The Basics of Protecting Your Own Legal Rights

No matter what kind of legal transaction you enter into, certain very basic, common-sense steps should be taken to protect your own legal rights.  These are things which only you can do to protect yourself, as they involve decisions you make on the spot, under time pressure, which will affect all of your legal rights for the rest of the life of the transaction, and beyond.

1. 1. You have the right to read everything you sign.  It doesn’t matter how long it takes. you should insist on reading any document you are asked to sign.  Those who would take advantage of you may pretend not to understand your concern, may even make you feel uncomfortable for doing so.  Those behaviors, along with  being put in an awkward situation which discourages reading the paperwork should be regarded as red flags, telling you to watch out!  When you encounter such tactics, you should be even more careful to read each and every line.
   
   

2. 2. You have the right to understand every provision.  After all, why read it if it doesn’t mean anything to you?  The modern trend in law schools is to teach lawyers to write clearly and understandably, with less “legalese.”  If documents you are presented are confusing, ask for clarification, and get it in writing.  This is another red flag which suggests you are about to be taken advantage of.  If you still don’t understand after clarification, you need to talk to an attorney.
   
   

3. 3.You are entitled to a copy of each and every piece of paper you sign.  Without your own copy, you can’t prove the foundations of the transaction later, should it be necessary.  Not only that, you may not remember what you actually agreed to, setting the stage for misunderstanding later.
   
   

4. 4.Certain ground-rules which are sometimes surprising (at best) and completely illogical (at worst) are almost always part of the transaction.  Some Examples:
   
   You can’t rely on what you are told by the Seller (or Buyer).  Most form contracts have clauses which specifically exclude oral statements.
   
   You can’t count days or calculate deadlines without instructions.  Most contracts tell you how to count days, and the answer is frequently different for short periods (under 5 or 7 days) and longer periods. 
   
   Being a nice guy doesn’t always work in your favor.  If the other side is doing something which violates a term of the contract and you permit it without complaint, you might waive the right to complain in the future when the same behavior involves more important issues.
   
   

5. 5. It is important to understand what it takes to enforce your rights in court.  The existence, terms and breach of a contract are all legal conclusions, which a Court bases on the entire history of events between the parties to the alleged contract.  Each and every meeting, conversation, and piece of paper which passed between the parties is relevant to that history, and needs to be preserved in the form of original documents, correspondence and/or your clear, unambiguous (and contemporaneous) notes.  In other words, document, document, document.  Whether you are in court or not, the person who can relate the history of the transaction the best is in a position of power when there is a disagreement.  Most people will back down when faced with an adversary who clearly knows the facts better than they do.  Sometimes you just have to work harder than the other guy.