John:

I appreciate the reply and I think I agree with a lot of your posting. What you are saying is similar to what Steve said earlier that where this comes up with the court is after an event. Here is where you and I may have been saying the same thing. When this questions comes before a court there is nothing limiting the court as to what they use in making their decision. What they look for is something that the profession has chosen, such as 921 for their training document, and they compare that to the actions of the person. What you are saying is that what they use can be a number of different items other than written text alone.

There is nothing to disagree with this idea and I think what you stated here fits right in line with the definition I was using. Mine was very broad to fit all profession or lay persons, where yours in mort to the point of a profession.

Your answer does supply valuable information for me and others to use when evaluating this topic. I think this is what was needs earlier.

Thanks

Jim