The Documented Floor #3
Definition
Factual technique
Presenting a verifiable documented minimum rather than an estimated total, forcing the reader to extrapolate upward independently. The reader's own estimate is always more persuasive than the drafter's assertion.
Example
"The delayed shipments documented in the record represent a floor, not a ceiling. They do not include: (a) shipments delayed in the months since that filing... (b) shipments routed through a second carrier... (c) shipments under a separate purchase order."
Anti-pattern
"Respondent has missed dozens of delivery deadlines." (asserted without documented floor — judge has to take your word for it)
Requirements
- A specific, documented dollar figure is presented as a "floor" or minimum
- The drafter identifies categories of spending not included in the documented figure
- The drafter does not state the estimated total until after the floor is established
- The reader performs the arithmetic independently