5 Legal Myths You Probably Believe (And What the Law Really Says)

The law can be complicated, and sometimes what we think we know about it is completely wrong. Let’s bust five common legal myths that could get you into trouble.

Whether you're navigating business contracts, criminal law, or personal rights, the law is full of complexities. Unfortunately, misconceptions about legal matters abound, and they can lead people to make serious mistakes. From “I can’t be sued if I’m right” to “a verbal agreement isn’t binding,” many myths about the law persist in everyday conversations.

It’s time to separate fact from fiction. In this blog, we’ll explore five common legal myths and reveal what the law really says. Understanding these misconceptions could save you from unnecessary trouble down the road.

1. "I Can’t Be Sued if I’m Right"

Many people believe that if they're on the right side of an argument or situation, they can’t be sued. This, however, is a huge misconception. The law doesn’t always determine a case based solely on right or wrong. It’s about legal procedures, evidence, and how the case is presented in court.

For example, a person might feel they have a solid defense in a contract dispute, but if they didn’t follow the legal process (such as adhering to deadlines, filing properly, or submitting required documents), they could still lose the case.

What the Law Really Says:You can be sued for a variety of reasons, and being “right” is not a guaranteed defense. Courts look at evidence, intent, and legal compliance, and lawsuits can proceed even if you believe you’re justified.

2. "A Verbal Agreement Isn’t Binding"

It’s a common myth that only written contracts are legally binding. Many people assume that verbal agreements aren’t enforceable. However, this is not entirely true. In fact, verbal agreements can be just as binding as written ones, depending on the circumstances.

For instance, if two people agree to a deal over the phone, and both parties carry out their obligations, this could create an enforceable contract. The only challenge is that proving the terms of the agreement without a written document can be difficult.

What the Law Really Says:Verbal contracts are enforceable, but they can be harder to prove in court. To avoid ambiguity and disputes, it’s always best to get agreements in writing. However, in some cases (such as simple contracts), verbal agreements hold legal weight.

3. "All Employees Are Entitled to Overtime Pay"

It’s often assumed that every employee is entitled to overtime pay for hours worked beyond 40 hours a week. While this is generally true for many employees, there are significant exceptions. For instance, salaried employees in executive, administrative, or professional roles might not be entitled to overtime pay, even if they work more than 40 hours.

In addition, the rules regarding overtime can vary by state, and different industries might have different regulations for overtime eligibility.

What the Law Really Says:Under the Fair Labor Standards Act (FLSA), only non-exempt employees are entitled to overtime pay. Exempt employees, such as those in certain professional or managerial roles, may not receive overtime, even if they work long hours.

4. "I Don’t Need a Lawyer if I’m Innocent"

Many people assume that if they’re innocent, they don’t need legal representation. This is a dangerous misconception. Whether you’re facing criminal charges or dealing with a civil matter, the legal system is complicated, and even the most well-intentioned individuals can make mistakes without proper legal advice.

In criminal cases, for example, individuals might think that speaking to the police without a lawyer is harmless. However, anything you say can be used against you in court, even if you’re innocent. Legal professionals are trained to navigate complex legal systems, and having one on your side can help ensure your rights are protected.

What the Law Really Says:In any legal proceeding, the law doesn’t assume innocence automatically. Legal representation ensures that you can present your case effectively, avoid potential pitfalls, and prevent mistakes that could harm your situation.

5. "If Someone Is Suing Me, I Can’t Do Anything Until the Lawsuit Is Over"

Another common myth is that if you're being sued, you’re powerless until the case is resolved. While lawsuits can be lengthy and stressful, there are actions you can take early on to protect yourself and potentially even avoid a trial.

For example, many cases are settled outside of court, and with the right negotiation, the matter can be resolved quickly. Additionally, you can file motions, request evidence, and even try to get the case dismissed before it goes to trial.

What the Law Really Says:There’s often more you can do during a lawsuit than just wait for the outcome. Pre-trial motions, settlement negotiations, and alternative dispute resolution options (like mediation) can help resolve the matter before a trial is necessary. Legal action doesn’t have to be a passive experience—you can take steps to control the situation.

Takeaway:It’s easy to believe certain legal myths, especially when they’re passed down from friends, family, or online forums. But as we’ve seen, the law doesn’t always work the way we think it does. Whether you’re dealing with a contract, a lawsuit, or a workplace dispute, it’s essential to separate legal fiction from legal fact. Understanding the true nature of these legal issues will help you avoid unnecessary complications and make informed decisions.