
[01:30:38.040 --> 01:30:43.400]  search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
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[01:30:55.560 --> 01:31:00.920]  when you wave your hand or chairs that dim the lights when you lean back? Those are just some
[01:31:00.920 --> 01:31:06.280]  of the smart objects being built by Disney research where things around you will be aware,
[01:31:06.840 --> 01:31:12.520]  ever watching and anticipating your desires in an interactive, brave new world. But do we really
[01:31:12.520 --> 01:31:17.320]  want our furniture watching us? Once this stuff is linked to the internet, pretty soon the walls
[01:31:17.320 --> 01:31:22.600]  and even the doors will talk. Hey, let's lock the door on that idea. Throw away the key.
[01:31:22.600 --> 01:31:27.160]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:33:29.640 --> 01:33:40.840]  Okay, we are back. Randy Kelton with our radio and we're talking to Barbara in Oklahoma.
[01:33:41.640 --> 01:33:50.840]  And before I move ahead, Barbara, as concerns your relationship with your ex,
[01:33:50.840 --> 01:34:02.840]  what would you like, if you could design an outcome, design a relationship that you could sustain,
[01:34:02.840 --> 01:34:12.040]  what would you like that relationship to be? Well, I'd like it to be civil without any blaming or any
[01:34:12.040 --> 01:34:19.000]  malicious behavior. Because when he gets angry at something, he just does these things. And I'm usually
[01:34:19.000 --> 01:34:26.600]  like the victim that usually just takes it and try to just ride over it. And I don't want to take that
[01:34:26.600 --> 01:34:34.440]  anymore because he's trying to damage my name. Okay, that was the perfect answer.
[01:34:34.440 --> 01:34:43.240]  Now, how good are you at being devious? I'm not very good at it at all. That's what I'm calling.
[01:34:44.680 --> 01:34:50.440]  Okay, we're going to work on that. And I don't mean devious in a malicious way.
[01:34:51.800 --> 01:34:57.640]  Devious in a way that will dramatically affect his behavior.
[01:34:57.640 --> 01:35:08.120]  Okay. Okay, you have to understand that we get into patterns, especially when we've lived with someone
[01:35:08.120 --> 01:35:17.000]  a long time. We learn how to deal with one another. I've been married to the same woman for 45 years.
[01:35:17.000 --> 01:35:26.120]  And I have learned how to handle that woman. Oh, yeah. Oh, yeah. She starts that, do this, do that stuff.
[01:35:26.840 --> 01:35:35.880]  What you do is you huff up and you tell her, yes, dear. We learn how each other reacts and responds.
[01:35:35.880 --> 01:35:42.360]  Well, it took us a long time. We learned how to deal with each other. We learned how to deal with
[01:35:42.360 --> 01:35:47.880]  each other. We learned how each other reacts and responds. Well, it took us a long time. We separated
[01:35:47.880 --> 01:35:58.600]  for five years before we could come back and find a new normal. And what I'm about to deliver
[01:35:58.600 --> 01:36:07.080]  is something that helped us find that new normal. Once you interact with someone over a period of
[01:36:07.080 --> 01:36:15.160]  time, you develop patterns of interactions. He can say something or do something and your response
[01:36:15.160 --> 01:36:22.120]  just comes out. He comes in, he pushes one of your buttons and you do this little dance for him.
[01:36:23.640 --> 01:36:29.000]  You say this, he says that, you say this, you can choreograph where these interactions are
[01:36:29.000 --> 01:36:40.520]  going to go to. They always spiral down the same routine. And oftentimes, you can see it coming,
[01:36:40.520 --> 01:36:46.120]  you can feel it when it's happening. And once it's over, you're frustrated at yourself for
[01:36:46.120 --> 01:36:50.840]  letting this happen again, but you don't know how to fix it. Well, I'm going to talk to you about
[01:36:50.840 --> 01:36:59.480]  how to fix it. Have you ever had someone say something or do something and your reaction is
[01:36:59.480 --> 01:37:08.280]  not pause and reflect, stop, objectively analyze, decide what to do and then initiate a response.
[01:37:08.280 --> 01:37:13.160]  But instead of that, you know, humans can do that. As far as I know, we're the only creatures on the
[01:37:13.160 --> 01:37:19.320]  planet who can do that. But for the most part, we don't. For the most part, we do whatever we
[01:37:19.320 --> 01:37:27.720]  feel like doing. And by feel like doing, I mean, it literally and physically comes from your
[01:37:28.760 --> 01:37:34.760]  center, from your stomach. You feel your stomach tense and that response just squeezes out.
[01:37:35.880 --> 01:37:39.320]  You don't stop, you know, you don't stop and say, well, you know, how should I handle this?
[01:37:40.120 --> 01:37:43.720]  Bam, it just comes out. I'm going to suggest to you
[01:37:43.720 --> 01:37:50.920]  that any time you have a response, that's not pause and reflect, but just comes out.
[01:37:51.800 --> 01:38:00.760]  Well, that's not yours. That's his. Do you really think that he did not know exactly
[01:38:01.480 --> 01:38:09.320]  what kind of response he was triggering from you? Of course he knew. Okay. Maybe he didn't know on a
[01:38:09.320 --> 01:38:14.760]  maybe he didn't know on a conscious volitional level, but at some level he knew.
[01:38:15.720 --> 01:38:21.720]  When I was five years old, I knew what would make you smile, frown, happy, sad. I pretty
[01:38:21.720 --> 01:38:27.400]  well knew the full range of human response within my native culture to think that I could say
[01:38:27.400 --> 01:38:32.840]  something or do something and it trigger a specific response from you and me not know.
[01:38:32.840 --> 01:38:40.200]  Oh, that's naive. Of course, I know to think that he could come in or reach in and push, push one of
[01:38:40.200 --> 01:38:48.440]  your buttons and your insights just squeeze tight and this response just jumps out. Well, you might
[01:38:48.440 --> 01:38:53.560]  feel like you're reading him the right act just to letting him know how to cow ate the cabbage.
[01:38:54.280 --> 01:39:00.280]  Well, that is naive. Consider probably hubby's had a group has a horrible day at the office.
[01:39:00.280 --> 01:39:06.040]  Boss been on his case all day, drives home in heavy traffic. He's miserable. Mama's had a great day.
[01:39:06.040 --> 01:39:11.320]  She fixed this great meal. She meets him at the door, gives him a big hug. He just grunts and
[01:39:11.320 --> 01:39:18.280]  pushes faster, drops down in the chair, plops some potatoes on his place and said, Clayton says,
[01:39:18.280 --> 01:39:29.320]  pass the darn gravy. Well, well, in this country, in this culture, what's mama going to feel like
[01:39:29.320 --> 01:39:36.440]  doing with that gravy? This don't take a rocket scientist. And what if she bounces the gravy boat
[01:39:36.440 --> 01:39:44.200]  off his head? He's going to say this. She's going to say that. He's going to say this. She's going
[01:39:44.200 --> 01:39:50.440]  to wind up in a room crying. He's going to wind up in the den sulking. Okay. Mama's had a great
[01:39:50.440 --> 01:39:58.120]  day today and she realizes, okay, Papa's in a bad mood. I got that part. And I don't know
[01:39:58.120 --> 01:40:03.400]  what to do. And I don't want to go through all this routine. So she don't throw the gravy boat at it.
[01:40:03.400 --> 01:40:14.120]  What does she do instead? Oh dear. Have you had a hard day? Not. Okay. Here's the deal.
[01:40:15.640 --> 01:40:24.120]  We know how to elicit responses from other people. If someone attempts to elicit a positive response
[01:40:24.120 --> 01:40:32.520]  from me, I'm going to give them exactly what they expect. And this is how we generate a well-ordered
[01:40:32.520 --> 01:40:38.760]  civil society. We learn how to react and respond to people, but sometimes we generate responses
[01:40:38.760 --> 01:40:44.680]  that lead to negative outcomes. And they're automatic. They run outside of conscious awareness.
[01:40:45.720 --> 01:40:52.840]  Consciously, we pay attention to the external details. But we got this other part. For want
[01:40:52.840 --> 01:41:00.120]  of a better term, I call it an internal librarian. It keeps all of these things we've learned how to
[01:41:00.120 --> 01:41:11.240]  do and it stores them in a contextual framework. And I call them mental drawers. You're moving along
[01:41:11.240 --> 01:41:16.440]  in a normal state of awareness. Somebody comes along and stomps on your toe. Well, how do you
[01:41:16.440 --> 01:41:22.600]  respond to that? Well, the inner mind looks at the circumstances. If the guy had a handful of boxes
[01:41:22.600 --> 01:41:30.840]  and he's staggering around and he takes a step to the side and smashes your sore ingrown toenail,
[01:41:32.200 --> 01:41:37.560]  how do you respond? Do you get angry at him or do you understand that he couldn't see what he's
[01:41:37.560 --> 01:41:42.440]  doing and he didn't do it on purpose? Whatever the context is, your inner mind will determine
[01:41:42.440 --> 01:41:48.600]  what the appropriate context is. And then it goes inside and it opens this mental drawer.
[01:41:48.600 --> 01:41:53.160]  And in that mental drawer, you've got all the things you learned how to do in this particular
[01:41:53.160 --> 01:42:02.520]  context. To the degree that you are consciously aware of the limitations of the internal mental
[01:42:02.520 --> 01:42:11.320]  context somebody else has just triggered, you don't know what you're doing. If your husband says
[01:42:11.320 --> 01:42:16.920]  something and it triggers angry, then you're not consciously aware of the limitations of the
[01:42:16.920 --> 01:42:22.680]  responses in your angry drawer. You're out of your conscious mind. You don't know what you're doing.
[01:42:23.720 --> 01:42:28.840]  If your parents were empathetic and understanding when they were angry, you may have that in there.
[01:42:30.520 --> 01:42:34.440]  But if they weren't and you don't have it in there and you're not aware of those limitations,
[01:42:35.560 --> 01:42:39.720]  you're out of your mind. You're acting outside of your conscious awareness and you're being
[01:42:39.720 --> 01:42:48.280]  manipulated. He knows exactly how you're going to respond to him being there, done that. So the
[01:42:48.280 --> 01:42:55.400]  trick and what we'll address when we come back on the other side is how to take the things that
[01:42:55.400 --> 01:43:03.400]  people do automatically, do essentially outside of conscious awareness because similar stresses
[01:43:03.400 --> 01:43:12.440]  and pressures on him are eliciting his interactions with you. And those interactions wind up
[01:43:14.120 --> 01:43:18.280]  eliciting negative responses, your negative responses, this one's back. And you go around
[01:43:18.280 --> 01:43:23.960]  in this mental circle and it's for the most part out of conscious awareness.
[01:43:25.000 --> 01:43:28.840]  And when we come back, I'm going to show you this really cool tool
[01:43:28.840 --> 01:43:36.440]  with which you can trip him out of his automatic pattern and force him to find another way of
[01:43:36.440 --> 01:43:43.160]  behaving. Randy Kelton, Root of All Radio, our call in number 512-646-1984 will be taking your
[01:43:43.160 --> 01:43:49.000]  calls all night. So give us a call. Jimmie picks up toward the end. So if you have a question or
[01:43:49.000 --> 01:44:02.600]  comment, call in early. We'll be right back. You feel tired when talking about important topics
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[01:46:22.440 --> 01:46:40.040]  Okay, we are back. Randy Kelton, Rule of Law Radio. We're talking to Barbara in Oklahoma.
[01:46:41.080 --> 01:46:48.200]  Okay, you're going to like this, Barbara. It is so subtle that you will never catch it.
[01:46:48.200 --> 01:46:55.640]  It's okay. Somebody says something or does something, and your response just comes out.
[01:46:56.360 --> 01:47:04.520]  It's automatic. If you respond to that, you're kind of like a little spider hanging on a piece
[01:47:04.520 --> 01:47:10.200]  of web, and somebody gives a little tug on it, and you do this little dance for them.
[01:47:11.240 --> 01:47:15.240]  Okay, you might feel like you're reading him the right act and letting him know how to
[01:47:15.240 --> 01:47:20.840]  carry the cabbage. You can throw the baby boat at him, but you'll go through the same routine
[01:47:20.840 --> 01:47:29.000]  you've been through 100 times. So the trick is whenever somebody says something or does
[01:47:29.000 --> 01:47:34.040]  something, and your response is not pause and reflect. It just comes out. It's not yours.
[01:47:34.040 --> 01:47:47.080]  It's theirs. And the rule is whatever you feel like doing, don't do it. And immediately,
[01:47:47.080 --> 01:47:53.160]  when you interrupt yourself and don't do what you feel like doing, you don't bounce the red
[01:47:53.160 --> 01:48:00.200]  gravy boat off his head. Immediately, something else will come to mind. And the trick and the
[01:48:00.200 --> 01:48:06.920]  power of the procedure is don't do that either. I call this my rubber ball theory.
[01:48:08.600 --> 01:48:15.160]  I could give you three rubber balls, one hard, one soft, one medium. Based on your experience
[01:48:15.160 --> 01:48:19.000]  in your environment, you could pretty well predict how hard to throw each one up against the wall
[01:48:19.560 --> 01:48:25.400]  so it would come back where you could catch it. Within a given range, maybe a little higher,
[01:48:25.400 --> 01:48:29.240]  a little low off to one side or another, but within a given range, I could pretty well predict
[01:48:29.240 --> 01:48:35.880]  your behavior. I could do that when I was five. So you know your husband can. So the trick is
[01:48:35.880 --> 01:48:39.960]  don't do what you feel like doing. And immediately, something else comes to mind. In mama's case,
[01:48:39.960 --> 01:48:45.000]  she realizes she had a hard day. And instead of throwing the gravy boat at him, she says,
[01:48:45.560 --> 01:48:51.880]  oh dear, have you had a hard day today? And what happens? He unloads on her.
[01:48:53.240 --> 01:48:58.040]  He gets to unload all his misery and grief. So if she throws the gravy boat at him, he gets to
[01:48:58.040 --> 01:49:06.760]  unload on her. If she reacts nurturing, he gets to unload on her. So don't do what you feel like
[01:49:06.760 --> 01:49:15.720]  doing. Don't do the second thing. Wait for a third thing. And here's the rule for the third thing.
[01:49:16.920 --> 01:49:24.200]  The only real rule is whatever you do, make sure it's something that he won't anticipate.
[01:49:24.200 --> 01:49:33.480]  The more subtle, the better. I got this little invisible hook. Now it's just a little one.
[01:49:34.200 --> 01:49:39.240]  Because if I catch you running around in one of these mental circles where you keep trying to
[01:49:39.240 --> 01:49:44.360]  trigger the same negative response over and over, and I reach out and I trip you and I knock you
[01:49:44.360 --> 01:49:49.640]  flat on your face, you might not know what I did, but you're going to know I pulled something on
[01:49:49.640 --> 01:49:57.400]  you and it's going to trigger all your defenses. So it's just a little one. In this case, mama says,
[01:49:58.200 --> 01:50:04.600]  she pretends like he asked her real nice, will you pass, please pass some of that delicious gravy.
[01:50:04.600 --> 01:50:07.800]  And she responds to that instead and says, oh, sure. Here you go, dear.
[01:50:11.560 --> 01:50:15.720]  Now he's sitting over there. He knows something's wrong with that.
[01:50:15.720 --> 01:50:21.160]  He's just not sure exactly what it is. And psychologically, that's called a pattern
[01:50:21.160 --> 01:50:28.040]  interruption. And there is nothing more psychologically disruptive than a pattern
[01:50:28.040 --> 01:50:37.720]  interruption. Then one of your expectations coming false. We've all had the experience where
[01:50:37.720 --> 01:50:44.760]  something happened and we're just stopped. We don't have any idea what to do. We don't
[01:50:44.760 --> 01:50:55.160]  have any idea what to do for a human being that equates to not being able to secure yourself in
[01:50:55.160 --> 01:51:02.600]  your environment. That triggers all of your emergency warning signals to go off. But if you
[01:51:02.600 --> 01:51:09.800]  do it on something really, really subtle, like in this case, she just responds as if he asked her
[01:51:09.800 --> 01:51:14.920]  nice, it causes a really subtle pattern interruption. You don't want him to catch you at it.
[01:51:16.280 --> 01:51:19.480]  You don't want him to realize as you did that on purpose.
[01:51:21.640 --> 01:51:28.200]  Because if he realizes you did that on purpose, it won't be effective. And that prevents
[01:51:28.760 --> 01:51:34.680]  something else. You can never try to manipulate someone with this technique.
[01:51:34.680 --> 01:51:43.640]  If you respond to someone in order to interrupt a negative pattern and you respond in a way that
[01:51:43.640 --> 01:51:50.680]  tries to manipulate them to respond a certain way to you, they will catch you every time.
[01:51:52.600 --> 01:51:59.960]  So all you do is trip it and then step back and wait. If one of my expectations comes false,
[01:51:59.960 --> 01:52:05.800]  this automatic pattern I've been running for years is pushed up into my conscious awareness.
[01:52:05.800 --> 01:52:10.120]  My inner mind says, you know, I've been running this a long time and it generally works, but this
[01:52:10.120 --> 01:52:16.760]  guy that didn't work for squat. So you need to look at it and fix it. So it takes something that
[01:52:16.760 --> 01:52:23.800]  goes on out of awareness and pushes it up into the consciousness. So he has to look at it. Well,
[01:52:23.800 --> 01:52:32.600]  if he don't know you really did anything to him, then he gets to look at this clean and say,
[01:52:32.600 --> 01:52:41.240]  what went wrong here? How can I do this in a way that comes out to where I can anticipate the
[01:52:41.240 --> 01:52:47.000]  response? That is the most important thing. We have to be able to anticipate a response.
[01:52:47.000 --> 01:52:52.280]  It's kind of like you take these three rubber balls. If you take the medium one, feel its weight,
[01:52:52.280 --> 01:52:57.880]  feel its density and you throw it up against the wall. Well, you could expect that it'll bounce
[01:52:57.880 --> 01:53:03.720]  back high or low off to one side or another. So hubby's thrown his mental ball up against your
[01:53:03.720 --> 01:53:10.360]  wall. You don't want to bet it back high or low off to one side or the other. What you want to do
[01:53:10.360 --> 01:53:15.560]  is make it splash and slide to the floor. You don't want to do that. You don't want to do that.
[01:53:15.560 --> 01:53:23.800]  Slide to the floor, pattern interruption. Now he's stopped. He's stuck. So what's he going to do?
[01:53:25.080 --> 01:53:30.520]  He's going to go over and pick it up, feel its weight, feel its density, feel the wall. It's
[01:53:30.520 --> 01:53:36.920]  flat, hard and smooth. Everything in his environment says that thing should have come back to me.
[01:53:36.920 --> 01:53:44.760]  So what's he going to do now? He's going to back up. He's going to throw the ball again,
[01:53:45.720 --> 01:53:51.720]  but he's going to throw it harder. What the heck did you do to this darn gravy?
[01:53:51.720 --> 01:53:57.720]  If you interrupt someone that's been running one of these patterns on you for years
[01:53:58.520 --> 01:54:04.520]  and you've interrupted them cleanly, you can expect them to come back at you much stronger.
[01:54:04.520 --> 01:54:13.880]  When I first worked out this procedure, mama would get me every time. When I first began to interrupt her,
[01:54:13.880 --> 01:54:21.720]  she'd come back at me like gangbusters. It took a while. I had to do it a few times.
[01:54:21.720 --> 01:54:26.840]  Once I understood it, she would push that button and I'd do this dance.
[01:54:26.840 --> 01:54:33.320]  And in the middle of it, I would realize what I just did. I fell for it again.
[01:54:34.200 --> 01:54:40.120]  And then she had nailed me again and I'd fall for it again. And then one time she pressed that
[01:54:40.120 --> 01:54:48.360]  button and I gotcha. I caught it before I responded to it. I guarantee you Barbara,
[01:54:48.360 --> 01:54:55.400]  the first time you catch him trying to push one of your buttons and you catch yourself before you
[01:54:55.400 --> 01:55:07.000]  respond, that day will change everything. That's when you realize you can take control of situations
[01:55:07.000 --> 01:55:12.920]  that you've never felt like you had control in again before. And all you do is interrupt him.
[01:55:13.880 --> 01:55:18.040]  Don't try to manipulate him. Don't try to get him to respond a certain way. Just interrupt him
[01:55:18.040 --> 01:55:26.600]  so that he has no idea what you did. Now you can tell when you got him because you'll see his eyes
[01:55:26.600 --> 01:55:31.880]  go out of focus. He'll just freeze there for a second. And generally it takes about two or three
[01:55:31.880 --> 01:55:37.560]  seconds from a good pattern interruption for somebody to get their struts back under them,
[01:55:37.560 --> 01:55:43.160]  feel, figure out something to do. Then he's likely to come back harder. Once you can interrupt that
[01:55:43.160 --> 01:55:53.880]  one. I have never had to interrupt someone more than twice. People will change behaviors that
[01:55:53.880 --> 01:56:00.120]  they've done all their lives. Sometimes it's changed them so dramatically, they'll get
[01:56:00.120 --> 01:56:08.440]  amnesia forever doing them. This can, it can be so effective, it'll scare you. But it really does
[01:56:08.440 --> 01:56:18.040]  work. I present this as a tool for affecting positive change in other people. It's positive
[01:56:18.040 --> 01:56:23.960]  change because you can't manipulate a particular change. Never ever does that work. They will catch
[01:56:23.960 --> 01:56:29.400]  you every time. We got great tools for telling when somebody's trying to manipulate us. But when
[01:56:29.400 --> 01:56:33.880]  somebody just slides a little speed bump out there and we stumble over it, we look around,
[01:56:33.880 --> 01:56:40.920]  what happened? What happened? We don't have a clue. That is an incredibly profound experience
[01:56:40.920 --> 01:56:49.080]  for human beings. They will pull up these patterns, make adjustments to them. They will
[01:56:49.080 --> 01:56:56.520]  change behaviors they've done all your life. You will be amazed. This will give you a tool
[01:56:56.520 --> 01:57:04.440]  to begin to interrupt these negative patterns. And then you can go back to treating one another
[01:57:04.440 --> 01:57:10.120]  like with dignity and respect. And so if he comes up with a different behavior and it's equally
[01:57:10.120 --> 01:57:16.440]  unsatisfactory, you just keep interrupting him until he gives you a good behavior and then you
[01:57:16.440 --> 01:57:22.440]  respond positively. Now I present this as a way of affecting positive change in other people,
[01:57:22.440 --> 01:57:30.920]  but that's not really true. This tool, once you get it, once you feel it,
[01:57:32.360 --> 01:57:37.800]  it will allow you to begin to recraft your own behavior.
[01:57:39.800 --> 01:57:45.240]  You will actually get to consciously and deliberately reprogram your own behavior
[01:57:45.240 --> 01:57:50.200]  so that he won't be able to interrupt you. Other people won't be able to interrupt you.
[01:57:50.200 --> 01:57:57.080]  What we show about how to go after public officials, most everything I demonstrate goes to this.
[01:57:59.000 --> 01:58:05.240]  I go into court and I react and respond to the judge in a way that he has no idea what to do with
[01:58:05.240 --> 01:58:12.760]  me. And that interrupts a lot of this nonsense and BS and we get down to real business here.
[01:58:12.760 --> 01:58:17.640]  We're about to go to break. We'll pick this up on the other side. Randy Kelton, we have our radio.
[01:58:17.640 --> 01:58:24.680]  I call it number 512-646-1984. This is our top of the hour break, so it would be a good time to go
[01:58:24.680 --> 01:58:31.320]  check out our sponsors. We have our fundraiser on and it's doing incredibly poorly. We're
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