Latest / WCHS Network Podcasts / 05/23/2024 Ask the Lawyer with Harvey Peyton

Transcript

05/23/2024 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

0:00
Unlock your dream property with meex Realty Group, where Rich the realtor makes real
0:04
estate dreams a reality, whether it's residential or commercial. We've got Charleston to
0:08
Huntington covered. Your key to exceptional real estate experience is start here. Meeks
0:12
Realty Group. Contact us at Meeks dot us. The views and opinions expressed
0:17
on this program do not necessarily reflect the views and opinions of five eight WCHS
0:22
it's employees or WVRC Media. Put the power of Paytent on the side.
0:30
We have the court room experience. Such your need, we never give up.
0:36
We're prepared to fight for your rights. When you need action, count
0:42
on us. Put the power of Paton on your side, the power of
0:50
Babe. You can put the power of Paytent on your side. Hello,
0:59
there, the power of Peyton on your side. You're listening to Ask the
1:02
Lawyer this morning, and Harvey Payton is in studio with this. I'm del
1:04
Cooper filling in for Jeff Jenkinson's on vacation this week. Jep will be back
1:07
next week. However, it's Harvey and now this morning, and you can
1:11
reach out as well. Three zero four three four five fifty eight fifty eight
1:12
three zero four three four five fifty eight fifty eight as our number. You
1:15
can get in on this morning if you have any questions at all about heart
1:19
about the law for Harvey Peyton, Harvey, good morning. How you doing
1:22
today, Oh Dale, I'm doing quite well, thank you. And I'm
1:23
sort of filling in this morning for Tom, my oldest son, who really
1:29
runs the Peyton law firm now. And he, you know, we sort
1:32
of tried to at least divide the radio time up equally, if not a
1:36
little bit of a slant in his favor for the purpose of continuity. He
1:40
had to actually he's a cross for genistry here at the offices of well,
1:46
we'll call his roommate, doctor Byron Black, who's an oral surgeon. Tom
1:49
had to have a two broken tooth, so he had to have it taken
1:53
out this morning, and he's dad, can you cover some things? So
2:00
certainly last week Tom covered for me because I was on I was in San
2:06
Francisco last Thursday having completed a trip. You know, Danny Jones and I've
2:10
known each other since about nineteen seventy one, and Danny was you know,
2:15
as a businessman in Nitro for a while he had the rib place down there
2:17
at the end of the bridge where the Rio Grande restaurant is now, and
2:23
we've always pretty well gotten along, and he's an officionado of train travel.
2:29
Well, I've taken the train several times to and from Chicago to and from
2:32
DC on the Cardinal, but I just had a hankering to take a train
2:37
across the country. Oh wow, So pretty well settled on the California Zephyr.
2:42
That's the old Central Pacific Union Pacific route of the first Transcontinental Railroad.
2:47
So last Sunday evening to Huntington at nine, well, the departure time was
2:55
nine fifty. I got to the station about thirty minutes early in the train
3:00
rolled in twenty one minutes early, and of course we had to wait tilled
3:01
departure time, and chugged out of Huntington right on time and pulled into Union
3:07
Station Monday morning ahead of schedule. And now they've redone Union Station in Chicago.
3:12
It's quite nice, and if you have a room or room met on
3:15
the train, it's first class. So you get to go sit in a
3:17
leaving a little lounge where you can sit and wait for your connections. So
3:22
you chugged out of Chicago two o'clock Central time on Monday, and went to
3:30
sleep sometime in the middle past the middle of Iowa, and woke up in
3:36
western Nebraska, chugging into Colorado and up the Rockies to Denver. Life long,
3:40
layover in Denver, and then it's a gorgeous day across the Rockies,
3:45
across the American High Desert, chug into the valley of the Great Salt Lake
3:50
and then light falls again. Some of my favorite country out there. Oh
3:53
yeah, I love western Colorado. You know, everybody talks about the Snowpeak
3:57
mountains and everything, which is gorgeous, don't get me wrong. But stern
4:00
Colorado where you start getting into some of the plains in the hot desert and
4:01
it looks like like Utah a little bit, you know. I mean,
4:04
it's I love that that part of the country. The largest flat flat top
4:09
plateau in the world is there. I mean, you follow the Colorado River
4:12
essentially the headwaters is the Colorado all the way leaving westward, and then you
4:17
jump over into Utah. But uh, there's light time through Utah through Salt
4:23
Lake. Wake up just just east of Reno, No, Winnemaca actually Nevada
4:29
was the early morning spot, and then you cross Donner Pass down the you
4:36
know, down the Sierra Nevada into U Sacramento, and then actually the train
4:41
stops at a place called Emryville, which is across the bay from San Francisco.
4:47
It's probably I think it's a matter of who has the right to use
4:49
the track right because you're on Union Pacific track as you chug into San Francisco,
4:56
so I'm not sure they have clearance to use any of the bart rails
5:00
to get you over downtown. So you get on a bus and just about
5:01
a twenty minute ride down to excuse me, Union Square. It was a
5:05
wonderful trip managed reading an entire book on the a three day setting. Because
5:13
you're sitting there in the observation car. Oh, it's almost a commentary,
5:16
a sad commentary, I think on current American life. I've took a trip
5:23
to see America, and you can sit there and just watch this vast continent,
5:30
way bigger than you ever can imagine. Oh, boy, reading books
5:34
just rolling by, and I'm looking out the window and you look around and
5:43
what you see the reflections of people's faces looking at it, looking at uh,
5:47
personal electronic devices. Think, why do you why do you take this
5:53
trip? The charm of the train is is I mean, nobody, excuse
5:57
me. Most people aren't taking the train to necessar to save money. And
6:01
you know, I mean usually you take a train because you want to take
6:02
a train. Travel if you take it, if you use a room at
6:05
or a bedroom. I got a bedroom just because I wanted the extra.
6:09
Yeah, and it's more expensive, of course than flying. Yeah, exactly.
6:13
So you're they're not saving money. You would think they would be there
6:15
for the charm. It's funny you bring this up. Just I think it
6:16
was last week. I say, a friend, an acquaintance that I met
6:20
years ago when I was in South America, and we follow each other on
6:24
Facebook, and I haven't talked to her in ages, but I see posts
6:28
come up every once in a while. She finally made it to the US.
6:30
She had never been to the US before. She's from the UK.
6:31
She's a teacher in the UK. And I remember a conversation that a bunch
6:35
of us was having when I was in and there was a lot of travelers
6:38
in South America, very few of them from America. It's it's funny how
6:41
other countries seem to travel a little more like I found that in my travels
6:45
a lot. But we were talking about the different things in our countries and
6:46
things that people would expect and stuff. And the thing that I was I
6:49
said, I cannot imagine. And the thing that I imagine is somebody coming
6:53
to the US for the first time, is people don't have any idea how
6:56
large the country actually is. I mean, you see it on maps,
6:58
and you probably even hear that as sort of road expression of the United States
7:00
on how big of a county does. But if you're not from there,
7:02
I'm not sure you really understand that. Basically, state travel in Europe would
7:06
be country travel. You know, it's really different. But she finally made
7:11
it to the US, and she had this really nice, really sweet post
7:14
that she made a couple of weeks ago about finally making it to the US.
7:16
But her impressions was and she didn't directly reference me, but it had
7:20
to be conversations she's had similar to that in the past. She couldn't believe,
7:24
like I was just talking about Western Colorado, we have so many different
7:28
regions of landscapes and stuff in this country. I mean, it is like
7:31
going from country to country to country. When you go from the American South
7:34
to the Southwest, there's nothing alike. There are absolutely nothing alike. And
7:39
she wrote a really sweet It was a really sweet post. She loved America,
7:42
she loved coming over here. She got to meet some friends that she
7:44
meant while she was traveling, she had a great time. It was very
7:46
charming to read that because you don't read a lot of stuff like I mean,
7:48
we're such a largely integrated society to read something like that every once in
7:54
a while, it's kind of sweet and it's nice. Series well it is.
7:56
I think it recaptures the spirit of American optimism, which it reinstilled than
8:00
me. You're going across the country. You just look at when you go
8:03
from Cincinnati, Indianapolis on the Cardinal, you're following the exact train roadbed that
8:09
Abraham Lincoln took when he left Springfield, Illinois and came to Washington, d
8:13
c. On his inaugural trip in eighteen sixty one. That roadbed, it's
8:18
been upgraded since, but that's it. When you go across the Mississippi River
8:24
somewhere near City Rapids, Iowa, you know you can go across a mile
8:28
wide River. One of the first railroad bridges ever built across the Mississippi River.
8:31
And you chugged through Iowa, which is you know, eye away in
8:35
that that's where the music Man was set, fertile earth, spermi earth.
8:39
You know you see cattle pens out in the Colorados. It's just I mean,
8:45
the sense of optimism when I still have it, you still have it.
8:48
I don't know what's happened to it. I mean, I think the
8:50
sense of optimism has been curtailed and pounded down because if you're a politician,
8:56
you don't want people to be optimistic. You want them to be scared.
9:00
I'll get into this conversation all the time with friends of mine all this country's
9:03
in bed saying, so, what's so bad about Bill? I mean,
9:05
I've got a really, really good friend who's just well, you know,
9:09
I said, No, I don't know. I mean, I'm doing quite
9:11
well. I mean, if I want to go to church on Sunday,
9:13
I can. I can watch whatever I want to on television. I can
9:16
write an op ed, I can read whatever book I like. There's no
9:20
jack booted storm troopers out here waiting for me. I can get in my
9:24
car here in West Virginia. I can drive to California. I don't have
9:26
to show anybody my papers. I worked hard all my life. I've saved
9:33
up enough money I think to live on for the rest of my life without
9:37
killing myself like my dad, and he'd worked all his life and died when
9:39
he was sixty six years old. I carried the mail like a mule,
9:41
right, So what's so bad here? And it almost always devolves back to
9:48
some social issue, sort of disguised in a a facade of religious nash now
10:01
completely unrelated to the teachings of Jesus Christ to my estimation. But what's so
10:05
bad about it? I mean this great? Have we got an election coming
10:07
up? Well, we don't have the best candidates in the world. Obviously,
10:09
we've got Joe Biden, whose age is a big factor, and you've
10:15
got Donald Trump, who character and temperament are a huge factor. Most people
10:20
aren't satisfied with that. But you know, you're going to get to go
10:22
to the polls, You're going to get to have an election. At the
10:28
end, they'll be a winner, they'll be a loser. There'll be a
10:31
January twentieth and things will move over. But you're not going to have to
10:33
worry about imperious trees and as people like Stonewall Jackson and robberty Lee marching down
10:41
the street with guns. That's just not going to happen in the United States.
10:43
I mean, it's good ought to have a movie the Civil War.
10:48
This movie that's out, well, that's just trash. I mean, it's
10:52
just foolishness encourages these thoughts. But I mean, being an American is something
10:58
to be really enthusiastic about. We are a lighthouse to the world. We're
11:01
beacon of freedom and democracy. That's the way I was brought up. That's
11:03
the way Eisenhower was President, Kennedy and Johnson and even Richard Nixon with his
11:11
flaws. You know, the United States Ronald Reagan ended and George H.
11:16
W. Bush ended the Cold War. Right. Freedom, that's what we're
11:20
supposed to be about, and we are about that. Even in this state.
11:24
You know, we've got a lot of problems, and right now I
11:26
don't know what's going on in the legislature. I do not know or understand
11:31
what happened yesterday. By the way, I have a million Nisley, who's
11:33
going to be on with me. I'm filling in for Dave Allen and so
11:35
she's from West Virginia. Watch she's been covering all these stories through CPS and
11:39
the DHHR. What happened last night, We're still trying to get a handle
11:43
on it. Wow, there's a big blow up. WSAZ had a reporter
11:46
that was banned from coming back to the capitol. Saw it like, I
11:50
mean, I saw them broadcasting that, and I told them I've never seen
11:52
anything like that in any level of government. When the when the chief of
11:58
staff of an elected public officials shouts down the hallway at at a member of
12:03
the press who's there on the premises lawfully exercise you know, as a member
12:07
of your banned you're banned from here. I just I think, what's what's
12:13
going to Just open the file? Open the file? A young person who's
12:16
what fourteen years old? Compounded by the fact that we had two other young
12:22
people in their early teens who were confined to a shed here in Kannaw County
12:26
and almost starved to death. Was there a CPS investigation? I mean,
12:30
I saw the director of that who if you're gonna keep your mouth shut,
12:35
keep your mouth shut, don't try and keep your mouth shut. And then
12:37
volunteer to go on an out smart reporter, which is what the woman was
12:41
obviously trying to do. She's going to talk her way out of this.
12:43
Well, I've been practicing all long enough, representing people in criminal and civil
12:48
situations where they got some trouble. If you're gonna if you're going to shut
12:52
up, shut up, don't think you're smart enough to sit down and just
12:58
talk your way around with that be and put some really tough questions. I
13:01
looked down on the TV, so if that woman was in front of a
13:03
jury, they just completely discount everything she said. That's just evasive, elusive,
13:09
and for a government official being paid by the taxpayers, I thought of
13:13
disgrace, But I digress. Yeah, there's been and we're going to talk
13:18
about this in the next hour, so if you want to tune in,
13:20
and Harvey's welcome to talk about whatever he wants to. But and of course
13:22
I'm biased, admittedly, because I'm in the media and I have I'm not
13:28
a reporter. I have a whole staff of folks that I work with here
13:31
that that went awards like crazy. We just won two more National Morau Awards
13:33
yesterday for Congratulations Online. The thing that really bothers me though. And I've
13:39
worked here for a long time, and I see how the sausage is made
13:41
here, and I've seen how it's made elsewhere. The and the antagonistic nature
13:48
that that we have with some public officials just towards reporting the news, not
13:54
even trying to do anything, you know, crazy like investigating stories. You
13:58
should be able to investigate stories without being threatened or coerced in any other way
14:01
too. But this general war against information from media, even at the local
14:07
level, is a real problem. I mean, you hear about reporters being
14:11
escorted off of premises when they're legally there just because they're asking tough questions.
14:16
I mean, when is it that elected officials, just because they get elected
14:20
that gives them a golden ticket not to answer questions. I don't know why
14:24
suddenly we have the power to do that. It doesn't seem like it's right,
14:28
it's all right. Why it's a serious threat to I mean, it's
14:35
a negative factor and the way we govern ourselves. Why does a public employee
14:43
think they have a right to tell a citizen on a public street, you
14:46
cannot film me doing what I'm doing. You can't film me. That's obstructing
14:52
if you take a film of me, you know, a policeman making an
14:56
arrest. No, yes, I can. It's a public street. You
15:00
know you work for me. Why is it you can tell people in public
15:05
meetings you cannot record this meeting. Well, wait a minute, it's a
15:09
public meeting. If I want to turn my phone on and record what you
15:11
say just because you're afraid you're going to say something stupid, you really don't
15:16
have the right to do that. Now, there's not enough money in the
15:20
world to litigate all those issues in These politicians and small time public employees and
15:24
public officials know that. So they're going to throw their weight around and try
15:28
and push people around. Hopefully that you get leadership from the top that will
15:33
tamp that attitude down. Now, sometimes it happens, sometimes it doesn't.
15:37
Obviously, up here at the state House, it's not happening very often.
15:43
That is not being tamped down very often. We still have a governor who
15:46
refuses to appear in person at press conferences. He has a live stream press
15:52
conference where they control the mute button. Now that's going to change, and
15:56
I'll tell you it's going to change in Washington, d C. If somebody
16:00
thinks that they can get by with oceananigans. You think the press corp is
16:03
aggressive here? You wait on somebody from CBS or NBC or CNN or Fox
16:11
gets a hold of that. We're gonna Yeah, the roasting smell is gonna
16:17
waft up out of the Capitol. But let's I'd like to say some one
16:22
thing here quickly about something close to home. You know, our office,
16:26
the Peyton Law Firm. We're located at twenty eight oh one First Avenue in
16:30
Lectro. Do we need to take our break now? Whatever you're ready.
16:34
I was just make sure we didn't have any calls. Yeah, let's just
16:36
take a break and we'll come back talk a little bit about the Peyton Law
16:38
Firm, Nitro and Putnham County. Let's do that. Let's go ahead and
16:41
do that. We're going to take a break when we come back. Your
16:42
phone calls if you want to control the conversation. You have any questions about
16:45
the law for Harvey Payton from the Peyton Law Firm or anything that we've talked
16:48
about this morning, you're welcome to give us a call. Three zero four
16:51
three four five fifty eight fifty eight three four five fifty eight fifty eight.
16:53
You can text over any questions you have to three zero four nine three five
16:56
five zeros your eight. I'm del Cooper. You're listening to ask lawyer.
17:00
Harvey Payton is here from the Bayton Law Firm on five Adwchs. The Boye
17:03
of Charleston. This is Tom Payton, my father, Harvey and I are
17:07
the Peyton Law Firm. We live here, we grew up here, and
17:10
we take pride in representing you and winning against the most powerful members of the
17:15
insurance industry. If you want an experienced law firm that understands your needs and
17:18
gets results, contact Peyton Law Firm. When you've been hurt in an accident
17:22
and times are tough, you need lawyers you can trust. That's us Peyton
17:26
Law Firm. Contact us at Peytonlawfirm dot com or visit us at our office
17:32
in nitre Hey. It's day valid for Parmar stores and now that the warm
17:37
weather monster here, you know where you need to be. Your local Parmer
17:41
store heading to the lake, the ball field or your favorite picnic side are
17:45
just working around your place. Parmer has everything you'll need from gas to grocery,
17:48
snacks and much much more. Download the Parmar app and sign up for
17:52
the Parmar Rewards car Ohio, West Virginia, Kentucky, Maryland, Pennsylvania,
17:57
and Virginia. If there's a part of our store near you now, there
18:02
will be sick West Virginia. Know your numbers. Forty one percent of West
18:07
Virginians have uncontrolled high blood pressure, which can injure or kill you. We
18:11
rank seventh in the nation for stroke, the number five cause of death and
18:15
the number one preventable cause of disability. Many don't know they have high blood
18:21
pressure, so talk to your doctor regularly and get it checked. Knowing your
18:25
numbers could save your life. This message is brought to you by the Venadum
18:29
Foundation and the American Heart Association. Put the power of Peyton on the side.
18:37
We have a court room experience that you need. We never give up.
18:44
We're prepared to fight for your rights. When you need action, count
18:49
on us. Put the power of patent on your side, the power of
18:57
page. You can put the power of Peyton owing your side. Three zero
19:00
four, three four five fifty eight fifty eight. Three four five fifty eight
19:03
fifty eight is our number. Of course, the Payton Law Firm is in
19:06
Nitro, West Virginia, on First Avenue twenty eight oh one. To be
19:08
a zacht theirfore number three zero four seven five five fifty five fifty six three
19:12
zero four seven five five fifty five fifty six, three zero four seven five
19:15
five fifty five fifty six. For the Payton Law Firm, you can go
19:19
in line, of course, the Payton Law Firm dot com. That's p
19:22
E yto in Payton Lawfirm dot com. H. Harvey and Tom always do
19:25
a gret job and not only answering the phone, answering emails and so forth
19:27
too, So you can always get a hold of the Payton Law Firm.
19:30
And there's a lot of stuff going on that you always from the community and
19:34
from your from your palatial estate in Lyro, well where you take a look
19:41
out on what's going on in the public. Well. First of all,
19:42
we're the Peyton Law Firm has been a presence in Nitro and in Putnam County
19:49
largely. You know, we are a lot of our practice is pretty broad
19:53
based regionally south southwestern West Virginia, southeastern Ohio. But you know, we
20:00
live in Putnam County. Most of our employees living in the county our offices
20:04
in the Putnam County area of Nitro, and you have been there for forty
20:11
seven years and within a one block location. So we like to stay a
20:15
tune of the community because you really have to know what's going on. If
20:19
you're going to be in the business of advising people in their normal and daily
20:25
affairs, you should know what's going on in and about the community where they
20:29
have to live and work. The same way if you're handling, as we
20:33
do, a large number of automobile accident cases, workers' compensation cases, injuries,
20:41
deaths, and talking to people about well, here's you know, I
20:47
understand this claim, and here's what we have to deal with, and we
20:49
have to investigate this, and you're going to need the best lawyer you can
20:52
get, and that's us. But you really have to know the background against
20:57
which that's operating in a vacuum. It's not you know, some folks come
21:03
in and they've read something online about a result in California. They said,
21:07
well, wait a minute, out here, here's the thing. I've been
21:08
here for fifty years practicing law. Let's talk about this from the realistic standpoint.
21:15
How to get you where you want to be with relation to a recovery
21:19
for this injury or compensation for the death of a loved one in the most
21:23
expeditious manner we can with the best result it's practically available, and then work
21:30
towards that. We don't you know, we don't have a huge caseley.
21:33
We've talked about, you know, if we want to expand to do some
21:37
TV advertising, well, but then we're a two person law firm with a
21:41
five person staff and we really get great results for our clients. Can you
21:45
do that if you've got one hundred cases per lawyer? Or are you better
21:51
off with fifty? Are you better off? Of the people who want to
21:53
call and who say, well, I don't want to be a self own
22:00
client. I don't want to deal with someone whose offices in Florida, who's
22:03
the biggest in the world, and all I do is enter my information on
22:07
my cell phone and then I get a check. I don't want to do
22:10
that. I want to talk to a human being. I want to talk
22:12
to someone who's part of the community. Well, that's what we're here for.
22:17
We're here to help the people that we live with, that we grew
22:19
up with, that we worked with every day now and we have a.
22:26
I've got a lot of pride in Putnam County. When I first started practicing
22:27
law in Nitro in nineteen seventy seven, Potenham had probably fewer than forty thousand
22:33
people. We didn't have any public sewer in most of the Days Valley area.
22:37
There was a moratory amount housing construction, you know, and good government
22:42
and people working together. You know, we've got a new courthouse at acts,
22:47
We've got a county wide unified public service district that provides and when the
22:52
water crisis occurred, half of Putnam County wasn't shut down because we have our
22:57
own public service district. Water supply resisted the constant pressure from Western American Water
23:03
to sell out. We didn't. And now we've got You noticed this past
23:10
election, Cable County, I think tragically voted down a school bond levee or
23:15
a school board levee. Well, we passed it in Putnam County resoundingly and
23:19
passed the Emergency services levee resoundingly. Because people care and realize that you're going
23:26
to be a part of a community, including the lawyers that practice in that
23:30
community. It's important that you have really good public service, that you have
23:34
really good schools. You know Buffalo High School, which was on the verge
23:37
of being shuttered thirty years ago. Now there's a new school there, beautiful
23:41
new school right on the upper end of town, just after you pass the
23:45
Toyota Plant. Now today, this morning, I think about nine thirty,
23:49
the Buffalo Bison women are playing in the state volleyball tournament in South Sasobagreya in
23:56
South Charleston. I guess Jeff's covering the games. He's just on vacation.
24:00
But and Winfield has got a team in the playoffs. They're double a Buffalo's
24:06
single A. This week before that, Buffalo and Winfield both won state titles
24:11
in track. Right, My tros girls just won state basketball. Oh yeah,
24:15
they did by Barbara Steve Lanham and Steve Barber's off. His daughter's on
24:19
the team, and we kind of helped them buy their uniforms, you know,
24:22
for the this season. They're really so a lot of that's going.
24:26
But in addition to that, uh, we've got expanding banking, we have
24:32
expanding industrial base housing like everywhere, we have a critical shortage of affordable housing.
24:40
But that's being addressed, I think by the County Commission and others in
24:44
the legislature. It's just a really great place to live in work, and
24:48
it's a great place to have a lawyer, a law firm representing you who
24:52
knows your community and knows courthouse and the players, and has been doing this
25:03
long enough to have a really good sympathetic aspect towards your individual case. So,
25:10
if you've been hurt in an automobile accident, or if you've suffered a
25:14
fall, or some insurance company won't pay a claim that you believe you're entitled
25:18
to be paid, you have a life insurance company that's saying, hey,
25:21
we're not going to pay because YadA, YadA, YadA. Well, I
25:26
can't tell anybody who to hire. You're going to hire who you feel comfortable
25:29
with. But I would think I would ask the people are listening to at
25:32
least give the Peyton Law Firm a LOOXI call us, send us an email.
25:37
Our website has an email address where you can send a question. It
25:42
only comes to me or to Tom and we can look at those and answer
25:45
them any hour of the day or night. If something we think we can
25:49
help you with and come in the office, which is convenient. It's not
25:52
twenty minutes from here in downtown Charleston to our office in Nitro. If you're
25:57
in anywhere in Putnam County or Cross Lanes or Western Canal County, it's ten
26:02
minutes. Just come in and talk about it. If you feel comfortable,
26:07
then we can help you. You know. If you don't, maybe you
26:11
look at a television ad and think, well, I like that glossy add
26:14
a little bit better, there's a mansion on the hill, or you know,
26:18
I can have somebody's cell phone number. Well, that's one of those
26:22
things that you know how advertising works. Yeah, Oh, lawyers will say,
26:26
you don't pay us unless you win. Well, in fact, that's
26:30
ninety nine point nine percent of plaintiff's injury work relating to injury death insurance slaves
26:37
are all contingent fees. Nobody's going to charge you unless see Well, that's
26:41
why lawyers on our side of the equation tend to be more aggressive, are
26:45
more creative, because you only eat what you kill. On our side of
26:48
the equation and say, well, we'll give everybody our cell phone number.
26:52
Well, any client that says, hey, can I get your number so
26:56
I can call you anytime? The answers, well, sure, but out
27:00
of that. That's the way advertising works. And I'm not ripping off on
27:03
Mike Warrifal. I mean that's one of their sort of taglines. Sure,
27:07
we give every cloud er number will and then you see like the guy from
27:11
Florida who has the biggest law firm in the world, says, we don't
27:15
charge anything unless we went Well, okay, but that's what everybody does.
27:19
Let me ask you a question about that. And this is something that everything
27:22
else aside. Just if I'm looking for someone to represent me in some way,
27:26
shape or form, there has to be equity and value in a local
27:30
attorney that actually knows the people involved, not just the judges, but clerks,
27:34
the people, the process, paperwork, the different people at the counties
27:38
and the different court houses and stuff like that. Not that it's an unfair
27:41
advantage, but just the fact that you know people that you know the process,
27:44
you know who handles the paperwork here there or whatever. Having someone that's
27:48
on your home field actually representing you has to be a giant advantage when it
27:52
comes to needing legal representation. Well it is. I mean, at least
27:56
in my opinion, you go to a courthouse where you know when I was
28:00
in law school, we had a great professor named Marlon Lugar, Marlon or
28:03
mister Lugar, Professor Lugar. He and a man named Silverstein wrote the original
28:08
West Virginia Rules of civil procedure when we converted from common law pleadings. And
28:12
Lucer was really smart and he'd been around. He was smoke in Martinsburg,
28:15
ended up living in Saint Albans at the end of his life. And he
28:19
said, now I want to tell you what to do. When you go
28:22
to the courthouse for the first time. You'd get to know the janitor,
28:26
he said. And if you're not smart enough to figure out who that is,
28:29
he said, it's usually a guy with a broom or a mop and
28:30
a bucket, and they know where everything is. And you'd be nice to
28:34
that person and any fund and you can go in any office and you'll see
28:38
at that time, of course, there was a you know, a female,
28:44
you know, if you were a clerk or an assistant clerk or women.
28:48
He said, you'll see one woman who's at her desk all the time,
28:51
I'm always on the telephone. That's who you want to know, because
28:52
that's the one in there that they all asked to do something and you know
28:57
I've tried to adhere to that theory and this with Tom. And then in
29:00
addition to go to the courthouse, don't talk about anybody because you never know
29:04
who's related to who gets your work done. To be a nice smile and
29:08
then go home and do the very best work you can do. But I
29:11
think it certainly is a tremendous help. Honestly, and I'm not bragging when
29:18
I say this, this is true. I have settled cases, and Tom
29:22
has settled cases, most recently a really big case over an automobi field potential
29:27
defect because of who we are, right and because the attorneys on the other
29:34
side and the insurance carriers on it the side. Look, these people are
29:38
honorable, they'll deal with you, they won't lie to you. We're not
29:41
going to have problems with They're not going to pay the leans out of this
29:45
settlement, and they'll never quit. You have to kill them to get them
29:48
to quit. So we're going to resolve this matter. And that's what you
29:52
have. Now. I'm not saying that that's exclusive to us, but that's
29:55
what you're looking for. If you get a lawyer, not somebody who's just
29:59
going to scan some in information on a computer screen and give you some number
30:03
that's put together by an algorithm and sends you a check. You if you
30:07
need a lawyer to represent us a personal service. It's an intimate, confidential,
30:14
personal relationship between the lawyer and the client. And that's what you should
30:18
look for and think about. In my in my opinion now because I'm biased,
30:22
because we want the business right. Sure, I mean this program is
30:26
advertising in and of itself, although it has been it's been a platform almost
30:30
a little bit for social commentary, sure, or sports commentary. You guys,
30:34
worse it for whatever you want to Well, we talked about softball tournaments.
30:40
Well, the Mountaineers got bumped in the baseball tournament Escaut large bit or
30:44
not, I don't know, after Loup dumping too in the tournament side.
30:47
It's a rough but now on a better light. Javon Small, the guard
30:51
from Oklahoma State, did sign he inked the pack. That was a constant
30:56
worry. I saw Tony CAREDI here in town about three weeks ago. They
31:00
did a They had a road show of three men three men before the game
31:04
for the game. It was pretty entertaining. The accountants had it at their
31:08
convention. I got an invite and that's just after small then amount of his
31:14
and I says commitment, and I said, well, let's wait and see
31:18
because the big money will hit the road. Now, well, obviously did
31:21
Kansas tried to steal the guy, right, Kansas put a big pusher and
31:25
hustle on the guy to get him to decommit from West Virginia and signed with
31:29
Kansas. Because they've been paying players for decades. They don't care. I
31:33
mean, now it's just in the open, they can just come out.
31:36
I mean they bought Sylvia to SUSA and ended up forfeiting their games for a
31:41
season. But then he came to Morgantown on Monday and signed. So the
31:47
rosters now at ten. We'll see how that goes. I haven't Marshall's picked
31:52
up a couple of and they've got a new coach, Corney Jackson. I
31:56
mean, he's a nice guy, and I don't know if it was handled
32:00
as well as it could have been. So weird, a little strange the
32:01
way that that. Yeah, but you know, I think it Obviously coach
32:07
D'Antoni did not create a stink. He didn't, yeah, say, I
32:12
didn't resign. I want my job by I want to see you. He
32:15
didn't hire some lawyer from Cleveland to write nasty letters. He just went Basically,
32:20
all he did is he had a buddy that was a reporter, and
32:22
so he gave off his side of the story to a reporter who published it.
32:25
Nothing wrong, but it wasn't that bad. It was in side of
32:29
the story that move on. Well, we'll see what the legislature does.
32:34
The Supreme Court's are wrapping up, actually they have, but had a really
32:37
active term. I hasn't been I looked at the I looked at the website
32:44
yesterday to catch you know, you get into late May, you're getting the
32:46
last of the opinion. It's just not much substance there. Of course,
32:51
now they've got the Intermediate Court of Appeals that's getting a lot of appeals before
32:54
they get to the Supreme Court, and they're publishing some opinions, mostly memorandumum
33:00
opinions. It's gotten to the point now I think this term maybe the Supreme
33:04
Court had a dozen signed opinions, which really are presidential law. And of
33:12
course our judicial elections are now over with. We saw what happened. I
33:15
mean, I was satisfied with the result. Ryan White, who I thought
33:19
a lot of and sort of supported in the election one by pretty handily want
33:23
a seat on the Intermediate Court of Appeals, which to me was the most
33:27
important race to be decided this time. You know you've got all the circuit
33:31
judges. Well, there are very few contested races. There was a non
33:36
incumbent candidate in Kanall County who and in Putnam County, and both of them
33:43
were defeated by two to one margins. Because if you've run against the circuit
33:45
judge just because you may disagree with one or two things they did, or
33:53
because of partisan politics, circuit judges, you've got some experience, you don't
33:58
do anything wrong, work and serve the publicans deserve to be re elected.
34:01
And that's what happened. Had two Supreme Court seats in a Justice Bond,
34:06
who's a sitting Supreme Court justice by virtue of appointment. She was elected,
34:14
and so was Charlie Trump, who was the first timer he's taken Hutchinson's place.
34:17
Justice Hutchinson didn't run and those weren't contested, so really the contested the
34:22
three way race for the Intermediate Appellate Court, I thought was the most important
34:27
because early three members of that court and the court was just formed three years
34:31
ago. All three judges were appointed to be elected on a rotating basis to
34:37
ten year terms. So we just selected thirty percent of that appellate Court for
34:43
the next decade. It's really important. And then all the magistrates. It's
34:47
a little bit surprised. In Kanaw County. You know, we had a
34:50
magistrate that resigned back in January, and Earl Whittington, who's been in charge
34:54
of security down there at the courthouse and nexts for a number of years,
34:58
former chief of police and bar he was appointed and I know, I don't
35:04
live in knag County, just couldn't vote for her. I would have if
35:07
I could have. I thought, well, there's nothing wrong with him.
35:08
But then the person who resigned, I guess, bounced back. And one
35:14
they see a little bit of a twist. One I think a press one
35:17
family court judge in Kanah County who lost a contested election. And in Patnam
35:23
we have Rick Wit judge Witt who's in the family Court and does an excellent
35:29
job. He was unopposed, and you know they're non parties and races.
35:32
And Sarah Weaver won a seat for the magistrate that was opened for Kylie Dunlap's
35:42
seat. And I think that's a good thing. She's been around a while.
35:45
But you'll all see how it pans out. You know. You take
35:46
judges said, well, they don't have any experience. Let me take a
35:50
look at Judge Abraham. She's never been a judge before. She worked in
35:53
the prosecutor's office. I know down in Logan County because I interacted with her
35:58
a little bit. Not with the criminal case, but I was trying to
36:00
get set up for a trial and an election contest down there. I thought
36:05
she was quite bright and helpful. And we're ready to wrap up. Yeah,
36:08
pretty close. Well, not a minute, if we have a minute.
36:13
You know, the purpose of the Peyton Law Firm, from our inception
36:15
is we are here to try and help people. And if you have a
36:21
loss, if you have an occurrence, if you have some reason just to
36:24
think I need to talk to a lawyer, I need some advice, Well
36:29
pick up the phone and call us, or go online and send us a
36:32
message, or stop by the office at twenty eight oh one First Avenue.
36:37
It's either me or my son Tom. We'll be glad to help you.
36:40
And talk to you. We have a staff Melanie Matthews at the front desk
36:45
because this is her thirtieth year working there. My wife and legal assistants her
36:50
thirty fifth year. Everyone else has been there considerable period of time. We
36:53
all live locally. Just give us thought the Peyton Law Firm, particularly if
37:00
you're a resume of Cross Laves, Saint Albans, Buttnam County. We're your
37:05
law firm and we're here to help them. It's the Peyton Law Firm at
37:07
Peyton Lawfirm dot Com. Three zero four seven five five fifty five fifty six
37:10
three zero four seven five five fifty five fifty six. Harvey, thank you
37:14
so much. Appreciate it. As always, I appreciate being here with you
37:15
day. I'll be listening to you sitting in for Dave allenback, so be
37:21
listening to you in this aburnoon. You're going to be frayed around the edges
37:23
by the end of this day. You've got a lot of airtime money.
37:25
True enough, appreciate it. That's Harvey Painting from the Peyton Law Firm.
37:29
Have a gret day. Everyone on five eighty ow w EHS