Protecting
Our Lives and Affairs
By
Jimmy Scott, Ph.D.
Our modern
world is rapidly changing. Common sense is almost extinct. Lawsuits
abound for the flimsiest excuse. Fairness and honesty take a
back seat to an attitude of “You owe it to me (because you have
it and I don't)”. Responsibility for one's own actions is avoided
any way possible. Intrusive Governments seem bent on regulating
every tiny aspect of our lives while hiding the truth from us
on very important matters. The “Health Authorities” want to force
us into toxic and deadly harmful practices. Our traditional rights
and freedoms are either ignored or stripped from us at every
opportunity. Demanding privacy in your life and business affairs
now seems to mean you must be doing something illegal. Most disturbingly,
people seem not to care. As practitioners, people who have a
responsibility to others, we are especially at risk. Just because
we are fair, honest, open, and on a “proper” spiritual path no
longer is protection enough. We must actively take steps to protect
ourselves and our families legally and financially.
There are
multiple options available to us. The best approach is to implement
several of these together. Each of these is only briefly discussed.
I make no attempt to cover these topics in a comprehensive way.
Really knowing
our Constitutional Rights is the keystone. Research
Programs, Contracts, Private Membership Organizations, Church
Structures—all can protect us legally. Business Structures and Trusts can
protect our assets and sometimes reduce taxes. All of these programs
are fully Government recognized, legal, moral, and ethical—and
are used routinely and extensively by those who are educated
in the need for protection and how to achieve it.
A few years
ago in California the realm of the “deep pocket” became so enticing
that finally a new law was passed to protect the “more” innocent.
This came about because whenever someone was sued for any reason
whatsoever, anyone with a “deep pocket” (meaning having assets)
even remotely related to the case was included, the reasoning
being that since someone had to pay, they might as well be included
because they had the means to pay. So if the drunk driver was
unable to pay the damages from his accident, the person he got
the drink from was included in the suit, not to mention the manufacturer,
the distributor, and perhaps even the delivery truck firm. It
often happened that the most remotely related person ended up
paying the entire cost. The new law provided that in assessing
damages, the percentage of liability of each liable person was
determined, regardless of the depth of their pocket. That was
a good step, but still did not address the issue of people being
responsible for their own actions!
A famous
California case involved a fellow who was attempting to rob a
local school. He fell through the skylight to the floor below,
permanently injuring himself. He sued the school district for
damages and won the suit. After all, the school should have anticipated
his possible criminal actions and taken steps to prevent his
accident!!
In a Florida
case recently a fellow out of jail on probation committed another
crime. He sued the Probation Officer and the Probation Department
on the grounds that if they had done their job right he would
not have committed another crime. He actually won his case.
Suppose
you suggest to someone they give up an allergic food. They do
so and during a withdrawal reaction emotional outburst they hit
their spouse with the proverbial frying pan. The spouse sues
you claiming the outburst was because of the food withdrawal,
and not only that, Medical Testing “proves” the person was not
allergic to the food anyway. Unless you are able to prove the
person did not properly follow your written instructions, and
that Medical Testing is incorrect, and that the outburst had
nothing to do with the food, you could easily lose the case and
along with it your home, your life savings, and your spouse's
business.
How do we protect ourselves? Let me count the ways...
Constitutional
Rights
When did you last (ever?) read the Constitution? Please do
so! You will be amazed by what you read, especially in light of
many current events. Of special interest here is the Ninth Amendment:
“The
enumeration in the Constitution of certain rights shall not
be construed to deny or disparage others retained by the people.”
This means
that all rights not specifically given to the Federal Government
by the Constitution are retained by the people. This includes
the right to make private contracts, including those with your
Clients, with Private Membership Organizations, with a Research
Organization, or with a Church. Furthermore, the Tenth Amendment
states:
“The powers
not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.”
In other words,
the United States has limited powers and the people have great
powers. In an honest Court System your rights will be upheld
IF you assert them at the earliest opportunity.
Contracts
You have the Constitutional right to make a private contract
with your client to provide the services they desire. Although
verbal contracts are certainly legal, a written contract makes
more clear who promised what to whom and for how much. Properly
executed the Contract can supersede protectionist bureaucratic
rules. Probably a stronger case can be made for Contracts through
a Private Membership Organization because if your Contract is legally
challenged you will have the full Membership Organization backing
you up. Their lawyers are well versed on the issues and possibly
better able to handle the legalities than your local Mall lawyer.
