Resurrecting Recognizable Phrases

[MUSIC PLAYING] My name is Jason Ingber. And I'm your host. We're here with Keith Mitnik, who's going to be giving us a whirlwind of old adages that you can resurrect and use in your daily life and in your practice to up your game and value. Keith, can you give us a quick snapshot before I-- Sure. --let you jump into this. This is-- I call it resurrecting recognizable phrases, which is just a fancy way I came up with for Don't Eat the Bruises that was kind of catchy. But it really is just old adages. That just didn't sound as exciting. And the idea is, people have-- everyone's heard old adages. The beauty of an old adage when it comes to making a point or convincing someone or persuading somebody or communicating in a powerful way is old adages have history that person heard their grandparents say it. Their parents say it. You've heard it your whole life. So it's trustworthy. It's coming from-- you know, people talk about better times, whatever. It's coming from a place of trust. And it's got a warmth to it because if it's from a variety, it's an old friend coming to visit you're glad to see. And it has instant meaning. You don't have to explain what-- you say something like, rather be safe and sorry. You think I got to explain it. Let me tell you what I mean by that. So it's shorthand and it's got this added benefit of being so trustworthy because they heard it long before you ever said it from people they trust it. So that's-- Got it. The idea behind it. Historical value with a punch behind all of that built up in meeting. We all know what it means. And that's why I call it resurrecting because some of them you hear all the time. And I live in courtrooms. Now use these all the time. But some of these may not have used them or heard them in 10 years. So I'm resurrecting them. I'm digging them up and putting them up where they go, oh, and as soon as they go, they go, I know what that means. That makes sense to me. And now you're the head start and convince of somebody. Without wasting it a lot of time, explain it. It's memorable. They can bring it back up. It's sticky. I've talked about things being sticky. It sticks to you. They can carry it into the jury room and say, yeah, but forget to say, should have been rather been safe and sorry. And there's some other examples of that. Meet the all cluster. These sayings tend to cluster around a point. And the point being, I'll give you an example. Someone having a trip and hazard on a sidewalk. We talked about that in an earlier episode. And-- or someone goes to an ER and he going with chest pain. And they send him home so you find they have a heart attack at home. Those kind of situations all fit this cluster of those old adages. Rather be safe and sorry. Which we all know means don't take unnecessary chances. And I'll use that phrase too after I've got it. Once you say, rather be safe and sorry, the train's moving in the direction I want it to move. Then you can start using non-adage, non-perfect words, and have a normal conversation where you're not being so careful with everything comes out of your mouth. You can freelance talk. So you say, rather be safe and sorry. And say, they just took unnecessary chances with someone else's life. Now, let's think of the power on that one for just a minute. Unnecessary. There's chances doctors do all kind of stuff. You're taking a chance at them and everything they do. Unnecessary chance. You could say unreasonable chance. But unreasonable is an ambiguous term. What's unreasonable one person's reasonable to the next? If I say unnecessary, go, well, you got damn sure it shouldn't be doing things unnecessary to patients. So taking unnecessary chances with someone else's life. That reminds the jury we're talking about. Look, if he wants to take chances in life, that's fine. These people trust you. They're relying on you. Don't for God's sake take unnecessary chances with their life. It ain't your life. It ain't your baby. So rather be safe and sorry is the catch phrase. That's the adage. Everybody knows. Then you start putting words on it. They're your words. Like in this same segment, we're going to talk at the tail end of creating your own catchy phrases. They work just like old adages, except they're like a poor man's old adage because they don't have all that history and trustworthy. But they're still sticky. So you get the sticky benefit by coming up with catchy phrases. You just don't have the history. So rather be safe and sorry. We're on a roll. Everybody knows. Then you start adding took unnecessary chances with someone else's life. Another one we've all heard fits the same model. We've all heard folks an ounce of prevention is worth a pound of cure. What's that about? There's an apartment complex. They got a hole in the fence in several places. They got no security guard and half the lights that are supposed to make it safe at night are out. And it's in a rough neighborhood. What's the defense going to be? Crime happens like this. It's too quick. It's too unpredictable. What are we supposed to do? If we'd had a life guard, if we'd had a security guard, what if he was on the other side of the building? This person would have been shot and robbed already. By the time he could get over, they're asking for too much. That's where you drop in one of these like an ounce of prevention. It's worth a pound of cure or head it off at the pass. What is that? What's the goal with that phraseology in the jury room? In the jury room, I want, for example, in that factual scenario. They're going to go back and say, yeah, how are they supposed to stop it? Well, my case was built around ounce of prevention and headed off at the pass to say, of course, it happened so fast. You're not going to prevent it once it starts. You have to prevent it before it starts. You have to discourage the people from coming, deter them from coming on. If your fence is all tight, if your lights are on, there's a security guard marching around. The criminals don't want to go to jail. They go, I'll go down the road to that one to doesn't have a security guard. You headed off at the pass because why? Once it happens, no one's going to stop it. It's too quick. Now, guess what? I've just taken their whole defenses that happens too fast. It made it-- I say to make matters worse. It happens so fast you can't do anything about it. So what do we do here? Why are they responsible? Because they should have got out in front of it. They know what kind of neighborhood it is. They know that they need to rather be safe and sorry. They understand that if ounce of prevention is worth more than a pound of cure, just head it off at the pass. I've just thrown three of them in. Some's sticking with somebody. Anytime then that you're trying to head off someone in that way, you could use that labor. Sure. And anytime you're trying to convey-- you should have just gotten ahead of this. You say that label. Right. Look, your son comes home and flunks a test. And they say, that was a really hard test. You know I studied really hard last night. You say, all right, but you could head that off at the pass because you started last night at 9 and went to bed at 10.30. And you knew about the test all week. How about we start studying a couple of days earlier and head it off the pass because if you'll wait to the last minute, you may not have time that it sticks in your mind. Start earlier. Head the F off at the pass. All these work-- so when you're trying to communicate to somebody where you want to get out of it and head it off, nip it in the bud. That's another one, nip it in the bud. Nip it in the bud before it ever starts. Someone's your daughter's dating that some guy who's a bad apple and you know it. What are you talking to your husband about? What are we going to do? We got to nip this in the bud. We don't want to marry that jackass. So all those phrases work. It's just a-- it's like a little atomic nuclear reactor. It's small, it's short, it's fast, and it's so potent. So-- What other-- what other addages are we-- I'm going to learn today. Well, I did don't take unnecessary chances already with someone else's health. How about-- here's one that fits-- I'm going to give you again a cluster of them-- terms for-- let's take-- the doctors have a team. And it just-- not a damn one of them did the right thing. And all of them should have picked it up. And no one did. And the defense is defending that. You wind up litigating med mal cases on top of just-- Oh, the time. Car crash cases. Oh, God, I do product cases, mass torque cases, business-- we call a business trial group. We're hired on a-- You did mass torque pharmaceuticals? Oh, yeah. There's not a case out there that I haven't tried probably. That's a civil lawsuit. Continue shooting the mass torque pharmaceuticals into what you're talking about now in any story or something that you would remember from that. It's just the fascinating area of law. I mean, that one fits. They didn't do all the testing they should. They got-- with the FDA, they held some stuff back. They didn't show this to the FDA. Yes, they got approved, but it was kind of a little slight of hand how it got approved. Everyone knows what slight a hand means. Everyone-- that's a magician. It's a magic trick. You say the way they got it through is a bit of a magic trick. They waved the wand over here and they palm the quarter over here. And they said, it looks that wand looks real good. Sure, you're pretty good. But they can't hide behind what the FDA said when they were not an open book. There's another one with the FDA. They were not an open book. So, and then if you're in with it, someone goes to the hospital. They see the internist at the hospital. That's the hospitalist. They see the specialist who's an infectious disease, and they see the surgeon. And everybody blew screwing around. There was a tumor now that cancers beyond treatment. And you got to sue all three of them. Because what do they do? Their defense is, you think they all just dropped, they all missed it. It wasn't there to be caught reasonably. They're all just committing malpractice. All three of these fine local doctors, and they take comfort number. So, what do you do back to that? Well, this is where some of these antages fit. Well, there are too many cooks in the kitchen. The left hand didn't know what the right was doing. It slipped through the cracks. Because nobody was paying attention. And here's another one that fits that very well. This is actually, I'm skipping ahead. This is not an old adage. This is a phrase, a catchy phrase that sounds, it's sticky. It sounds like it ought to be an adage. This is one that Morgan came up with. If everyone's responsible, no one's responsible. What's that mean? In other words, you better assign someone to make sure this is done. Not just folks, there's a room of eight people. We need to get this done. Everybody agree, yeah, okay, walk out. Who the hell's going to do it? Everyone's responsible. And the answer is everybody was supposed to do it. That's what everyone thought the guy sitting in the lady, the other side was going to do it, so no one did it. It comes up in slip and fall cases, in grocery stores all the time. They come in and say, our policy is any employee of ours, when they move through the store, they're supposed to be checking the floor for any foreign substances that may be slick, indeed calling in for help and standing there. So we have a very good policy because it involves everyone. Well, guess what? You get their corporate representative up and say, have you ever heard of the saying, if everyone's responsible, no one's responsible, you understand what happens? The person in front of you walking through the store is figuring the one behind him is going to do it. And the one behind him who's taking notes, figures, the stock boy in front of me is going to do it. Nobody does it. That policy was for your protection, not your customers, so you could hide behind it in this courtroom and make it sound like you were actually being careful when in fact it does nothing. It's worthless. If anything, it makes it more dangerous because everybody can pass the buck to something, pass the buck to somebody else. So, and how do we know, proust in the pudding? I love proust in the pudding. What you're saying is, look, you can't say every outcome was because of X. That's another saying, money morning quarterbacking. It's easy to say you do something different after you know the outcome. But some things in all likelihood don't happen if you did it right. And the person in the pudding, look what happened, proust in the pudding. Okay, I love that one and I know you've used that one, the responsible everybody. If no one is responsible, then everybody is responsible. If everyone is responsible, no one is. If everyone's responsible, then no one is. I got to ask though, does that make you more inclined to want only a judge to try your cases? No. Or a jury? It depends on the judge. Because a jury, everyone could pass the buck. A judge has got to be responsible for bringing back a verdict you want. I just believe in the jury system, even though sometimes it's broken my heart overall. It works and it depends on the judge. But if it's a judge that I really trust to do the right thing and they're smart and fair and conscientious, I would go often on a judge trial. But on that case, the defense is never going to agree. They're going to want the jury trial. And if it's a judge, I'm not, is enamored with. I don't want them to decide the outcome of the case. I'll take those jurors. So rarely do you try, occasionally we do. But you're 90, 90% of your trials are, or what percentage of your trials aren't jury? 99.9. I don't do a lot of bench trials. It's called bench trial. But action speak louder than words. It's a great one. Action speak louder than words. Everybody knows the means. I know he said that he didn't run the red light and hit us. But he left the scene. Why did he take off? If he didn't do anything wrong, he'd be there for wanting to tell the police officers what in my fault this person cut me off. That's their story. Why do you run? And everybody goes, you know what? Your actions are bullshit. Your words are bullshit. Your actions so you wouldn't run. I've done it in lawsuits with doctors. Where suddenly they've changed a record. And you caught them. Because we can go do these searches through the computers and fine stuff and change. And so now you know they change the record. And they'll have an explanation that it looks bad. And you get up and say, you know, action speak louder than words. He said he did nothing wrong. He did it by the book. Why would he change the records? Why would he change those two words? If he did it right. You don't need an expert witness to tell you. You know from your common experience in life. His actions are somebody that had something to hide. Not somebody that's an open book. I did everything by the book. There's a bunch of string up in there that just kind of come to me naturally. Because I use them so much. But so let's go to. Let's go to some of the things that I've done. So let's go to. Let's go to some of these catchy phrases you make of yourself. Those are I can go on and on with the actual old adage is you get. So now you're going to give a formula to create your own catchy phrases. No, I'm going to give you. I have a formula for how to come up in our next segment. We're going to talk about the real tapping into the real power of analogies. And I have a formula for those. I need to. Glad you said that though. I need to really work on a formula to figure out something that I can pass on that makes it more reliable and easier to access these creating own catchy phrases. I have not. You're so into that creating a process of there's logistics structure around your wisdom. I think we could do it live. Let's try and figure out and sharpen with whatever tools you're about to give me right now. I'm going to go through all of you thinking is there's some steps that come to mind. I'll keep that in the back of my mind. We just did one. The grocery store policy. Everybody looks all the time in their movement that if everyone was responsible, no one's a response. Like I said, I didn't come up with that one. Morgan did talking about within the firm, but it applies all over the place. But here's another one. And I believe we talked about this in an earlier episode. Your client sitting in court and then look her. Your client is on Facebook looking like they're having the time of their life. And your client really has a herniated disk in there and a significant pain, but it's not the kind of injury interferes so much with the doing is the experience of doing. And it's really dampening the enjoyment of life. That kind of case. There's a phrase that I came up to get that point across to up them actually. Catchy. It's not cane pain. It's pilot light pain. Now everyone knows what a pilot -- look, I had someone in an audience. I was speaking and say, how do you know if you got younger jersey, then I know what a pilot light was. And I went, you know what, I'm showing my major right. And they said, maybe you can come up with something else. And I took it to the heart and I thought about it. I always say, I don't want to be right. I want to get it right. So I thought, you know, he's got a good point. And then I thought there isn't a better way to say it. But I need to practice a little preventative medicine here. I need to say to the jurors, for those of you that are old enough, you all know about pilot light. It's always there flicker in those old gas stoves of the -- or in the hot water heater. You turn them off. It didn't go out. There's that little thing flicker. Then you turn it up. And my client lives between the flickering and the pilot light, depending on these choices made. And my client has had to -- they have this injury has taken away my client's freedom to live life without having to make all these choices. Do or don't do. And if I don't do, I'm going to have done without -- I want to do and would have done. If I do do, I'm going to suffer the consequence and end up on a heat and pad. So you run through all that. But at the core of that is cane pain. It sticks. Why -- It's not cane pain. It's like the home Wi-Fi. It's always there and always on, but it doesn't flare up unless it's pressed. The exact cane pain on Wi-Fi. That isn't very good. I like that. That's for the younger jurors makes that point. But cane pain -- why does cane pain work? Because, hey, I want to get the picture. The fact that he's not using the cane getting around doesn't mean shit. And you're thinking he doesn't look hurt because you're saying he ought to have a cane. Well, this isn't that kind of injury. That doesn't mean it's not a big deal. But it's rhyming. Why do you think all the kids stories and all have rhymes? And a lot of the poetry is rhyming. And rap is all got rhyming in it. A lot of songs have rhyming in it. Rhyming works. We are taught to react positively to rhyme. Part of it is it's sticky. Rhymes stick. You can't -- you know, how many people will ever forget if the glove doesn't fit, you must be quit. It was catchy as shit. And I know Johnny Cocker. I actually tried a case week sat in the audience. And in case he had tried the first time and I retried it because we were in an area that we were afraid his notoriety was going to play poor with some of our jurors. And so on the retrial, I tried it. And I had him come up and whisper in my ear and I said, I got something from Johnny Cochran, my friend here, that he wants me to share with you. And so we ended up giving him, because it ended up, we had a lot of African Americans on the jury. So it became a positive, but all the way deep in the case, so he couldn't come back. - You guys plan that out, that he would come whisper in your ear. - I plan out him coming after I got in here. I called up John Morgan. I said, John, we were in the middle of this trial. And I believe this jury that we were keeping Cochran away, I think it will be a benefit. Can you get him here? And he got that. - I don't want to get it right. I don't want to be right. - Yeah, that's my own catchy phrase. - That's Keith getting it. That's practicing what you preach right there. - So cane pain, it rhymes, it sticks. Now you gotta be careful, because there are people who applauded that verdict at HoJ, there are people that hated it. So you gotta don't get so catchy, they go, it sounds like the club don't fit, you must quit. But you could still do rhymes. You just gotta be careful and then get a little too much and sappy and like you're being some silver tongue devil. You gotta come from the heart, they gotta be sincere and they gotta be not too seroppy. But there are a lot of them. Here's one that I came up with a couple of years ago and I love it. In the courtroom, they are often suggesting that your client may not really be hurt. They may be fake. They you rarely say it. Why? 'Cause they're afraid it's gonna backfire. They're afraid that you're gonna fend jurors that just call him this person a fraud. So they hint at it. And I've sat in a court and watched him hint and never say it. And honestly, it's like, that was a big thing of Rick Friedman's "Polarizing the Jury," which is a fantastic book. And Rick's a friend and his point overall overarching that included this. Don't let them get away with acting like they're really being classy and nice when they're really doing nasty things. Call it out. That's "Polarizing the Jury." Let's put it at the opposite. So my phrase that I came up with that is the same kind of concept as "Polarizing the Jury" on these points is the courtroom is not a place for hinting. It's a place for saying what you mean and backing it up. And if you're in a particularly feeling good about yourself, you could add on the end of it, courtroom is not a place for hinting. It's a place for saying what you mean and backing it up or a hush up. And then I'll say in closing, well, they've never said it, but they've been hinting at the old trial. They want you to believe something. They don't believe it enough to even other drive to their own mouth. That tells you all you need to know why. You've heard me say it at the beginning of the case. Court is not a place for hinting. It's a place for saying what you mean and backing up. You can't back it up then a hush up because there isn't any proof. So stop it. And it's a powerful. And that court is a place for hinting. It's not a place for hinting. It just flows. There's an iteration to it. It doesn't rhyme, but it's got that quality that it's a memorable kind of like a say. Here's another one. When somebody gets caught and they won't own up, like I catch the doctor, change in medical record. He's got a million excuses. So rather than own up, he's trying to cover up. That's got the right. Rather than own up, he's trying to cover up. Here's another one. So the jury understands this is a forever injury. I say to the jury when I'm talking damages, this is a verdict for all time. I've said it so much it is an old adage to me. But it comes it's memorable. It's short. It's catchy and it's sticky. This is a verdict for all time. Now here's another one. We don't come back in 10, 20, 30 years and do an update jury. We get it right now or we don't get it right at all. Now when they go to deliberate and someone says, well, that's enough money. Say, well, maybe for what happened in the past, but this is a verdict for all time. And if we don't get it right now, we don't get it right at all. And so we're not even considering what are when they turn 50 and 60 and 70 if they make it 80. So it is a catchy phrase. So when the jury goes back to deliberate, those jurors who have seen the light in our on your side can help persuade other jurors who are led astrayed by the defense to come back on or at least take the wind out of their sales. So they're less motivated to fight to the bitter end. They say, all right, bye. I want to go home. So you got to-- I consider them like given little packages, little wrapped up packages that are inside them soundbikes, like sending a tape recorder back to your jurors. They can open it up whenever they need it and repeat it. And it's almost like you're a ventriloquist. It's like-- Just like a belt of hand grenades. Just given those jurors who passionately know we're right, and we are right, I'm helping them with phrases that may work with the other jurors. At a point in time where those jurors made up their mind and the ones that are against us aren't listening to damn thing, I got to say. But you know what they will listen to? A fellow juror during deliberation. So I'm putting the-- I'm arming my jurors to do the work of justice. And I'm hopefully taking the wind out of the sales of the ones against us, maybe change your mind, but at least prepare them that they're not as excited about fighting forever so that the good jurors that have seen the way have a less resistance in getting them. So-- I love that. --here's one a couple more. Somebody-- Yeah, you got-- OK. Somebody has had a red light. I mean, off on a little side road, our clients come and note there's no stop sign for our client. They had the stop sign. And they're behind some bushes and can't see our client come in. And the person's defense was, I can't see back that far. I could never pull out. So I started to pull out and they tried to say, if your client wasn't speeding, then we'd have been fine. Our client wouldn't speed, they hired someone to make it up. But in any event, so I came up with one of those catchy little phrases for that case. And I've used it many times since where somebody's defense-- in fairness, they really couldn't see well. Well, the answer is, if you don't know, don't go. If you don't know, don't go. Go down another street. You cannot just roll the dice and play Russian Relat, because you can't see. And we won that case big. And righteously-- and I'll guarantee you there were jurors that to somebody back there, if you don't know, don't go. I don't want to hear about how you couldn't see. I didn't give them license to just pull out in front of them and re-may him on the motoring public. So here's one. And I'll do a couple more and then we can wrap it up. There was-- I have cases against cigarette companies. And the defense is choice, choice, choice. That is one of the most powerful words I've ever seen in litigation. They can win. They're defending someone who smoked a bunch of years. And while they were back then doing everything in their power to downgrade the threat level, people would hurt something back then. And they kept smoking. And they say, well, that's their choice. Everybody-- remember, everybody has believes in choice. What's choice mean, personal responsibility? You've made choices. Now you died from cancer. Don't blame the cigarette company. And it's a choice may be the single most powerful word I've ever faced in the court. And the cigarette industry came up with. And I've come up with a bunch of ways to deal with it. But it's still-- it's a force of nature. That is a powerful word. Well, I came up with something that can be used in any arena when the word choice is being used against you. And it's this. Choices are not made in a vacuum. They are a product of circumstances. We all know that. Let me give you some examples. On a hot day, you wear a sweater, not a t-shirt. On when it's third and inches in a football game, they may try to trick them through a long pass. Odds are, they're going to run it. If it's third and 20, they may try to trick them with a draw run, but they're probably throwing a long pass. If stills just one more in football, if you're ahead by three touchdowns as a minute left and you just scored, you do not do an on-side kick. But if you're down by a touchdown, and you just scored, and there's a minute left, pretty good chance you're going to do an on-side kick. Choices, every one of those was a choice. What code I work? Here's another one. On a cold day, most people have hot drinks. On a hot day, most people have iced drinks. All of those were choices. Circumstances. Can you talk about the choices you make in the clothing you wear as you go through a trial? Sure. You know, different-- I just spoke at something at the National Trial Warriors Association down, and it's called the Trial Warriors. So-- You got to get me invited to that group. I'll get you next year. We just did it. It was a great, great outing, much really good speakers, and a huge turnout. It was a great event. But in any event, Lisa Blue, who's a great lawyer, has written books on all kinds of things, in particular, she's jury selection out of Texas. And she's just a class-- Lisa Blue? Lisa Blue is in the color blue. Very good, Lori. We've been doing it a long time. just a good person. And she was up talking about what to wear and she laughed because she asked could she go in front of me because she had to go pick up some granddaughter or somebody and had to leave early. Could you mind if I go I'm only going 30 minutes. I said of course, go. So, but she laughed before she walked off she thanked me and said, it's funny you're wearing a brown suit. And I thought why is she saying that? She got up on stage and one of the things she talked about is dressing and how you got to look powerful and strong and you don't want to wear earth tones. You want to wear these powerful power suits and ties and she wears a red dress because you stand up and actually got me thinking because she put up pictures there are a bunch of people on a stage and one of them is in a red outfit and they stand out. Someone was in a different color and it was a tan color and they stood out the worst way kind of disappeared with all the power. And to me and I believe in all those little nuances are worth talking about but honestly to me I use and I don't know Lisa made me write I may need to go get me a red suit but she wouldn't say her. Can people work for her? It can work for her. She's teaching it and I have enough respect for her to I'm thinking about it but here's my current thought. I wear brown like just like I got on today for jury selection. I've worn this suit and so many jury selections. Why? Because I worry that jurors are going to think we're coming and thinking we're powerful strong bullies kind of negative things that a charcoal gray or navy suit. I would just look like a corporate suit and I don't want to look I'm not frankly in life. I wear brown more than I wear brown or black but I wear a lot of brown. I just like brown and it really is who I am. But with the jury they meet you and you're in a brown suit you're not what they thought. You look a little different than I expected and I think that helps bridge some of these negative connotations that wouldn't be fair but they're bringing them forward because they have met me yet. So while we're getting to know each other let me dress not like the jackass you think I might have been because I'm not that person. So the brown to me is approachable and it's not I'm not trying to march around and own the courtroom. I do want to own the courtroom and I want to act like I'm a jackass doing it. Second day I usually wear an olive for opening because again we're still getting to know one another. Time we finished opening in jury selection opening if they haven't kind of got to know me we haven't we haven't broken what do you call an icebreaker hadn't happened I'm in trouble. And you're wearing LED lights on top of a top. No I don't but what like for example I do cross examinations I wear gray or black if it's a big cross is black you know it's like you're the undertaker I'm we're doing serious lethal business today and I feel in a black suit or a charcoal gray suit you look serious I just don't want to look like that uptight serious guy but now I want the witness to go I got a force of nature coming at me and he looks pretty serious and then closing I usually switch to navy blue because it gives you it's an authoritative look and so I want I need to have authority talking to him I'm not going to get authority because I put on a blue suit but why not have something that fits well with the authority I hope I'm gained by shooting straight with the jury the whole trial so so um love it that is amazing now we've done old adages and we've done creating your own basically old adages these catchy phrases they move the needle for you and next in the next series sequence we're going to do one of my favorite topics all time which is the tapping into the real power of analogies it's a fun one and it's a real difference maker so let's I'm gonna say goodbye for today and look forward to the next one this was amazing thank you so much drenching drenched in wisdom open book versus sleight of hand unreasonable is ambiguous I think we should title this series who the blank needs law school here's Keith I think Mark Morgan's bold enough what they're marketing to do something like that and I'm serious because you learn about reasonableness as a golden standard in law school as a young lawyer I still have a vivid memory of that in torts in contract everything but you are saying in the real world you got to be very intentional with how you craft your adages how they pack a punch and I loved all of them you know what I'm saying we're all tart to say he failed to use reasonable care he was negligence which means fairies reasonable care that is so boring it's so ambiguous and what the hell is negligence in it how about he failed to do his job right everyone knows amazing I got a job to do and I better do it right I don't need some legal stand I say we have to prove there were negligence which means fail to use reasonable care which simply means on that day on the road he didn't do his job right from that day in the house that doctor did not do his job right I love it is it fair then to say that whenever you have a legal standard or some sort of legalese that's a flag to figure out either an adage or a catchy phrase from yourself absolutely doctor failed to meet the prevailing standard of care what nails have me and by the way there's no book you can go out say here's the standard of care so how do you get the point across in a way the jury can sink their teeth in and get it look it's he failed to use reasonable care what was expected were reasonably careful doctor under the circumstance you know what that just means there's certain minimum there's certain minimum standards to be careful and safe that they're supposed to do and he just didn't even come just I'm not talking about way up here just basics fundamental ABCs he didn't do his job right amazing amazing thank you so much Keith I really enjoyed as always I can't wait for the next one thank you bye