Latest / WCHS Network Podcasts / 08/20/2026 Ask the Lawyer with Tom Peyton

Transcript

08/20/2026 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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  Speaker 1: The views and opinions expressed on this program do not
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  Speaker 1: necessarily reflect the views and opinions of five eighty wchs
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  Speaker 1: it's employees or WVRC media of Courts oh A created equal.
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  Speaker 2: When nights come here to Katon and Rob.
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  Speaker 3: Well, it's Thursday morning. There's no reason that you have
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  Speaker 3: to fight the law. You can hit the law war
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  Speaker 3: on your side this morning with the Peyton Law Firm.
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  Speaker 3: Tom Payton is in studio with us this morning, taking
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  Speaker 3: your phone calls three zer a four three four five
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  Speaker 3: fifty eight fifty eight three four five fifty eight fifty eight.
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  Speaker 3: You can text threes are a four non three five
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  Speaker 3: five zero zero eight. Tom Payton is here this morning. Tom,
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  Speaker 3: Good morning. How you doing this morning.
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  Speaker 1: I'm doing quite well. I'm just feel like I'm just
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  Speaker 1: glad to be here this morning. I missed uh last
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  Speaker 1: week because I was on this track into the Grand Canyon,
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  Speaker 1: which I referenced before I left. And interesting country I've
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  Speaker 1: never really been to, well, I haven't been period to
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  Speaker 1: northern Arizona, and you know I forgot. You know, we
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  Speaker 1: have the elk herds that were or elk that were
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  Speaker 1: imported into West Virginia in the southern part of the state,
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  Speaker 1: and I think they're doing pretty well now, but I
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  Speaker 1: you know, they got some from Kentucky and then they
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  Speaker 1: got some from Arizona, and I always kind of thought, well,
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  Speaker 1: what or there elk out in Arizona in the desert.
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  Speaker 1: But you know, you get to northern Arizona, it has
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  Speaker 1: kind of a Patagonia look. Actually you go. We went
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  Speaker 1: started in Phoenix. It was like one hundred and fourteen
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  Speaker 1: degrees no humidity, but one hundred and fourteen it feels
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  Speaker 1: like I got a blow dryer consistently. And then heck,
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  Speaker 1: you drive about an hour and a half, maybe between
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  Speaker 1: an hour and a half and two hours north. You go
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  Speaker 1: up elevation right quick, and it was eighty degrees and
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  Speaker 1: Ponderosa partly just a whole different setting. It's like high
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  Speaker 1: desert right still desert y, and folks that have been
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  Speaker 1: I've never been to the Grand Canyon. It was kind
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  Speaker 1: of my wife's bucket list, so she drug us into it,
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  Speaker 1: which is, you know, it's one of the wonders of
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  Speaker 1: the world. And you go and look at the Grand Canyon.
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  Speaker 1: It's just almost unfathomable how big it is and how
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  Speaker 1: you know it was. It was made over billions of years,
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  Speaker 1: I guess. But she had won this lottery to go
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  Speaker 1: stay in what's called Phantom Ranch, which is it's a
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  Speaker 1: camp sort of an encampment down at the bottom of
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  Speaker 1: the base where the Colorado River is, and and we
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  Speaker 1: didn't have a guide or anything like that. We just
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  Speaker 1: she'd arranged or planned a hike all the way down
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  Speaker 1: the Grand Canyon, stay the night, and all the way
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  Speaker 1: back up. So we went down on something called the
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  Speaker 1: Coybab Trail from the South Rim. And if you have
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  Speaker 1: a fear of heights, I do not recommend that path.
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  Speaker 1: I have a fear of heights, and I'd learned. My
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  Speaker 1: son and daughter went with us, and I didn't houston.
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  Speaker 1: My son was. He's as bad or worse than I am.
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  Speaker 1: So it was a lot of baby stepping, leaning against
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  Speaker 1: the wall. But it's beautiful country. If you ever get
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  Speaker 1: a chance to get out there, I encourage it. It's
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  Speaker 1: pretty rugged as far as if you try to hike it.
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  Speaker 1: I'm in decent shape, so it didn't really bother me,
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  Speaker 1: but I don't like heights. It makes me physically six.
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  Speaker 1: I was staring down at my feet the whole time.
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  Speaker 1: We made it all the way down, stayed the night.
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  Speaker 1: No cell service down there. So it's first time in
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  Speaker 1: a long time since I've been somewhere where you actually
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  Speaker 1: have interesting no communication the outside of where all now.
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  Speaker 1: It was only for about less than twenty four hours,
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  Speaker 1: but and then hiked all the way back out the
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  Speaker 1: next day. But interesting trip. Neat country out there, if
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  Speaker 1: you get a chance to go to northern Arizona Grand Canyon.
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  Speaker 1: We went to buy Sedona too to stay on the
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  Speaker 1: way back, which is really neat, neat area.
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  Speaker 3: Had a lot of Westerns filmed out in Sedona, if
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  Speaker 3: I remember exactly.
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  Speaker 1: Yeah, it's kind of there you kind of run into
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  Speaker 1: what you think of as like the red rock type
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  Speaker 1: terrain and it's it's really neat and we didn't have
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  Speaker 1: to hike up any treacherous trails. But anyway, glad to
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  Speaker 1: be back. A lot going on here. The uh you know,
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  Speaker 1: I heard driving in this morning listening to the radio.
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  Speaker 1: We've talked about the flock camera systems. Actually we had
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  Speaker 1: a good text before it really became a big public
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  Speaker 1: public Now it's just heated up to the extreme. But
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  Speaker 1: I was listening to Metro News this morning on the
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  Speaker 1: way in and I guess, yeah, there's a there was
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  Speaker 1: I think it was a county commission meeting, and I
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  Speaker 1: think it was a county, not city, so they were
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  Speaker 1: having public comment, and I assume there's flock cameras set
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  Speaker 1: up up there. They you know, they were just kind
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  Speaker 1: of approved under the radar. Is not a big deal.
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  Speaker 1: And I think that you know, generally license plate readers,
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  Speaker 1: if that's all they're used for, I don't. I mean,
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  Speaker 1: that's been around for well over a decade in most areas,
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  Speaker 1: I think, certainly the metropolitan areas. But like any type
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  Speaker 1: of government recording or tracking or anything like that, you know,
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  Speaker 1: you run into potential Fourth Amendment issues, and now this one,
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  Speaker 1: and it's a balancing test, you know. I mean, can
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  Speaker 1: you do things as a government to prevent all crime?
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  Speaker 1: Probably not all crime, but you can prevent a lot
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  Speaker 1: of it if you just threw away the Fourth Amendment. Yeah,
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  Speaker 1: But where's that balance, what's reasonable, what's unreasonable? And that's
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  Speaker 1: what we're getting into with these flock cameras. And now,
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  Speaker 1: of course, it's like anything else that can be abused
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  Speaker 1: if if a person with access to it wants to
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  Speaker 1: abuse it for personal reasons. By tracking somebody like an
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  Speaker 1: ex girlfriend or an acquaintance or something like that, which
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  Speaker 1: were some of those cases have come to light. But
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  Speaker 1: you're going to have that. I don't think that makes
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  Speaker 1: it unconstitutional. But for the most part, with the technology
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  Speaker 1: it's been used in the past, I think it's a
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  Speaker 1: political issue now that we're getting into more advanced technology
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  Speaker 1: on what they can see, maybe looking at faces, things
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  Speaker 1: like that. We're getting into the We'll see if this
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  Speaker 1: balance starts to shift a little bit. Although I think
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  Speaker 1: it's been such a hot topic in the anti flock
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  Speaker 1: regime from the public side, the political side might take
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  Speaker 1: care of a good bit of it, because I know
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  Speaker 1: a lot of the municipalities and counties are kind of
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  Speaker 1: pulling back now, like, well, what's something maybe just approved
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  Speaker 1: routinely because it was recommended by a sheriff for a
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  Speaker 1: local chief of police. It's now kind of being reconsidered
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  Speaker 1: and pulled back.
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  Speaker 3: Do you think, And obviously you've read up on this,
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  Speaker 3: I'm no expert one, but in observing a lot of
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  Speaker 3: these things, a lot of the things that it's been
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  Speaker 3: discovered about the flock system is like yesterday, I think
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  Speaker 3: a wire came out with a report where they were
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  Speaker 3: able to get into some of the code and something
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  Speaker 3: new software that they're rolling out is literally uh description searches.
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  Speaker 3: I'm looking for a white males wearing a red shirt
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  Speaker 3: that would passed within this area. I mean, relatively uh
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  Speaker 3: detailed description stuff. But this, uh, this technology wasn't necessarily
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  Speaker 3: known to some of the municipalities that that onboarded it
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  Speaker 3: when they were originally doing this. Some of these places
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  Speaker 3: that are unwinding it, I think are legitimately like, Okay,
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  Speaker 3: I understand the public concern here. We didn't even know
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  Speaker 3: that the that this this was possible in these things.
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  Speaker 1: Sure, that's I mean, I think you know, you get
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  Speaker 1: a you know, a request for some budget money for
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  Speaker 1: a flock system, and it's probably ordinarily within a sheriff
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  Speaker 1: or or a chief of police budget, and it's you know,
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  Speaker 1: their their take is, well, this will help us find
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  Speaker 1: folks that are on Amber alert that might be missing
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  Speaker 1: or kids, or it might help us solve crimes, which
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  Speaker 1: it it certainly would, And that's kind of what you
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  Speaker 1: look at there. Probably weren't. I mean, the public's not
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  Speaker 1: going to show up and have any problem with that,
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  Speaker 1: because they won't understand the issues, But what you're what
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  Speaker 1: I saw last night on the music of course, Now
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  Speaker 1: flock is a trade name, it's just a brand. I'm
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  Speaker 1: sure there are other companies that ye offer the same
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  Speaker 1: type of technology, but Flock is I guess it's kind
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  Speaker 1: of like when you order a pop, you just call
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  Speaker 1: it a coke. We're for profit company. I don't know
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  Speaker 1: the prey maybe publicly traded, I don't know, but you
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  Speaker 1: know they're going to have adverse sales here, so they
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  Speaker 1: are actually I saw they're going to start implementing, if
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  Speaker 1: you can trust it, self imposed restrictions, retaining information only
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  Speaker 1: for seven days versus thirty days, and some other things
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  Speaker 1: to kind of limit self limit what they what they
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  Speaker 1: do and what they record. Now that what was on
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  Speaker 1: Metro News this morning at the County Commission meeting in
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  Speaker 1: mont County was I think they said she was an attorney,
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  Speaker 1: might not be practicing any longer, but it is also
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  Speaker 1: a local business owner. Was going to speak at during
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  Speaker 1: the public comment period at the County commission meeting. And
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  Speaker 1: if you ever go to a city council or a
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  Speaker 1: county commissioner, any open meetings kind of government meetings, I
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  Speaker 1: want to make a comment. A lot of times you'll
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  Speaker 1: say state your name and address.
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  Speaker 3: And.
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  Speaker 1: So that's what they asked her to do. She refused
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  Speaker 1: because you know, she's there complaining about flock surveillance and tracking,
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  Speaker 1: and the county commission I guess, pressed her and it
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  Speaker 1: just became a real heated exchange. And what I heard
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  Speaker 1: on the Metro News they had you guys have the
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  Speaker 1: actual recording or some of it. It's like, well, they
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  Speaker 1: kept demanding she gave her name and address, but they
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  Speaker 1: knew who she was because the county commissioner addressing her
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  Speaker 1: is using her name, and Metro News at least knew
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  Speaker 1: enough to know that she was an attorney and local
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  Speaker 1: business owner in Morgantown, so they I'm sure they knew
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  Speaker 1: her address as well. So but they kept pressing, and
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  Speaker 1: she pressed that she wasn't going to provide it and said, well,
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  Speaker 1: once you give everybody your your address to one of
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  Speaker 1: the county commissioners, and eventually I think they she said,
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  Speaker 1: You're gonna have to haul me out of here. I'm
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  Speaker 1: not going to provide that information, but I want to
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  Speaker 1: speak publicly and then I don't know what happened. You
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  Speaker 1: can hear on the Yeah, I can hear say something
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  Speaker 1: like get your hands off of me, and she said
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  Speaker 1: you're going to get sued. And then somebody the guy
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  Speaker 1: kind of laughing like yeah, wants to be It was
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  Speaker 1: like he better watch that because you know, I did
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  Speaker 1: some quick research here after hearing what's the law on that?
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  Speaker 1: And interesting? So, first of all, I think it's if
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  Speaker 1: you're asking for somebody's making a person at a public meeting,
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  Speaker 1: he wants to make a comment, and you're demanding their
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  Speaker 1: name and their home address, and the motive and asking
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  Speaker 1: for that is to perhaps restrict what they're going to set,
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  Speaker 1: then that's to me, that's the first Amendment violation, which
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  Speaker 1: is what she said right now. But now if they
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  Speaker 1: have a clearly established rule, it's been in place, not
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  Speaker 1: just some custom but like in writing, it's been adopted,
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  Speaker 1: they have some reasoning for it that you know, that's
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  Speaker 1: a close call. I don't know how that would turn out.
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  Speaker 1: But if it appears they're asking for that information because
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  Speaker 1: for example, you get a hot topic issue where if
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  Speaker 1: you make a public comment, it's such a controversial issue
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  Speaker 1: that folks might start showing up your house or start
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  Speaker 1: threatening you. And as a let's say a County Commission,
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  Speaker 1: as an example, knows that and they say, well, you've
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  Speaker 1: got to give your name an addresser, you can't talk.
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  Speaker 1: That's a violation of the First Amendment in my opinion
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  Speaker 1: pretty clearly. Now we have to open, you know, governmental
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  Speaker 1: meetings in West Virginia, and it doesn't address this specific situation,
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  Speaker 1: but it does say that all meetings of any governing
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  Speaker 1: body shall be open to the public. And of course
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  Speaker 1: these are public and there's exceptions for executive session that
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  Speaker 1: kind of thing. But it says any governing body may
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  Speaker 1: make and enforce reasonable rules for attendance and presentation at
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  Speaker 1: any meeting where there is not room enough for all
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  Speaker 1: members of the public who wish to attend. So first
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  Speaker 1: part of that you think, well that maybe that's a
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  Speaker 1: reasonable rule, but really that seems to be addressing capacity
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  Speaker 1: or maybe even limiting the number of folks that can
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  Speaker 1: make public comment or limiting the time in which they
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  Speaker 1: can comment. It doesn't I didn't see where this code
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  Speaker 1: section addresses some requirement that you give your name and address,
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  Speaker 1: And I don't know. I think County Commission might want
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  Speaker 1: to rethink this up in mon County. Certainly, I wouldn't
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  Speaker 1: in the face of somebody saying I'm going to sue
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  Speaker 1: you for violating my rights. I certainly don't think it's
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  Speaker 1: great public policy to then respond back, well, we go
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  Speaker 1: for it, or we invite that, or something to that effect, which,
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  Speaker 1: unless they want to spend money been in a lawsuit,
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  Speaker 1: that they might lose because this isn't as clear cut
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  Speaker 1: as they might think. And that's and so you know,
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  Speaker 1: we'll see how this may just go nowhere. You know,
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  Speaker 1: they may might realize after the fact that it's got
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  Speaker 1: a little heated and isn't the best behavior for us,
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  Speaker 1: and they reconcile it somehow. But but the citizen was
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  Speaker 1: quite hot, and if she's an attorney, then she'll certainly
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  Speaker 1: know how to exercise her rights and defend them.
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  Speaker 3: I'm interested in this a little bit too. It's it's
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  Speaker 3: interesting you picked up on it just I think two
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  Speaker 3: weeks ago. I read an article that was talking about
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  Speaker 3: how commission meetings, city council meetings, all these different things
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  Speaker 3: were getting so testy across the country that and this
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  Speaker 3: is not specifically to Mond count anything else. I don't
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  Speaker 3: I don't know the history about ground there. Like you said,
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  Speaker 3: they had rules that are in place but that these
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  Speaker 3: councils and these committees and stuff are adopting rules and
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  Speaker 3: enforcing them very strictly. So like if you clap, you know,
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  Speaker 3: or make any noise out of turn or something like that,
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  Speaker 3: they're just expelling people right away because technically that's the rules, right,
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  Speaker 3: And they're writing these rules to keep these things what
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  Speaker 3: they're saying, you know, keep them on task or whatever.
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  Speaker 3: But a lot of people are pushing them back and saying,
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  Speaker 3: this is just quelling our our ability to.
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  Speaker 1: Spay and what those things just kind of because the
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  Speaker 1: First Amendment, you know, it's ultimately it's applied to facts.
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  Speaker 1: And if you have black on white law from a
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  Speaker 1: state supreme court, the highest court in your state, or
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  Speaker 1: which would when I say black letter law, I mean
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  Speaker 1: the First Amendment is what it is, but have a
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  Speaker 1: particular factional scenario that's gone up to that court and
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  Speaker 1: they've ruled this is unconstitutional or or the other way
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  Speaker 1: around constitutional or you know, obviously the US Supreme Court rules.
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  Speaker 1: They're rulings govern everywhere in the United States as far
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  Speaker 1: as constitutional issues. So things like your saying, you know,
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  Speaker 1: if you don't have a specific case with that factual scenario,
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  Speaker 1: some things like that just have to run their way
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  Speaker 1: up through the courts. And but yeah, that and it's
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  Speaker 1: really a way of the interests and uh, you know, obviously,
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  Speaker 1: if somebody's clapping incessantly during a meeting over top of
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  Speaker 1: other speakers being disruptive, that's rules enacted so that they
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  Speaker 1: can conduct an orderly meeting are valid. I think now
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  Speaker 1: what you're saying is, you know, maybe somebody they don't
• 15:39
  Speaker 1: that's that's contrary. And we'll say that it comes to there's
• 15:43
  Speaker 1: folks that go just go to public meetings all the time.
• 15:45
  Speaker 1: Some of them are just interested, some of them are
• 15:47
  Speaker 1: just anti whatever entity it is that's holding that meeting.
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  Speaker 1: And if if but if they just clap like a
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  Speaker 1: one off and it's not disruptive in it that strict
• 16:01
  Speaker 1: enforcement of that rule is really you can see through
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  Speaker 1: it that it's really just a way to squelch speech
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  Speaker 1: that's going to be a violation to the First Amendment.
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  Speaker 1: So you can see there's a lot of gray area
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  Speaker 1: there and some of this is just going to have
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  Speaker 1: to play out through the courts.
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  Speaker 3: It's interesting.
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  Speaker 1: Yeah, so we'll see. But I kind of hope there
• 16:19
  Speaker 1: is a lawsuit for the one in moncount Lay. We
• 16:22
  Speaker 1: monitor it and see how it how it comes out.
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  Speaker 1: I think that, of course it could settle, but a
• 16:25
  Speaker 1: lot of times they settle in away where there's a
• 16:27
  Speaker 1: greed order enter where you know, everybody agrees it was
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  Speaker 1: a violation, or you know, if they if they resolved that.
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  Speaker 3: This elevates one of those president things. If this was
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  Speaker 3: decided on in some way or another, could.
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  Speaker 1: That side president have time to research, you know, that
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  Speaker 1: type of case in West Virgina, right, So, I don't
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  Speaker 1: know if there's already the lawyer that was there that
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  Speaker 1: was trying to speak without providing her name and address.
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  Speaker 1: May know a case that's that's on point, and there
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  Speaker 1: are some US Supreme Fort cases that are fairly close,
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  Speaker 1: and they I think they probably lean in favor of
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  Speaker 1: the citizen and the particular situation. And you know, you
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  Speaker 1: look at it and say, well, you have to state
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  Speaker 1: your name and address. But if the county commissioners already
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  Speaker 1: know your name and address, I mean obviously knew her name.
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  Speaker 1: They're saying her name, met her news, knew who she was,
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  Speaker 1: and so I think that's going to be a real
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  Speaker 1: problem for them if this continues, especially you know if
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  Speaker 1: they had a deputy or something put hands on her
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  Speaker 1: and remove her from the from the meeting, and prevented
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  Speaker 1: her from speaking because she wouldn't, you know, verbally state
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  Speaker 1: her specific address a name I think they've got. You know,
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  Speaker 1: if I was a betting man right now, I would
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  Speaker 1: bet she'll win that case. And we have no idea.
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  Speaker 3: But she may have known exactly known what she was doing,
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  Speaker 3: and they may have basically just fallen into the trap,
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  Speaker 3: put hands on her, expelled her from the place, so
• 17:57
  Speaker 3: on and so forth.
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  Speaker 1: I mean, it may have just sure what I mean,
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  Speaker 1: of course, you look at the practicality is if you
• 18:03
  Speaker 1: know her name and a dress, what's the point I mean,
• 18:06
  Speaker 1: because you want to be the one to I mean,
• 18:08
  Speaker 1: that's kind of the point of the First Amendment, to
• 18:10
  Speaker 1: just government officials just pushing people around because they have
• 18:13
  Speaker 1: the power to do it. And that's not what government
• 18:17
  Speaker 1: is supposed to be, although it seems to be getting
• 18:18
  Speaker 1: more and more like that on the multiple levels these days.
• 18:23
  Speaker 1: But uh yeah, I mean from a practical standpoint, just
• 18:27
  Speaker 1: you know her name in a dress, just let her
• 18:29
  Speaker 1: speak and move on. And if she thinks she's better
• 18:33
  Speaker 1: than your rules, well that's but when you're a law
• 18:36
  Speaker 1: enforcement officer a member of government, that's just you have
• 18:38
  Speaker 1: to pull back those kind of emotional responses and and
• 18:45
  Speaker 1: realize that you've got an official position and you're can't
• 18:49
  Speaker 1: behave the way you would if you were just a
• 18:51
  Speaker 1: private person with another private person.
• 18:53
  Speaker 3: That's good stuff with Tom Payton from the Painton ball
• 18:56
  Speaker 3: from little commentary there to get us kicked off for
• 18:58
  Speaker 3: the morning. But if you have any questions where you
• 18:59
  Speaker 3: could and put the law on your side, any questions
• 19:01
  Speaker 3: for the Peyton Law Firm, Tom Payton is here, or
• 19:03
  Speaker 3: if you want to just continue the conversation that Tom
• 19:05
  Speaker 3: started this morning, morn and welcome to do that and
• 19:06
  Speaker 3: give us a call. Three zer A four three four
• 19:08
  Speaker 3: five fifty eight fifty eight is our number. Threes are
• 19:09
  Speaker 3: a four three four five fifty eight fifty eight. You
• 19:11
  Speaker 3: can text three zer a four nine three five five
• 19:13
  Speaker 3: zero zero eight Payton Law from one line. It's Payton
• 19:15
  Speaker 3: Law Firm dot com, pe y tu in Peyton Lawfirm
• 19:17
  Speaker 3: dot com in Nitro, West Virginia. We'll take a break
• 19:19
  Speaker 3: and be backward after this. You're listening to ask the
• 19:21
  Speaker 3: lawyer with Tom Payton from the Peyton Law firm on
• 19:23
  Speaker 3: five adwchs the Voice of Charleston.
• 19:25
  Speaker 2: Break up with your current bill. It's not you, it's them,
• 19:28
  Speaker 2: and they're expensive. New Verizon Mobile and Frontier Fiber customers
• 19:32
  Speaker 2: can combine five or five hundred Internet and a line
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• 19:37
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• 19:47
  Speaker 2: Frontier Fiber Internet and Verizon Mobile customers and select areas
• 19:50
  Speaker 2: Mobile and home discount Rollment required one hundred dollars installation
• 19:52
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• 19:54
  Speaker 2: incluse switch discount. Additional terms apply.
• 19:56
  Speaker 4: July first is a busy time for the Pucklam County
• 19:58
  Speaker 4: Assessor's Office. Personal Property assessment forums will be arriving in
• 20:02
  Speaker 4: your mailbox and must be returned to the Assessor's office
• 20:04
  Speaker 4: by October first.
• 20:05
  Speaker 1: Business owners are.
• 20:06
  Speaker 4: Required to file a business return between July first and
• 20:09
  Speaker 4: September first. Farm News discount applications also accepted July first
• 20:13
  Speaker 4: through September first. Homestead exemption applications are accepted July.
• 20:17
  Speaker 1: First through December first.
• 20:18
  Speaker 4: For more information or to use their online filing service,
• 20:21
  Speaker 4: visit putnamco Assessor dot com. That's Putnamcoassessor dot com.
• 20:37
  Speaker 3: Hey, seventeen minutes of the top of the hour, you're
• 20:39
  Speaker 3: listening to fom ADYWCHS the Voice of Charles and I'm
• 20:41
  Speaker 3: Del Cooper. Thanks for tuning in this morning. Of course,
• 20:44
  Speaker 3: if you've been listening to the stations this morning, you've
• 20:46
  Speaker 3: heard about the radiothon that we have that's going on
• 20:49
  Speaker 3: here this morning, and you're more than welcome to take
• 20:51
  Speaker 3: a part in that. It's the twenty twenty six WRC
• 20:54
  Speaker 3: Media Here's for Kids radiothon benefiting WVU Medicine Galasano Children's
• 21:00
  Speaker 3: in Morgantown. And Tom Payton is here with us this
• 21:02
  Speaker 3: morning and they're one of the sponsors of that coming
• 21:05
  Speaker 3: up here I think in the ten o'clock hour.
• 21:06
  Speaker 1: Yeah, we've got a hour, I mean sponsor and brought
• 21:10
  Speaker 1: some money down to donate, so it's a good call.
• 21:12
  Speaker 1: This is this used to be the you guys did
• 21:14
  Speaker 1: the Saint Jude and now it's which is nice and
• 21:17
  Speaker 1: we we pretty much always gave to that as well.
• 21:19
  Speaker 1: But I really like this because it's you're a little
• 21:21
  Speaker 1: more towards a little more local, and it's it's in
• 21:26
  Speaker 1: I guess the primary Westernia University of Medicine children is
• 21:28
  Speaker 1: that ins in Morgantown. Yeah, even though you know w
• 21:32
  Speaker 1: is also affiliated with Thomas Now so they have uh
• 21:36
  Speaker 1: doctors done here. But yeah, glad to help there. You know.
• 21:40
  Speaker 1: We of course we do a lot of automobile accident cases,
• 21:44
  Speaker 1: insurance claims. It's kind of our bread and butter civil litigation,
• 21:47
  Speaker 1: going to trials, helping regular people also, do you know,
• 21:51
  Speaker 1: as our listeners know, you know, deeds, wills, things you
• 21:56
  Speaker 1: know people need on a daily basis. We know how
• 21:59
  Speaker 1: to do it, like to help people. But obviously, uh,
• 22:03
  Speaker 1: you know, to see the big billboards and the TV ads,
• 22:05
  Speaker 1: you don't see a whole lot of them for a
• 22:06
  Speaker 1: world draft your deed for you. We're helping with around
• 22:08
  Speaker 1: your dispute, and there's a obvious reason for that, because
• 22:11
  Speaker 1: you have the opportunity to make more money on the
• 22:18
  Speaker 1: cases where folks are heard or fighting insurance companies. But
• 22:21
  Speaker 1: we just feel like as members of the community to
• 22:24
  Speaker 1: a lawyer's job to help people with their everyday needs
• 22:26
  Speaker 1: and get things done and not be out of nowhere.
• 22:28
  Speaker 1: But the and so what we've kind of done years
• 22:33
  Speaker 1: ago is you know, are are kind of versus We've
• 22:38
  Speaker 1: got some billboards. We've got one big billboard I sixty
• 22:41
  Speaker 1: four and Franklin. It's my client, one of my business
• 22:44
  Speaker 1: clients owns that billboard. So uh, that's kind of why
• 22:47
  Speaker 1: I have that particular one. I've got a few more
• 22:50
  Speaker 1: spread around. Obviously, we've done a tremendous amount of radio
• 22:54
  Speaker 1: advertising over the last thirty thirty years or so, and
• 22:59
  Speaker 1: it's but it's a four and effective, so we like it.
• 23:02
  Speaker 1: But you know, rather than buying TV commercials and a
• 23:05
  Speaker 1: whole slew of billboards, we just kind of steer our
• 23:08
  Speaker 1: money maybe what would otherwise be a regular advertising budget
• 23:12
  Speaker 1: too gifting. And you don't we don't get fanfare for
• 23:15
  Speaker 1: a lot of it. We don't you know, get published
• 23:20
  Speaker 1: things about it. But you know, this is one of
• 23:22
  Speaker 1: the things we do, for example, be like giving to
• 23:25
  Speaker 1: the w children's medicine is one of the things we do.
• 23:29
  Speaker 1: But we do a lot of other things around the
• 23:31
  Speaker 1: community and try and keep it local. And we sponsor
• 23:33
  Speaker 1: a lot of kids' sports teams and and things like that,
• 23:38
  Speaker 1: and that's just and it is. It is marketing to
• 23:42
  Speaker 1: a certain extent, but we feel like it has an impact,
• 23:44
  Speaker 1: and then we hope people remember that if they need
• 23:46
  Speaker 1: a lawyer, rather than just calling whoever's got the most
• 23:49
  Speaker 1: TV commercials or the biggest and most billboards, they'll think
• 23:52
  Speaker 1: about folks who who have contributed locally to the community.
• 23:55
  Speaker 1: And of course we served on we volunteer on local
• 23:58
  Speaker 1: boards and things like that. One of the things we're
• 24:01
  Speaker 1: doing I'm doing probably primarily is you know, over the years,
• 24:07
  Speaker 1: my son got into the game of soccer, and I
• 24:10
  Speaker 1: kind of have too. I didn't grow up know anything
• 24:12
  Speaker 1: about it. I had to learn it. I really love
• 24:14
  Speaker 1: soccer now and so we It's becoming more popular in
• 24:19
  Speaker 1: West Virginion, and obviously it's soccer. Is Nobody can make
• 24:24
  Speaker 1: a reasonable argument that it's not the most popular sport
• 24:26
  Speaker 1: in the world, so there's something attractive about it. I
• 24:31
  Speaker 1: don't know if it would be as popular as football, baseball,
• 24:33
  Speaker 1: basketball and here in West Virginia, but we are, and
• 24:36
  Speaker 1: this is our third year of doing it. I don't
• 24:39
  Speaker 1: think it would happen, but for us, you know, essentially
• 24:42
  Speaker 1: funding it UH and HD Media being willing to do it.
• 24:45
  Speaker 1: But we we do sponsor some we stream games on
• 24:50
  Speaker 1: HD Media, So tonight's our Actually we did hurt Sat
• 24:55
  Speaker 1: Joe and Hoover last night, but I wasn't able to
• 24:57
  Speaker 1: attend that. Tonight. We're doing Ravens Wood at Buffalo. It's
• 24:59
  Speaker 1: the girls. Know, I mixed in the We've got some
• 25:02
  Speaker 1: girls matches and and some boys matches. I'm gonna go
• 25:06
  Speaker 1: down to Buffalo tonight. I'm gonna be the caller man
• 25:09
  Speaker 1: on the streaming. So if you have, you know, we've
• 25:12
  Speaker 1: got it on Facebook. If you have you know, it's
• 25:14
  Speaker 1: really good for maybe grandparents or family members that can't
• 25:18
  Speaker 1: make it to the game, they can they can watch
• 25:20
  Speaker 1: on uh on streaming through uh HD media game day
• 25:25
  Speaker 1: dot Com. And what I've also found is the you know,
• 25:30
  Speaker 1: being the collar man, I try and give a little
• 25:33
  Speaker 1: collar to the broadcast. But the kids like to go
• 25:36
  Speaker 1: back and watch it because you can go back and
• 25:37
  Speaker 1: watch the replace they were back and watch themselves and
• 25:40
  Speaker 1: you know, you get a really good play and then
• 25:42
  Speaker 1: you can go back and stream it and can watch it.
• 25:45
  Speaker 1: So hya all the soccer fans out there high school soccer.
• 25:48
  Speaker 1: We got to We probably have twenty games that we're
• 25:51
  Speaker 1: doing this year that'll be live streamed. I won't be
• 25:54
  Speaker 1: at all of them. I'm gonna be at Buffalo tonight,
• 25:57
  Speaker 1: but they if you go to our Facebook page or
• 26:01
  Speaker 1: ad Media Game Day, you'll better see the different games
• 26:03
  Speaker 1: that we're streaming. So if you've got maybe family members
• 26:06
  Speaker 1: that aren't able to watch your child play, you might
• 26:09
  Speaker 1: check in person, you might check the website there, go
• 26:12
  Speaker 1: to our Facebook page and see which games are going
• 26:14
  Speaker 1: to be broadcast, and uh, it's kind of neat, So
• 26:17
  Speaker 1: I'm glad to do it help promote the game of soccer.
• 26:20
  Speaker 1: And I really like the fact we've got the girls
• 26:22
  Speaker 1: and the boys.
• 26:23
  Speaker 3: Maan.
• 26:23
  Speaker 1: If you go and look at the we can see
• 26:24
  Speaker 1: the data and how many people are watching because it's streaming,
• 26:27
  Speaker 1: and you're not going to get you know, the same
• 26:30
  Speaker 1: amount of number of audience members that you get for
• 26:34
  Speaker 1: football or basketball, and you get less for the for
• 26:36
  Speaker 1: the girls soccer games versus the boys. Especially if you
• 26:38
  Speaker 1: have a big game, you know GW and Hurricane and
• 26:41
  Speaker 1: Wooda or Wilson, they draw a pretty decent crowd. But
• 26:46
  Speaker 1: we just it's kind of a public service and uh
• 26:50
  Speaker 1: so I encourage, but to keep doing it, we got
• 26:52
  Speaker 1: to get some viewers. So if you're thinking about watching
• 26:54
  Speaker 1: a soccer game, or or have a child playing, and
• 26:57
  Speaker 1: you might better get some extended family to check out
• 26:59
  Speaker 1: their game. Good HD Media game Day and see what's on.
• 27:04
  Speaker 1: Maybe get them to watch the game and they'll be
• 27:07
  Speaker 1: able to see it when they otherwise wouldn't.
• 27:09
  Speaker 3: And that's it's interesting and uh, since I've been back
• 27:13
  Speaker 3: and doing this for what we have fifteen sixteen years now, uh,
• 27:16
  Speaker 3: the evolution of sports at the high school level when
• 27:19
  Speaker 3: it comes to things like this, it used to be,
• 27:21
  Speaker 3: you know, you only had radio calls of football or
• 27:24
  Speaker 3: basketball games. You know, and in the time, just in
• 27:27
  Speaker 3: the sixteen years that I've been back here, we're now
• 27:29
  Speaker 3: doing not only are we covering way more sports, but
• 27:31
  Speaker 3: like we're doing uh soccer and softball and things like
• 27:35
  Speaker 3: that at the high school level, but we're doing it
• 27:37
  Speaker 3: on video too.
• 27:37
  Speaker 1: And we have highlights.
• 27:39
  Speaker 3: And you know, it's like if you now have a
• 27:41
  Speaker 3: kid that's in high school play in sports, you can
• 27:43
  Speaker 3: get a highlight of that kid, whatever play it might
• 27:45
  Speaker 3: be or whatever. A lot of times those games are
• 27:47
  Speaker 3: going to be covered and you can find that. Man
• 27:49
  Speaker 3: that even just fifteen years ago, that wasn't the case
• 27:51
  Speaker 3: for other sports other than football and basketball.
• 27:53
  Speaker 1: Yea, I'll tell you that the w W Metro News
• 27:56
  Speaker 1: streaming broadcasts are really good well because there's another national
• 28:02
  Speaker 1: network that does them sometimes and still you guys got
• 28:06
  Speaker 1: some of the championship games maybe last year if I
• 28:08
  Speaker 1: recall correctly, but some of the like I think volleyball
• 28:13
  Speaker 1: maybe still has this other there's a national network that
• 28:16
  Speaker 1: does it. Man, there it's not really the I think
• 28:19
  Speaker 1: they have local folks here do the kind of play
• 28:22
  Speaker 1: by play, which isn't not criticizing that, but their production
• 28:25
  Speaker 1: quality is not good and it's uh, you get blips
• 28:30
  Speaker 1: and things like that. So I'm I'm all hopefully Metro
• 28:32
  Speaker 1: News can keep getting more and more content. Yeah, those
• 28:36
  Speaker 1: were solutions.
• 28:36
  Speaker 3: Those were like companies that came in identifying a need,
• 28:39
  Speaker 3: but they didn't have like the large, you know budget
• 28:42
  Speaker 3: that you know for professional broadcasts, so they came up
• 28:44
  Speaker 3: with a solution for it. So you can actually get
• 28:45
  Speaker 3: them up in the area, have a small subscription fee
• 28:47
  Speaker 3: I think for a lot of this yet like that,
• 28:50
  Speaker 3: but it's just the quality is it's basically there to
• 28:52
  Speaker 3: get the game out there. It's not there to be
• 28:54
  Speaker 3: a bunch of bells and whistles and to look like
• 28:55
  Speaker 3: a you know, like a thoroughly professor. But you can
• 28:57
  Speaker 3: see the kids play, and that's what the important thing is. Sure,
• 29:00
  Speaker 3: that's good stuff. To take care of the kids is
• 29:03
  Speaker 3: always good stuff.
• 29:04
  Speaker 1: There's no doubt that's true. That's true. So yeah, things
• 29:08
  Speaker 1: are busy around Peyton Law. From one thing that this
• 29:11
  Speaker 1: is kind of something I hammer home. And I think
• 29:15
  Speaker 1: folks will still call an ass because they get told
• 29:18
  Speaker 1: by the courthouse that they need to do it. But
• 29:21
  Speaker 1: probably the most frequent and frustrating quotes get I have
• 29:27
  Speaker 1: to make sure I stay calm when folks call and
• 29:30
  Speaker 1: ask about it. It's not their fault. But you know,
• 29:33
  Speaker 1: we do a decent amount of state planning, and we
• 29:35
  Speaker 1: do a state planning administration, meaning if somebody passes away,
• 29:38
  Speaker 1: we can help you through the probate process. And if
• 29:40
  Speaker 1: it's a simple estate, our fee is very reasonable. So
• 29:42
  Speaker 1: I really encourage you. You know, if you have an
• 29:45
  Speaker 1: estate that has any amount of assets at all, maybe
• 29:47
  Speaker 1: you've been appointed executor administrator. First you might give us
• 29:50
  Speaker 1: a call before you get appointed because you might not
• 29:52
  Speaker 1: need to go through probate, which probate is not necessarily
• 29:56
  Speaker 1: the evil monster that it gets labeled as, but especially
• 30:00
  Speaker 1: in West Virginia. But if you do need to go
• 30:03
  Speaker 1: through probate, then we help with the state administration for
• 30:06
  Speaker 1: a very reasonable fee. And you know, I just I
• 30:10
  Speaker 1: have if there's money in the estate, I guess I
• 30:16
  Speaker 1: wonder people call me. We're like, well, the courthouse told
• 30:18
  Speaker 1: me to do this, And of course the courthouse is
• 30:20
  Speaker 1: a building, so it's humans in it. And like, for example,
• 30:23
  Speaker 1: the fiduciary supervisor does the probate here in Kanaw County.
• 30:27
  Speaker 1: They don't have a law they're not lawyers. There's not
• 30:28
  Speaker 1: a lawyer. That's the fiduciary supervisor, which is fine, But
• 30:34
  Speaker 1: at the same time, if you're not a lawyer, you're
• 30:37
  Speaker 1: prohibited from giving legal advice. So the folks that work there,
• 30:40
  Speaker 1: it's very you know, they're trying to help people. There's
• 30:43
  Speaker 1: a fine line like what is information and when does
• 30:46
  Speaker 1: that tilt over into legal advice which they're not supposed
• 30:49
  Speaker 1: to give. But I'll tell you one of the number
• 30:51
  Speaker 1: one questions I get, and it's a little bit hard.
• 30:53
  Speaker 1: So they folks will call and say, the courthouse told
• 30:57
  Speaker 1: me I have to get a deed, now, a deed
• 30:59
  Speaker 1: in my name. So when when someone passes away, and
• 31:03
  Speaker 1: if there's a will, or even if there isn't a will,
• 31:07
  Speaker 1: nine percent of the time, you don't need to go
• 31:09
  Speaker 1: get and you inherit the land. Let's say you don't
• 31:12
  Speaker 1: need to get a deed. It's the will operates as
• 31:15
  Speaker 1: the deed or the other estate documents that are filed,
• 31:17
  Speaker 1: so you don't need to get a deed. I've even
• 31:19
  Speaker 1: had folks call me in the last two weeks telling
• 31:24
  Speaker 1: me that the courthouse told them they needed a new
• 31:25
  Speaker 1: deed when they actually owned the property with another person
• 31:29
  Speaker 1: that had passed away first with survivorship. So in that
• 31:33
  Speaker 1: case you don't have to do anything. As long as
• 31:35
  Speaker 1: the death certificate's recorded in the county, you don't need
• 31:38
  Speaker 1: a new deep. So uh, no problem taking calls. I'm
• 31:43
  Speaker 1: not sure why who they talk to at the courthouse
• 31:46
  Speaker 1: and that kind of thing, but but all those out
• 31:48
  Speaker 1: there listening, and if you're they're going to folks will
• 31:52
  Speaker 1: call and I don't mind answering the questions, and or
• 31:54
  Speaker 1: you can send an email. But of course, when the
• 31:56
  Speaker 1: courthouse tells you something. Then if you don't think it's right,
• 32:00
  Speaker 1: you're going to call the lawyer to ask, which makes sense.
• 32:03
  Speaker 2: But.
• 32:04
  Speaker 1: You do not. The only time you really need adeed
• 32:07
  Speaker 1: is if there's something ambiguous in a will, for example,
• 32:09
  Speaker 1: and you can't tell what the person was describing as
• 32:12
  Speaker 1: far as the property, there's something questionable about it. If
• 32:15
  Speaker 1: it's a straight up will, it says I give all
• 32:17
  Speaker 1: my property to Del Cooper, and that person that died
• 32:20
  Speaker 1: owned land, then the will gives it to Dell Cooper,
• 32:25
  Speaker 1: and the documents that are filed as part of the
• 32:26
  Speaker 1: state process past title. You don't need a new deed
• 32:30
  Speaker 1: to put it in your name. Now, tax tickets, until
• 32:33
  Speaker 1: you go and tell the assessor that you're now the
• 32:36
  Speaker 1: owner by inheritance, they don't get something clicked over to
• 32:41
  Speaker 1: them that automatically causes them to change the tax ticket.
• 32:43
  Speaker 1: But tax tickets, the names on your property. Tax tickets
• 32:49
  Speaker 1: are not determinative of ownership. They're good clues about who
• 32:55
  Speaker 1: owned it, or at least owned it in the past,
• 32:56
  Speaker 1: but it doesn't you know, just because the tax ticket
• 33:00
  Speaker 1: keeps coming out in a deceased person's name doesn't mean
• 33:03
  Speaker 1: that person still owns it, or they need to do
• 33:06
  Speaker 1: any thing with a deed at all. You just need
• 33:09
  Speaker 1: to go over to the sfessor's office and let them know, hey,
• 33:11
  Speaker 1: you know, now own this property by this will or
• 33:14
  Speaker 1: by inheritance law, and then they should change the tax
• 33:18
  Speaker 1: ticket over. But yeah, you don't really need a deed
• 33:22
  Speaker 1: in almost any of those situations. Certainly, feel free to
• 33:25
  Speaker 1: call and ask or send us an email, and we
• 33:27
  Speaker 1: just text us a few minutes to straighten it out.
• 33:29
  Speaker 1: But then I my frustration is like I'll advise someone
• 33:33
  Speaker 1: and then they'll tell you, well, the court house says this,
• 33:34
  Speaker 1: where the courthouse says that, and it's the courthouse just
• 33:38
  Speaker 1: tests humans in it. I think they try and do
• 33:39
  Speaker 1: their best, but at the same time, and a lot
• 33:43
  Speaker 1: of times I think it's miscommunication because they don't have
• 33:45
  Speaker 1: all the right facts and that kind of thing. But yeah,
• 33:49
  Speaker 1: if you have in a state that you're administering and
• 33:52
  Speaker 1: you haven't done it in the past, or you feel
• 33:54
  Speaker 1: a little bit uncomfortable with it, you might give us
• 33:56
  Speaker 1: a call because if you do it wrong, we've got
• 33:58
  Speaker 1: to go back and redo it. It oftentimes costs a
• 34:02
  Speaker 1: lot more than just having us do it the right way,
• 34:05
  Speaker 1: and we answer all your basic questions and inquiries as
• 34:08
  Speaker 1: the process goes through. That way, you've got some comfortability.
• 34:10
  Speaker 1: And the folks at the courthouse cannot give legal advice,
• 34:14
  Speaker 1: so you can't when you come back and blame them
• 34:18
  Speaker 1: for something that was done wrong with the estate documents.
• 34:20
  Speaker 1: Well that's I mean, they're not lawyers and they can't
• 34:23
  Speaker 1: really advise you. They can give you basic information and
• 34:25
  Speaker 1: that's about it. So strongly encourage everybody one to get
• 34:28
  Speaker 1: wills done un too. If you're a minister in a state,
• 34:31
  Speaker 1: go ahead and give us a call and you know,
• 34:34
  Speaker 1: if we can handle it for you for a very
• 34:37
  Speaker 1: reasonable fee and make sure it gets done properly. It
• 34:40
  Speaker 1: gives you some sound mind. I mean, I've been doing
• 34:43
  Speaker 1: this for twenty six years now and so it's just
• 34:46
  Speaker 1: kind of second nature to me. But I wouldn't want
• 34:47
  Speaker 1: to be out there in the gray area just kind
• 34:50
  Speaker 1: of winging things, especially when you're talking about title to
• 34:53
  Speaker 1: real estate and maybe significant amounts of money that need
• 34:57
  Speaker 1: to be distributed and claims paid and things like that.
• 35:00
  Speaker 3: This is, by the way, that phone number for the
• 35:01
  Speaker 3: Payton Law from one line. It's Payton Law from dot Com.
• 35:03
  Speaker 3: The phone number. Threes are A four seven five five
• 35:05
  Speaker 3: fifty five fifty six. Threes are four seven five five
• 35:07
  Speaker 3: fifty five fifty six plus every Thursday morning right here
• 35:09
  Speaker 3: on five eighty CCHS at eight twenty four ask the lawyer,
• 35:12
  Speaker 3: but having sort of that stewardship somebody to help you
• 35:16
  Speaker 3: through some of these decisions and to give you the
• 35:17
  Speaker 3: confident that the decisions you make in are right, that
• 35:19
  Speaker 3: you've checked all the boxes, that you've looked at it
• 35:22
  Speaker 3: from the right angles, and stuff like that. That peace
• 35:23
  Speaker 3: of mind for a relatively reasonable fee is really something
• 35:26
  Speaker 3: that's worthwhile for folks, because when you get out there
• 35:28
  Speaker 3: and you don't know, and you're trying to do research,
• 35:29
  Speaker 3: you're googling this and that, and we all know that
• 35:31
  Speaker 3: the infrastructure trying to search things anymore is broken, so
• 35:34
  Speaker 3: you're you're not going to find actual information. You're going
• 35:36
  Speaker 3: to find like sponsored content. You're going to find influencer
• 35:39
  Speaker 3: stuff or whatever. Get the real information.
• 35:41
  Speaker 1: Right where you find AI. No exactly exactly, but AI is.
• 35:46
  Speaker 1: I would say what I'm seeing with AI and your gosh,
• 35:48
  Speaker 1: we're getting inundated as lawyers too, or helping you draft.
• 35:51
  Speaker 1: I don't use it to help draft documents. I would
• 35:54
  Speaker 1: say AI is effective as a starting point, but it
• 35:59
  Speaker 1: should never be allowed upon for actual uh legal maneuvering
• 36:04
  Speaker 1: or steps that person's uh going to take. So you
• 36:09
  Speaker 1: got to really watch that too, because you know I'll
• 36:12
  Speaker 1: see AI and it's not that it gets something absolutely wrong,
• 36:16
  Speaker 1: but it doesn't understand the facts well enough, particularly right.
• 36:19
  Speaker 3: And yeah, and states are different, they're differently, Just be
• 36:22
  Speaker 3: careful with that.
• 36:22
  Speaker 1: So what you're dealing with the state, you usually you've
• 36:24
  Speaker 1: dealt you're dealing with the famimber passing. It's not the
• 36:26
  Speaker 1: easiest time. So you want to get that burden off
• 36:29
  Speaker 1: of you. And and we did those very regularly, and
• 36:33
  Speaker 1: we can we can help you in it. So we
• 36:35
  Speaker 1: make probate simple most two times.
• 36:38
  Speaker 3: That's a that's a good call to action right here,
• 36:40
  Speaker 3: making profate simple the Paython Law Firm for many of
• 36:42
  Speaker 3: your legal needs. Threes are A four seven five five
• 36:44
  Speaker 3: fifty five fifty six. Threes are A four seven five
• 36:46
  Speaker 3: five fifty five fifty six. Peyton Lawfirm dot Com Online
• 36:49
  Speaker 3: p E y two and Payton Lawfirm dot Com seven
• 36:52
  Speaker 3: five five fifty five fifty six. Tom, Thank you so much,
• 36:54
  Speaker 3: for your time again this week. We really appreciate it.
• 36:55
  Speaker 1: We'll see you next week. Maybe we'll talk about football
• 36:57
  Speaker 1: season coming up, do some predictions, all right, We always
• 36:59
  Speaker 1: look forward to that.
• 37:00
  Speaker 3: So that's uh Tom Payton from the Pathon Law Firm
• 37:02
  Speaker 3: coming up next to Dave Allen on five, Ady Love.
• 37:05
  Speaker 3: I'll be back this afternoon at three or six with
• 37:06
  Speaker 3: Dave Weekly on hotline. Have a great day, everyone, listening
• 37:09
  Speaker 3: to your voice for Charleston. We are five eighty w CCHS.
• 37:14
  Speaker 1: Five eight w c HS A M ninety six point five.
• 37:16
  Speaker 3: That's then Charleston one oh four point five Cross Lane
• 37:19
  Speaker 3: on WVRC Media Station.
• 37:22
  Speaker 1: We're proud to live here too.