Paper Trail

Paper trail. Merriam-Webster defines it as “documents (such as financial records) from which a person’s actions may be traced or opinions learned,” in use since 1935.

Cover your ass, or CYA. “To keep oneself/someone else from being blamed or punished.” It can also name a risk-averse mentality, often characterized by excessive paperwork and documentation.

The Handshake with Mrs. B

In 1983 Warren Buffett bought most of Nebraska Furniture Mart from Rose Blumkin, known as Mrs. B. He did not audit her inventory or books. “Mrs. B simply told me what was what, and her word was good enough for me.”

Even so, the deal had a document. It is described as a handshake deal on one page, or as a purchase proposal of less than two pages.

Boxing Helena

The actress Kim Basinger withdrew from the film Boxing Helena. The producers sued, saying she had entered into and broken an oral contract. There was no signed contract, and no place for Basinger to sign as an individual.

A judgment of more than $8.1 million was entered against her, and the verdict bankrupted her. In 1994 the verdict was set aside on appeal. She later settled for $3.8 million.

Prenups

In 2022 the Harris Poll reported that 15% of Americans who have been married or are engaged had signed a prenuptial agreement, up from 3% in 2010.

A 27-year-old software engineer told Harris in 2026: “It’s not a sign that we’re preparing for divorce.”

The Constitution Is Written

In Marbury v. Madison in 1803, Chief Justice John Marshall explained why the United States has a written constitution. “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written.”

If You Didn’t Document It

Nursing guidelines state a rule. The Missouri Department of Health and Senior Services begins it with a capitalized word in its documentation guidelines: “REMEMBER, if you didn’t document it, it didn’t occur.”

A nursing textbook explains why. “Legally only actions or care documented are seen as being completed.” It adds a reminder that the note may go to court and must be readable by a jury.

Ask for One

The Federal Trade Commission’s guide for homeowners hiring a contractor gives plain advice: “Even if your state doesn’t require a written agreement, ask for one.” The contract “should be clear and concise and include the who, what, where, when, and cost of your project.”

Changes go on paper too. “A change order is a written authorization to the contractor to make a change or addition to the work.”

Signing Day

A high school athlete’s verbal commitment to a college is a public statement of intent. It is not binding. Either side could back out before signing day.

From 1964 the National Letter of Intent was the document that counted. In October 2024 the NCAA phased it out. Today a signed financial aid agreement marks the official signing. Oral commitments and social media posts still count as unofficial.

Not Worth the Paper

“A verbal contract isn’t worth the paper it’s written on” is one of the most famous lines credited to the producer Samuel Goldwyn. Alva Johnston attributed it to him in his 1937 book The Great Goldwyn.

The website Quote Investigator found the joke much earlier. It appeared in the Irish Law Times in 1890 and in a 1926 newspaper column by the comedian Ed Wynn. Quote Investigator concludes that Goldwyn probably never said it. A 1969 account has Goldwyn saying the opposite about the producer Joe Schenck: “His verbal contract is worth more than the paper it’s written on.”

The Statute of Frauds

Every American state has a law requiring certain contracts to be in writing and signed. The rule goes back to an English act of 1677. It was meant to prevent fraudulent claims that would otherwise be “upheld by perjury.”

Typical cases are contracts for land, contracts that cannot be completed within one year, and promises to pay someone else’s debt. For goods, the Uniform Commercial Code adds a threshold. A contract for the sale of goods “for the price of $500 or more” is generally not enforceable without a signed record.

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