# How to be legally safe

*DISCLAIMER: None of this is legal advice. It's all common sense or ideas heard from others. It doesn't clarify how to be a decent human being, and complete compliance may, in fact, do the opposite. Visit [My Omnibus Terms and Conditions](https://stucky.tech/terms/) if you feel compelled to sue.*

In a litigious society, everyone must learn basic legal safety.

- 80%+ of the people, in *any* society, are decent-enough that they honor laws and don't like litigation at all.
- The other ~20% of the people may cause trouble for you in a legal capacity, since they're willing to profit off the experience without regard to others.
- 3-10% of that 20% are *superb* at unethically exploiting legal boundaries and conducting [lawfare](people-conflicts-war.md), and they're very dangerous to even *associate* with.

In short, basic legal safety involves several things:

1. Be a decent human being.
2. Keep *some* sort of record of every potential future conflict.
3. Stay out of court.

And in effect, there are two broad approaches to legal safety, depending on [how much risk](socialrisk.md) you wish to take:

1. Live a [moral, ethical](morality.md) life, meaning you simply must record everything you do if it becomes intricate or complex.
2. Live a hyper-vigilant life, where you stay near the razor's edge of legality, but requires *constantly* paying attention to any changes in the rules.

## Courts often aren't fair

Laws are the most intensely enforced social norms.

- Law is the domain where human decency breaks down.
- Some laws (like murder) tie to a [philosophical human universal](humanity-universals.md), but other laws do *not* break [cultural norms](people-culture.md).
- Even though some laws threaten prison or death, there's a certain degree of subjectivity and interpretation that only lawyers can expertly navigate.

Unfair discrimination in law is tragically frequent.

- In principle justice is blind to favoritism, but imperfect and corruptible people carry it out, and it's *also* sometimes [blind to facts outside the situation](https://gainedin.site/idiot/).
- Most court cases are a battle of attrition through attorney fees, and the groups that typically win court battles have more money to pay their lawyers.
- People can often abuse laws to operate against the spirit they were originally designed for.
- While "innocent until proven guilty" is often [the doctrine *within* the courts](legal-doctrines.md), the police system around it is typically "guilty until proven innocent" and in practice becomes "innocent until proven poor".

The nature of [human bias](mind-bias.md) means *all* law enforcement will profile you.

- For much of the law enforcement world, you're a name and a list of prior events they know about.
- The opinions of prior law enforcement will *heavily* influence how they see you, especially anything codified in a dropdown menu.
- You can't run from your [data reputation](image-modern.md), but you can certainly change the trajectory by behaving as compliant as reasonably possible for the circumstances.

Every court hearing is [inherently biased](mind-bias.md).

- Except for forensics (i.e., [science](science.md) for legal purposes), each person in a court is human.
- Many cases *never* make it to trial because they're resolved with a settlement or plea bargain, which means it becomes a complicated [negotiation](people-conflicts-negotiation.md) about specific provable facts that align with various regulations.
- Though the judge or jury decide the case if it goes to trial, everyone in the case affects the verdict by their pull with those deciding people, and the ruling is at the judge's discretion.
- In some incredibly infamous instances, a strictly philosophical disagreement has exiled good men or sentenced them to death.

To put it another way, laws aren't directly morality:

1. Law is a [value system](values.md) made collaboratively over time by [leaders](groups-large.md) with [authority](power.md).
2. At first, the values reflect the leaders' [philosophies](philosophy.md), but adapt and conform to [trends](trends.md) over time to enforce [justice](morality-justice.md).
3. Law enforcement will create [consequences](results.md) for those laws, but those consequences aren't necessarily moral.
4. If there is anything moral about the laws, they exist in the framers' minds, and future morality comes through how future leaders interpret it.
5. We all, in our mind, have an [imitation](image.md) of those laws, which is perpetually over-ruled by permutations and misunderstandings of those laws relative to how large organizations use them.

## Be tactful

Your legitimate innocence is the best legal defense, and being a decent human being will avoid most legal issues.

People don't usually sue well-liked people.

- The only people who [good people](people-love.md) are varying degrees of [evil](morality-evil.md), and are either conceited enough to waste money or know how to abuse the legal system.
- Your reputation (in [whatever form it takes](image-modern.md)) is a history of past interactions with other people, and people [trust](trust.md) it because it expresses your [habits](habits.md) over time.
- Behave [fairly](morality-justice.md), with *everyone*.
  - Without people who value you (e.g., your [legal fiction](image-modern.md)), your reputation is defined by the pettiness and cruelty of your worst enemies.

Manage [conflicts](people-5_conflicts.md) correctly.

- If someone will *not* like what you want to do, conflict is unavoidable.
- Even when others deserve it, avoid harshness.

Never, *ever* escalate a conflict.

- The person who starts yelling is the first antagonist (though it's protected in many Western societies, barring some exceptions like threats).
- The one who makes the first physical interaction (e.g., punching, throwing water, etc.) is usually performing some form of assault.
- Escalating a conflict (e.g., pulling out a knife or gun) can often make your case *far* more severe in a criminal hearing.

Make your public presence (e.g., social media) as a persona.

- When you use a brand, people look for your official legal name behind it.
- If you use your full legal name, you open yourself to the risk of identity theft and other social risks (e.g., doxxing).
- Using a fake name or a nickname allows you to maintain a reputation without the risks of connecting to your legal existence.

## Be careful when you're not sure

Be very cautious about [every contract you consent to](people-6_contracts.md).

Most legal issues come through inappropriate behavior or inappropriate [boundaries](people-3_boundaries.md).

- How you behave establishes a [habitual precedent](habits.md), and deciding to change toward practicing healthy boundaries may become a [breach of contract](people-6_contracts.md).
- If you *had* been overstepping your authority, then stopped, a court may still consider you to perform your over-reached actions (since you had set a precedent).
- The longer your relationship with someone else in a professional capacity, the more implied expectations, and the higher the likelihood of bad boundaries.
- Carefully consider *anything* you do [habitually](habits.md) with others.

Extend your legal risk calculations to people and things that go beyond you.

- You can often be held legally liable for the consequences of [pets](fun-pets.md), [employees](mgmt-1_why.md), [children](parenting-children.md), [vehicles](autos.md), and [property](home-maintenance.md) associated with your name.

Your silence may exonerate you.

- Except for specific professional duties, simply *not* saying something is typically 100% safe.
- Not saying things (or simply not responding) often requires *much* more research for someone to prove anything.
- Stay completely open about obvious matters, but it's wiser to stay completely silent about things people don't need to know.

Research the [rules](people-rules.md) whenever possible.

- Governments usually post their laws publicly (though many [bureaus](bureaucracy.md) have unclear or conflicting precedents), which usually make sense if you can get past the [jargon](glossary-legal.md).
- Closely consider *everyone's* legal rights and responsibilities.
- Even when you're violating your responsibility, them violating *their* responsibility exonerates you ("In pari delicto").
- The rules are often more complicated than they seem:
  - Some laws are only written down (de jure), but are not enforced.
  - Some social rules are *not* written down or formally established [cultural norms](people-culture.md), but are a terrible idea (de facto).

Either record *every* legal filing you must perform, or pay someone to do it.

- Get every permit, certification, and purchased right before doing *anything*.
- When you don't know, the legal code itself is typically available to the public, even if you can't afford a lawyer.

Watch for specific places with higher legal risks:

- Being in public, where more activities are considered criminal behavior (especially late at night).
- [Transporting things](logistics.md), especially across political boundaries.
- Speaking with officials (e.g., police, judges, etc.).
- [Operating a vehicle](autos.md), where some otherwise legal activities (e.g., drinking alcohol) are illegal.

Whenever you feel unsafe, record *everything*.

- Maintain audio recordings of every important conversation, and get their consent when the situation permits.
  - Many times, a recording is inadmissible in court without them consenting to it, but your *testimony* of the recording is still valid.
- Get a vehicle dashboard camera designed to save the last few minutes of video when you hit a button.
  - If you're particularly paranoid, carry a portable retroactively saving camera on you with you *everywhere*.
- If you can't record the conversation, summarize the main thrust of the conversation in writing.
  - Write down relevant names, times, and places.
  - Do *not* use erasable gel pens, and use a pencil if you're not sure.

Always give precise clarifications to your testimony and promises.

- Only state what you know to be true.
  - *Always* clarify if you don't precisely remember something.
  - [Lying](people-lying.md) in many contexts risks a wide variety of problems: lying under oath, defamation, libel, slander, false advertising, fraud.
- Give all relevant information to permit others to make the most educated [decision](people-decisions.md) possible.
- You will [*not* remember everything perfectly](mind-bias.md), and that humility can protect you in many capacities.
- Always add modifiers that imply uncertainty ("I remember...", "By my recollection...", "The statement I read was...").
- If you're giving advice, add modifiers that imply expertise but no promises ("I've experienced this...", "This has happened before elsewhere...").

### Choosing associates

Trust others, but verify everything.

- Screen people and perform background checks.
- Screen organizations (e.g., [Better Business Bureau](https://www.bbb.org/), [AM Best](https://ratings.ambest.com/)).
- Someone may approach you for a business arrangement, but with illegal intent, and your consent may make you the accessory to a crime.
- Don't [invest](money-investing.md) in anything where you don't know how the object was sourced, or with multiple third parties involved.

Research who you're working with.

- Ask a wide variety of people to assess the [reputation](image.md) of a person or entity, *especially* professionals in industries close to them (e.g., asking an [accountant](money-accounting.md) about a bank).
- If you're particularly concerned, pay for background checks to make sure (such as private detectives or [credit checks](money-2_debt.md)).
- If you act on behalf of someone else (e.g., sales representative, agent), misstatements you make are often legally enforceable as being from the organization you represent.
- Even if you have no criminal background, associating with criminals could [get you in legal trouble with them](legal-safety-crime.md)

Avoid conflicts of interest.

- It's easy to mix personal and professional matters when we work with our friends and family.
- Be careful borrowing from clients or loaning money to them.
- If you're an agent and have a murky situation, get out of the way and have the parties directly interact with each other (at least for that situation).

Avoid discrimination in any form whatsoever.

- It's intuitive to not discriminate *against* someone, but favoring someone can often be illegal as well.
- Even when you *do* discriminate, make sure you have a secondary reason as well (e.g., gender discrimination is illegal, but body type may not be).

Keep at least *some* connections with large organizations: large entities have *strong* ties to other large entities, and spread a *lot* of information back-and-forth.

- [Insurance](money-insurance.md) consults LexisNexis' CLUE report, as well as police records as applicable
- Banks use checking account reports and a [credit score](money-2_debt.md)
- Medical entities consult the Medical Information Board
- Most employers run background checks, which show criminal history
- Apartments, telecom companies, and others have their own

## Managing disputes

Avoid "legal voice".

- Stating legal rights antagonistically will win *no* favors, and typically creates more friction (e.g., "You must vacate by next Tuesday because I hold the title deed to the property").
- That tone can exploit people through [fear](mind-feelings-fear.md), and may often be founded on correct information, but even the slightest misstatement or provocation to the wrong person can bring the wrath of a more sufficiently funded legal battle upon yourself.
- Instead, expressing some degree of empathy for the difficulty of their situation (without apologizing) can go a *long* way toward their compliance and general peace in an altercation.

Always keep yourself open to mediation, [negotiation](people-conflicts-negotiation.md), and arbitration.

- Getting a settlement is a win/win when done correctly.
- Only go to arbitration as an individual if you can legitimately take them to court if it fails.

Besides a settlement offer, *never* start a dispute.

- Don't say anything that someone could construe as a threat.
- Do *not* strike first in a physical altercation, and preferably only respond after they've drawn blood on you.
- If you have a gun, only fire it if you see them about to fire theirs, and you have nowhere to retreat.

For your safety, have a general idea of how a physical altercation will end.

- if you're not sure if you'll be safe, dial 911/211 and leave the phone in your pocket (since they'll trace it).
- Don't expect the police to save you: a violent assault which can kill you will happen in seconds.
- Do *not* intensify the fight: while you can walk away from most fistfights, the chances of surviving a knife wound or gunshot at close range are unlikely.

People usually sue because they desire justice or expect financial gain.

- A lawsuit is meant to recover damages, but prosecuting for non-material damages like emotional or psychological damage is usually very difficult.

If you can take a favorable settlement, you'll come out ahead.

- Legal fees are expensive, for everyone, so consider that when negotiating the settlement amount.
- A judge's decision is binding, and can only be overturned by a higher court if you can successfully appeal it.
- On the other hand, avoiding a judge (or appointing a mediator/arbitrator) guarantees more flexibility within the proceedings.

The "burden of proof" sits differently depending on the system and context:

1. Civil cases apply the "balance of probabilities" doctrine.
2. Criminal cases apply the "presumption of innocence" doctrine.
3. Most interactions with law enforcement informally applies the "presumption of guilt" doctrine.

### Terminating contracts

Consider the costs they cover, versus what you must pay.

Understand ahead of time what the late and cancellation fees are, and how they're assessed.

Stay aware of when the owner can enter the premises without consent, including the domain of emergencies.

If you plan to have guests/family or [pets](fun-pets.md), read what the guest and pet policies are.

Look at what you can change to the property, and to what extent.

Look at what *they* can change to the property, and to what extent.

### Defending yourself via prevention

Disclaim *everything*, since nobody can sue if you've successfully repudiated yourself as:

- Not giving actual advice
- Your product isn't intended for any useful purpose
- Your service doesn't assist in any capacity that provides any benefit
- Nobody should use your product, and you're not liable for the most dangerous or illegal ways it could possibly be used

Don't let other people abuse your choice of words.

- Apologizing by force of habit is an unintentional admission of guilt.
- If you disclose *any* unnecessary information, people can misuse it for things like slander or false advertising.

Observe who is suing and why.

- Many lawsuits come from parties-in-interest who aren't directly making the agreement.
- Many attorneys create work for themselves by pursuing illegitimate cases they can change conditions with to win on a technicality.
- Other groups, such as patent-abusers, file actions against people who can't afford a huge legal battle to extort a settlement.

Don't get too curious.

- Sometimes, merely *knowing* something can get you in trouble.
- Don't ask questions unless you're prepared for the answer, as well as the legal implications that come from knowing it.

Build a network of competent professionals including an [accountant](money-accounting.md), [insurance](money-insurance.md) agent, [lawyer](legal-doctrines.md), and [realtor](home-buy.md).

- A professional applies every thought, action, and spoken word as 3 possible forms of "status" toward the interests of their client:
  1. Advantageous
  2. Risky or dangerous
  3. Irrelevant
- To them, every word has a very, *very* specific meaning with several uses:
  1. Delivering a very specific set of information with very few words.
  2. In-group virtue signaling to indicate legal proficiency to other lawyers.
- Keep around lawyers for all relevant domains you work in:
  - [Intellectual property](legal-ip.md) - patent, copyright, or trademark
  - Business law - business or corporate
  - Family law
  - Health law
  - [Tax](money-accounting.md) law

### Defending yourself via protection

Don't own anything.

- By not officially owning anything, nobody can sufficiently pursue you for damages in a civil case.
- If you have a prominent legal presence, transfer ownership to someone else (e.g., a trust, family member, friend, etc.).

Don't owe anything.

- A [debt contract](money-2_debt.md) is effectively a localized form of [slavery](slavery.md).

Don't say anything.

- Since what you say may be misrepresented, only state things that are recorded or in writing.

Never begin paying for installments unless you intend to finish paying it.

- The first $1 payment declares a [contract](people-6_contracts.md) as legitimate.

For a minimal fee, you can register your dog as an "emotional support animal" and landlords can't discriminate or raise their rent for it.

If your car is about to get towed, jump inside it to qualify further action as kidnapping.

If you're a professional with a government-endorsed certification, you're held to a higher standard.

- To operate in an official capacity as a teacher, doctor, architect, lawyer, beautician, engineer, banker, insurance agent, investment counselor, or psychiatrist, it requires continuous education requirements and a much higher standard of behavior and care.
- However, you can often operate *without* government approval in very specific capacities, and without the responsibilities involved from the official title.

Only discuss legal matters with a qualified lawyer.

- If you discuss it with *anyone* else, you expose yourself to more risk.
- If someone else asks for information or documents, including another party's lawyer, you do *not* have to provide them.

If you ever *are* served documentation regarding a legal dispute and have plenty of money, paying money to high-quality lawyers can heavily affect your results.

- By postponing the situation, requesting continuations and stays, and generally prolonging the event, you can win a case simply by attrition.
- If you lose the case, you can generally appeal it and try again with more postponement.
- Eventually, the prosecutors' action can fall outside the statute of limitations or the prosecuting party will give up.

### Defending yourself against errors

In a professional capacity, it's impossible to avoid legal action (since you *can* make mistakes which some people *will* sue you over).

- It's *critical* to get errors and omissions or malpractice [insurance](money-insurance.md) to transfer the risk away from you (and permit you to keep working).
- While courts won't hold you liable, it can still incur legal fees.

Most errors simply come from misstatements.

- You can avoid most of them simply by re-reviewing the contracts you're framing or the performance everyone expects.

If you're *writing* the contract, keep the language simple.

- [Poor writing drives difficult legal language in most contracts](https://www.sciencedirect.com/science/article/pii/S0010027722000580), *not* specialized concepts.

### Going on the offensive

Treat most interactions as [contracts](people-6_contracts.md).

- There's a requirement to perform on both sides.
- If they don't perform, you are entitled to sue.
- Generally, the threat of a lawsuit is worse than the suit itself (since it'll cost a *lot* for everyone involved).

If someone performs a breach of contract and doesn't pay, don't hunt them down.

- The legal costs for suing about unpaid fees is only worth the cost if it's a *lot* of money, and is typically worth selling the bad debt to a collections agency instead.
- If you've overpaid, the damages for seeking restitution aren't worth it, and you'll damage the organization far worse by publicly shaming them on social media.
  - If you *do* make the experience a public event, make sure the information isn't protected by a privacy regulation (or that part is omitted) and that your issue is [fashionable](trends.md) enough for most people to feel angry about it.

Generally, it's a better bet to leave a hostile work environment than sue.

- By natural consequence of an [employer/employee](jobs-1_why.md) relationship, you have less power (and legal resources) than them, even if a jury would more likely side with you.
- If your manager and manager's manager are working together, you will succeed *much* more by recording the experiences and publishing them on social media after quitting.

## Legal safety is *not* part of the Good Life

[The Good Life](goodlife.md) encompasses more [meaning](meaning.md) than simply [protection from risks](safety-riskmgmt.md).

The only way to stay fully out of trouble is to do absolutely nothing.

- Every single [task we perform](purpose.md) comes with legal risks.
- Therefore, most [meaningful](meaning.md) and [ethical](morality.md) tasks are often *more* risky legally than if we did nothing.

Living a [good life](goodlife.md) requires operating *outside* the world of what's legally admissible.

- We can only find [happiness](mind-feelings-happiness.md) in our thought life, and legal matters are only the world *around* us.

Fight for a worthwhile fight.

- You have the resources to fight 1 battle reliably: against fraud, against [FAANG](faang.md), against [country-sized corporations](politics-monopolies.md), against a government.
- You may not win that battle, and even when you do, the prize for it may not be worth it.
- Choose wisely.