Uncharacterized Omission #1
Definition
Factual technique
Presenting an opposing party's inaction, omission, or procedural failure as a plain factual assertion — stated without editorializing, placed after contextual setup, and left for the reader to draw the conclusion independently.
Example
"No notice of appearance has been filed by opposing counsel." (after establishing that counsel has been actively practicing in the case)
Anti-pattern
"Opposing counsel inexplicably failed to file a notice of appearance, demonstrating a troubling disregard for court rules."
Requirements
- The absence must be verifiable (a filing that doesn't exist, a deadline that passed)
- The absence must be unimpeachable (the opponent cannot dispute that they didn't do it)
- The absence must be placed after contextual setup that makes the omission meaningful
- The absence must be stated without editorial characterization
LLM failure mode (7a — Editorial Gloss on Negative Facts)
LLMs consistently add characterizing language to factual absences. "No demand was served" becomes "Defendant failed to serve a demand, demonstrating disregard for proper procedure." The addition of "demonstrating disregard" converts a factual presentation into editorialization. This failure mode is near-universal in current models and is a primary discriminator between Tier 1 and Tier 2 output.