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Gary Marshall
Technology Law & Litigation
Seattle, Washington
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Don’t Trust People Who Say You Can Trust Me

Do not trust people who say you can trust me; practical advice for avoiding legal problems.
Written Nov 21, 2010, read 3024 times since then.
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Do not trust people who say you can trust me. In my experience, if someone says to you “You can trust me”, you should run away from them as fast as you can. Otherwise, you may end up with legal problems.

People who can really be trusted do not have to say “You can trust me.” They say “You can trust me, and I will prove it to you. You want me to put it in writing, sure. You want references, sure. You want to talk to your attorney first, sure. No problem. What else do you need? I have nothing to hide.”

But a person who is just saying “you can trust me” does not mean it. If they come up with an excuse not to put it in writing, there is a reason. They do not want you to know what they intend to do, or they want the option of changing the deal later, in their favor of course.

A variation on the same theme is the statement “We don’t need lawyers”, or “I hate lawyers, let’s not waste our money on them.” True, there are plenty of bad lawyers who will make deals far more complicated than they need to be or even kill a good deal over minor legal concerns. But a blanket refusal to use lawyers usually has a bad reason behind it. The person making the claim does not want his deal examined too closely. Again, they probably do not want you to know what they intend to do, or they want the option of changing the deal later, in their favor of course. And they know involving lawyers will force them to put their intentions in writing and have them examined by a third party.

Another variation is “We don’t have time to put it in writing. You can trust me. Let’s just proceed.” It is rarely the case that this is true. Usually it is just a negotiating tactic. It is a way of putting pressure on you to not put the deal in writing. Insist that there is time. If the deal is worth doing, it is worth doing right. And it is worth putting in writing.

Once in a while, there is a valid reason to trust someone and not to put something in writing, but even then, it is not a good idea. I had a client who wrote a book with another person. The other person had agreed that he would write material that my client could use in her book and she would pay him half of the royalties. He was a very respected elder American Indian. He would not put their agreement in writing. He said that his word was his bond. This feeling came from a long tradition. So she agreed. He died before the book was published and his heirs, who then owned his property, including his writings, tried to stop the publication of the book, claiming there had been no deal. She had a major problem that could have been prevented if instead of trusting him, she had insisted on putting their deal in writing. Even if you really think you can trust the person, don’t. Get more information, put it in writing, and when it is about something that really matters, have your attorney look it over too.

 

Learn more about the author, Gary Marshall.

Comment on this article

  • Certified Public Accountant 
Seattle, Washington 
Laura Dodson, CPA
    Posted by Laura Dodson, CPA, Seattle, Washington | Nov 21, 2010

    This a great point. I always ask to see a partnership agreement, articles of incorporation, etc. before I prepare a business tax return. It always amazes me when those very important documents haven't been recently updated or even created.

    The expediture isn't a 'cost' of doing business, it's an investment in the future of the business.

  • Owner 
Fredericksburg, Virginia 
Linda Clevenger
    Posted by Linda Clevenger, Fredericksburg, Virginia | Nov 22, 2010

    I have run into that before myself...when someone says that "you can trust me" it is typically because they have had a situation in the past that is haunting them and they feel that they need to justify something...who knows what that could be. They typically want something for nothing too.

  • President - Software Knowledge 
Nashville, Tennessee 
Steve Kozy
    Posted by Steve Kozy, Nashville, Tennessee | Nov 22, 2010

    While you make good points, I happen to be one who often says 'trust me'...

    I use the phrase to relay my assurance about...

    Some people DO have others best interests in mind, and simply chose to use a minimal of words. Steve

  • Indexer | Technical Writer | Editor | Environmental & Town Planner 
Bellevue, Washington 
Paul Sweum
    Posted by Paul Sweum, Bellevue, Washington | Nov 23, 2010

    I can understand Steve's concern...while I understand the point of the article, it's a rusty wire to walk when you're issuing what can be perceived as a blanket statement.

    I've never said "You can trust me" to anyone in business before...the more I think about it, I don't think it's ever entered my head.

    I've always been of the belief that trust is something that is earned through one-on-one interactions and persistence in the business I do. Folks interested in my services have access to work samples, references, or whatever else...it's a no-brainer.

    If we need to write up a contract, I have a template on standby, although I don't push it. In my industry, I favor "easy to work with" over presenting hoops for publishers to jump through. If I presented hoops, I wouldn't get as much work, lol. It's a small industry.

    Each industry has its own conventions and contexts. I'd imagine there's industries out there (perhaps Steve's) in which establishing trust is approached differently, based on the "buyer beware" factor.

    Just something to think about.

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