Can you legally assault someone by doing nothing?
Turns out you can.
In this case, the victim was a cop.
It all started when the police officer told a man to move his car. The guy did. Backed it up “accidentally” right onto the cop’s foot. The cop yelled at him to move, but the guy refused. True story.
In court, the driver argued that driving onto the cop’s foot was an accident. Consequently, he argued that there was no criminal intent, and therefore, he should not be punished.
Do you think he got away with it? Why not, right?
People sue for defamation because they look like Michael Jordan and often get mistaken for actually being him (look it up).
People sue McDonald’s if their coffee is too hot (this one is actually legit, but the misinformation surrounding the case has reached Urban Legend status).
In this day and age, it’s certainly not out of the realm of possibility that his reasoning could sway the jury. But on a gut level, something seems clearly wrong in this situation, doesn’t it?
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If someone has the ability to prevent harm or make something right and fails to take action, it is his or her responsibility to act. Turns out the jury felt the same way. They weren’t buying the driver’s logic.
While they agreed that assault could not be committed by neglect, they disagreed on the nature of the crime itself. Once the driver realized he had driven onto the officer’s foot and decided not to act, the basis for assault had been established.
In this case, the driver’s failure to act was punished, and his conviction was confirmed.
There are many types of financial advisors who would NOT be a good fit to work with us. Above all, those stuck in information-gathering mode who are not prepared to take action top the list of bad fits.
The truth is, I feel the same way about that type of mindset that I do about the above example. It’s simply wrong on a gut level.
When you know you need to act but refuse to, you are wrong. It’s really that simple.
The financial advisory industry is not waiting around for you to make a decision. Act now or get lost in the shuffle.
Please, if you are not interested in making a decision today, do NOT book a call with us because we clearly would not be a good fit. However, those of you who are willing to act and make the right choice for your practice now, please call and set up a strategy session.
While failure to act in this instance is not criminal, the adverse affects on your business, your family’s quality of living, and your personal and professional goals may as well be. Click below for some free training on how this works: