We have long advocated to auctioneers all over the United States to put everything in writing. Certainly, contracts, and other like agreements should always be memorialized with all parties to the contract provided a copy.
We wrote about contracts always being in writing here: https://mikebrandlyauctioneer.wordpress.com/2016/04/19/auctioneers-always-written-contracts/
However, with the advent of social media, it’s clear to me that certain things should not be in writing — and possibly not expressed at all despite some limited First Amendment protections.
We feel this is consistent with our prior thoughts about free speech. Speech might be free is one sense, but not really “free” in another sense, as it can cost one’s reputation and possibly future business. That prior article we referenced is here: https://mikebrandlyauctioneer.wordpress.com/2018/03/01/giving-my-advice-to-auctioneers/
Liz Ryan recently contributed an article to Forbes Magazine regarding things to necessarily not put in writing: (you can read here: http://www3.forbes.com/leadership/ten-things-never-ever-to-put-in-writing/?utm_campaign=Ten-Things-Never-Ever-To-Put-in-Writing-80931)
The bottom line in her article was don’t put something in writing …
Any message or sentiment you would not be happy to have blown up to 100 times its original size and projected on the conference room wall with your company’s executive team in the room
Relately, Dr. Wayne Dyer was famous for writing (and saying):
When given the choice between being right and being kind, choose kind.
I suspect everyone has struggled with the insecurity of being wrong — I know I have, and likely still do. Dyer’s premise suggests that by attempting to prove someone else wrong to prove ourselves right, we are being unkind.
In my one line of work which requires me to testify in court, being kind isn’t always an option, and being right is often expected. For that matter, as an auctioneer, being kind over right isn’t always an option either. Otherwise, I continue to work on being more kind.
Nonetheless, there are many things that should be in writing, and there are other things that should not. Probably a good idea for all of us in the auction business to think just a bit before putting something/anything in writing.
Lastly, it’s important to note that the First Amendment only establishes that Congress (and by extension the federal government) shall make no law prohibiting freedom of speech … thus allowing the private sector to regulate/prohibit ill-advised speech otherwise …
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.
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