Latest / WCHS Network Podcasts / 08/07/2025 Ask the Lawyer with Tom Peyton

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08/07/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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Speaker 2: The views and opinions expressed on this program do not
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Speaker 2: necessarily reflect the views and opinions of five AD, w
0:21
Speaker 2: c hs it's employees or w v RC Media.
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Speaker 3: Our courts all.
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Speaker 4: Created equal.
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Speaker 3: When mass come here to Katona.
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Speaker 5: Well, that's one way that you can fight. Fight. Put
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Speaker 5: the wrong one in. I'm supposed to have a trailing
0:49
Speaker 5: music bat on there. That was the new one. I
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Speaker 5: put the original win anyway, that's the open for the
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Speaker 5: Patent law firm. Yeah, it sounded great. It's it's great. Uh.
0:56
Speaker 5: And you want to put the wall on your side
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Speaker 5: with the Payton Law Firm. And that's what we tried
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Speaker 5: to do here every Thursday morning on the radio. Tom
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Speaker 5: Peyton is in the studio with us this morning. You
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Speaker 5: can give us a call through zero four three four
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Speaker 5: five fifty eight fifty eight three four five fifty eight
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Speaker 5: fifty eight if you want to put the power of
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Speaker 5: Peyton on your side. This morning, Tom Peyton is in
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Speaker 5: the studio forty to give us a call this morning.
1:13
Speaker 5: I'll get the tax line number and stuff out in
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Speaker 5: just a little bit. But how are you doing this morning, Tom?
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Speaker 3: I'm doing great, doing great, Glad to be here again.
1:19
Speaker 3: Dad's away on his annual fishing trips, his big trip
1:23
Speaker 3: right yeah, to Labrador. So he drives to Columbus and
1:27
Speaker 3: then I think leaves on a real early because it
1:30
Speaker 3: takes more than one day to fly away into the camp.
1:33
Speaker 3: You go to Labrador. Newfoundland I think is one province.
1:37
Speaker 3: It's Labrador and Newfoundland, but it's one province in Canada.
1:40
Speaker 3: So he's he goes way up actually above the island
1:43
Speaker 3: of Newfoundland in Labrador, and then you fly in on
1:46
Speaker 3: a float plane and.
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Speaker 4: Fish for about a week.
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Speaker 3: Used to be when we when I went, when I
1:51
Speaker 3: was younger, we'd go and there was no uh, he
1:54
Speaker 3: just couldn't call out at all.
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Speaker 4: You're just in there.
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Speaker 3: There's a little radio because you fly on a floatplane
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Speaker 3: into a lake out of nowhere, and and of course
2:05
Speaker 3: they don't there's no stocking of fish or anything like that.
2:07
Speaker 3: It's all it's Northern Pike and the camp we went
2:10
Speaker 3: to it was Northern Pike and Big Brook Trout and
2:13
Speaker 3: uh camp we went to, we're to catch and release,
2:15
Speaker 3: so it was it stayed pretty pretty good fishing for
2:19
Speaker 3: for some time. But uh, I remember I went one
2:23
Speaker 3: of the times we went in. It was the Holyfield
2:26
Speaker 3: Tyson fight, Evander Holyfield Mike Tyson like midnighties. Don't know if
2:31
Speaker 3: they fought twice or uh, we didn't know the result.
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Speaker 3: I think it was the Saturday we went into camp
2:36
Speaker 3: and got out and we're anxious to know the result
2:39
Speaker 3: and then well you didn't hears no, Well, Tyson bit
2:42
Speaker 3: his ear off. That was the fight where Tyson. We
2:47
Speaker 3: never would have predicted that one. So but now of
2:49
Speaker 3: course they've got He goes to a little different location
2:52
Speaker 3: and they've got uh, you know, probably starlink or something,
2:56
Speaker 3: and so he does have Wi Fi access, so he
2:59
Speaker 3: can I don't think he does much calling, but he
3:03
Speaker 3: posts some things I see on the internet.
3:05
Speaker 5: It is odd to see. And I've known a couple
3:07
Speaker 5: of places, either people that go to places that at
3:11
Speaker 5: some point in time having a complete blackout was part
3:13
Speaker 5: of the call of the place, or some people that
3:16
Speaker 5: ran places like that, and it seems like that very
3:20
Speaker 5: few people actually want to go to the place where
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Speaker 5: you have no access to it.
3:23
Speaker 3: They want to ask something. Looking back on I mean,
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Speaker 3: it was nice. You know, it's a shock for a
3:27
Speaker 3: couple of days. Well, I can't call the office, can't
3:30
Speaker 3: call the family, can't contact anybody at least as far
3:34
Speaker 3: as work. And when you're young, you have kids to stay,
3:38
Speaker 3: have no contact with your family for a week. That
3:40
Speaker 3: was That was the tough part of the trip. I
3:42
Speaker 3: did not like. And but you know, you get there
3:46
Speaker 3: a couple of days and just kind of I don't
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Speaker 3: know what's going on the law firm, and there's nothing
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Speaker 3: I can do at it.
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Speaker 4: The problem is it's there when you get back.
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Speaker 5: It doesn't just go away. I always found it amazing
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Speaker 5: that when I was in South America that there were
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Speaker 5: areas is literally like eleven thousand feet up in the
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Speaker 5: andes were down in the Amazon Basin that gets more
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Speaker 5: consistent cell service and had better internet infrastructure for Wi
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Speaker 5: Fi and stuff than what we have here, like in
4:12
Speaker 5: some areas of westbrig Yeah, that's sad.
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Speaker 4: It really was sad today.
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Speaker 3: And that's one of the limitations we have, you know,
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Speaker 3: and I don't understand it because I haven't got into
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Speaker 3: the details of me. I know, we've had multiple grands,
4:22
Speaker 3: some funding mechanisms for utility companies to try and install
4:26
Speaker 3: fiber and other access across the state, and I don't
4:30
Speaker 3: something excusable they can't accomplish that by now to every corner,
4:33
Speaker 3: because it's just it's difficult for folks that live out
4:37
Speaker 3: in rural areas, and we're always going to have folks
4:39
Speaker 3: living in pretty rural areas here in West Virginia by
4:41
Speaker 3: the nature of our terrain, and then getting to hospitals
4:46
Speaker 3: is probably going to get even more difficult. And now
4:48
Speaker 3: we have telemedicine and things like that that you do
4:50
Speaker 3: through the internet. It just seems vital to me that
4:53
Speaker 3: everybody should have if they have a little where with
4:56
Speaker 3: all the ability to get a solid internet connection. But
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Speaker 3: that to the wise men the government, the governor, and
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Speaker 3: the legislature and whoever else. And speaking of local we've
5:06
Speaker 3: got a couple of things big big news, I think,
5:09
Speaker 3: or or in the legal community.
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Speaker 4: We got a new.
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Speaker 3: Supreme Court justice announced yesterday, Judge Hewing. He's been so
5:18
Speaker 3: Beth Walker is retiring. I think she might be retired
5:22
Speaker 3: maybe as of this summer. She's been a really good
5:24
Speaker 3: justice in my opinion. Really, I'm in the state bar
5:29
Speaker 3: and then go to the annual meetings and she was
5:31
Speaker 3: the Chief Justice I think a couple of years ago,
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Speaker 3: and she was really a big promoter of healthy lifestyles,
5:35
Speaker 3: which I think is important, especially important for professions like
5:39
Speaker 3: lawyers and trial lawyers with high stress.
5:42
Speaker 4: And things like that. So I really.
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Speaker 3: I was on the same page with her in that regard.
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Speaker 3: But because she's retired, Governor Morrissey got to appoint the
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Speaker 3: next Supreme Court justice and he goes through a committe
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Speaker 3: There was a lot of candidates and in the there's
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Speaker 3: a commission that whittles it down to think three or
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Speaker 3: four candidates that are then turned over to the governor
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Speaker 3: and then the governor decides, and he picked judge I
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Speaker 3: think it's Tom Hewing actually from was a circuit judge
6:13
Speaker 3: since twenty nineteen in Raleigh County. For that work for
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Speaker 3: k Castle and chain Yelope mostly defense or corporate firm,
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Speaker 3: but been around for a long time, good reputation. I
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Speaker 3: never appeared before Judge Hewing. I don't know him personally.
6:27
Speaker 3: Listen to him talk during the announcement on the show
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Speaker 3: here on your channel this morning, and it seems you
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Speaker 3: like he'll be really good. I like the fact that
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Speaker 3: he's been a circuit judge since two thousand and nine.
6:39
Speaker 3: He's been elected twice. He'll have to go up for
6:43
Speaker 3: election again after this appointment. I don't know if it's
6:45
Speaker 3: next year the year after. But the fact he's been
6:49
Speaker 3: a circuit judge and been elected twice in Raleigh County
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Speaker 3: I think is a good thing because he's perhaps not
6:58
Speaker 3: as a practicing it. I don't know his experience there.
7:02
Speaker 3: I never had a case with him, But sitting as
7:04
Speaker 3: a circuit judge, you're hearing. You know, that's the general
7:06
Speaker 3: trial court, general jurisdiction trial court of the state. So
7:11
Speaker 3: you have family law cases that get up there on appeal.
7:14
Speaker 3: You have domestic violence, you have abuse neglect, you have
7:17
Speaker 3: all the controversies regarding real estate ownership boundary disputes. Does
7:22
Speaker 3: all go before a circuit court like a magistrate can't handle.
7:26
Speaker 3: They don't have jurisdiction over any issue that involves the
7:28
Speaker 3: ownership of land. And so he's dealt with some of
7:33
Speaker 3: the say he worked in more of an ivory Tower
7:38
Speaker 3: office and doing corporate work or defense work, civil defense work.
7:42
Speaker 3: But over the last six years he's been dealing with
7:45
Speaker 3: things that everyday folks deal with. And I like that
7:48
Speaker 3: because he knows how it works on the ground, and
7:50
Speaker 3: he knows how well when you read this rule or
7:52
Speaker 3: this statute that maybe rules of procedure things like that,
7:55
Speaker 3: well that's what it says, let's see how it plays
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Speaker 3: out in reality. Think that helps a judge make a
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Speaker 3: decision on appeal because he'll have, you know, had boots
8:05
Speaker 3: on the ground to know how this works, how the
8:07
Speaker 3: lawyers handle this, and isn't just trying to decide a
8:11
Speaker 3: case in a vacuum based on reading a rule without
8:15
Speaker 3: knowing how it's been put in play in practice.
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Speaker 5: That's some really good insight. But I never really thought
8:21
Speaker 5: of that before. I mean not in the terms you
8:24
Speaker 5: just laid it out, but it really does make a
8:25
Speaker 5: lot of sense in that case. You know, he's seen
8:27
Speaker 5: a lot of the different applications for like you said,
8:30
Speaker 5: normal everyday situations, things you might address at the Supreme
8:33
Speaker 5: Court ultimately, and that lays and start contrast sometimes when
8:38
Speaker 5: you hear some of these other federal court appointments and
8:41
Speaker 5: things like that where you hear their background and they
8:43
Speaker 5: were like recently practicing attorney or you know, like they're
8:46
Speaker 5: like their background is not like really from the from
8:49
Speaker 5: the judiciary standpoint, you really wonder about that sometimes.
8:52
Speaker 3: And you know, I think all the Supreme Court State
8:57
Speaker 3: Supreing Court justices are I think right now, but I
9:02
Speaker 3: just I favor that background where you've had a it
9:06
Speaker 3: makes sense, you know, first hand criminal cases. Well, he's
9:11
Speaker 3: been there, he's sentenced to people. He knows the feeling
9:14
Speaker 3: you have when you're you know, you got victims on
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Speaker 3: one side wanting somebody to go to prison for thirty years,
9:21
Speaker 3: and you have families of the defendant on the others,
9:23
Speaker 3: or family of the defendant on other side, who you know,
9:26
Speaker 3: maybe they're feeling ever did something wrong, but they think
9:29
Speaker 3: they should get probation. And then that's the kind of
9:31
Speaker 3: decisions you got to make as a circuit judge. And
9:33
Speaker 3: then I just think that that type of background for him.
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Speaker 4: That's what I appreciate.
9:40
Speaker 3: If you go up there to argue somebody that's seen
9:42
Speaker 3: it and done it and participated in it. So I
9:45
Speaker 3: think excellent tr kudos to Governor Morrisey. I think that's
9:49
Speaker 3: an excellent pick, and we'll see how it plays out.
9:53
Speaker 4: I don't think he's sworn in. I don't think he
9:55
Speaker 4: was sworn in yesterday.
9:55
Speaker 3: Maybe it was just announced, but he'll be the one
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Speaker 3: of the h one of our five Supreme Court justices
10:01
Speaker 3: handling the ultimate appeals here in West Virginia going forward.
10:05
Speaker 5: You can put the five er payment on your side
10:07
Speaker 5: this morning and give us a call three zer a
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Speaker 5: want to give us a call three zer a four
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Speaker 5: three four five fifty fifty eight threes er a four
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10:42
Speaker 3: To manute, we'll get some calls. We got getting closer.
10:44
Speaker 3: The weather's cooled down just slightly, feels nice and it's
10:47
Speaker 3: awesome fall decorations in yards when I was driving in
10:51
Speaker 3: this morning, which means it's getting close to football seasons.
10:53
Speaker 4: I'm going way.
10:54
Speaker 5: Another week or or so before I do my prediction
10:58
Speaker 5: for the mountains. I'm going to ask that means your
11:00
Speaker 5: prediction has to be coming up here pretty soon.
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Speaker 4: Yeah, I've just got to I don't know.
11:03
Speaker 5: How do you know anymore?
11:04
Speaker 4: Man?
11:04
Speaker 5: I mean, I know we were going. So we're doing
11:08
Speaker 5: a sports show, right, and Tony Creedy challenged weekly to
11:12
Speaker 5: name six players on the current mountain your roster.
11:16
Speaker 3: Well, I can almost name four because there's litigation involving
11:20
Speaker 3: for that's right.
11:21
Speaker 5: Yeah, that's the That's an interesting one. These are the
11:24
Speaker 5: junior college players, right that that want their eligibility back
11:27
Speaker 5: for the junior.
11:28
Speaker 3: College at least one year in junior college. And they
11:31
Speaker 3: are all veteran students in college. They've played a number
11:36
Speaker 3: of years. Also, I think at Division one A schools
11:39
Speaker 3: or whatever you call it now the highest level of
11:42
Speaker 3: college football.
11:44
Speaker 4: But they.
11:46
Speaker 3: Their eligibility. I don't know if they've had a decision
11:49
Speaker 3: saying they can't play this year or if it's just
11:51
Speaker 3: still in the limbo of decision making, which in that
11:55
Speaker 3: status prohibits them from actively practicing and then playing in games.
12:00
Speaker 4: And so.
12:04
Speaker 3: The the four players then have filed a civil action.
12:08
Speaker 3: I think it's in the Northern District. I don't know
12:10
Speaker 3: if which if it's Judge Clee that has it, but
12:13
Speaker 3: actually local attorney John Gianola, friend of mine, is representing
12:19
Speaker 3: the four players and essentially alleging that you know this,
12:25
Speaker 3: this rule enacted by the n C Double A is
12:28
Speaker 3: arbitrary and meaning there's no real rational basis behind.
12:33
Speaker 4: It's just a made up rule.
12:35
Speaker 3: Which limits, uh, they're ability to play, and then they're
12:41
Speaker 3: ability to market themselves to make money, and there have
12:47
Speaker 3: been and then you know it dovetails into anti trust,
12:52
Speaker 3: anti competition laws because in essence, this sport and ability
12:59
Speaker 3: to earn money is monopolized. There's only one n C
13:03
Speaker 3: Double A, and and that everybody's a member of it.
13:07
Speaker 3: And so they if they restrict somebody's ability to earn
13:10
Speaker 3: a living. It's scrutinized pretty heavily because there's no other
13:15
Speaker 3: place for that person to go and play football and
13:17
Speaker 3: make money like they can through the highest level of
13:21
Speaker 3: college football. And I think they're going to win. I
13:25
Speaker 3: think that what I've read, and there's been a couple
13:29
Speaker 3: similar cases filed across the country where judges have already
13:33
Speaker 3: ruled in the players favor. I thought they were going
13:39
Speaker 3: to eliminate the The question is, as I understand it,
13:43
Speaker 3: when you play a year or two in junior college,
13:45
Speaker 3: is that count towards your eligibility and n Cuba rule
13:51
Speaker 3: was and maybe still is that. Yes, it does, and
13:53
Speaker 3: so once you run out your four or five years,
13:55
Speaker 3: I mean, it's real complicated because they've changed the rules
13:57
Speaker 3: over and over again the last five six year. So
14:02
Speaker 3: we'll see how that one plays out. Our John Ginola
14:07
Speaker 3: or at least read his Metro News commentary on your website,
14:12
Speaker 3: and he seemed to express a little frustration because there's
14:17
Speaker 3: been not controlling courts that would necessarily control what happens
14:21
Speaker 3: here in West Virginia, but very similar arguments made, and
14:25
Speaker 3: I think at least two other courts across the country
14:27
Speaker 3: that have ruled in favor of the players. So I
14:30
Speaker 3: think his frustration is, you know, why is the NCAA
14:34
Speaker 3: making this file a similar lawsuit with basically the same
14:38
Speaker 3: set of facts when the outcome has already been decided
14:41
Speaker 3: in other cases, And a little frustration about why the
14:44
Speaker 3: NCAA is taking such a score.
14:46
Speaker 4: Yeah, he I think he.
14:47
Speaker 3: Worded as every they're just doing everything he can to
14:49
Speaker 3: maintain their control, even though they're probably going to lose
14:54
Speaker 3: this case, making it hard on the players instead of
14:56
Speaker 3: just capitulating and saying you're eligible and I we'll see
14:59
Speaker 3: if it works out. They have a hearing set I
15:03
Speaker 3: think if memory serves, it's around August, middle of August,
15:06
Speaker 3: I think nineteenth or something like that. So of course
15:09
Speaker 3: they're losing practice time. Coursing practice on their own can't
15:14
Speaker 3: be an official practice. But yeah, there's four players, and
15:17
Speaker 3: they're good players as I understand it, so I'm not
15:20
Speaker 3: sure they'd all be starters, but they're players that would
15:23
Speaker 3: receive playing time this year and contribute to the team.
15:26
Speaker 3: So we'll watch that one and monitor it and see
15:28
Speaker 3: how it plays out. But yeah, I guess if they concede,
15:34
Speaker 3: if the n Cuba concedes to one set of players
15:37
Speaker 3: without letting it go through litigation and have a judge
15:39
Speaker 3: order them to.
15:42
Speaker 4: Let the players play.
15:43
Speaker 3: Then they have to basically repeal their rule and capitulate
15:47
Speaker 3: to all the players that are in the same position, which.
15:49
Speaker 4: Is probably what they ought to do.
15:50
Speaker 3: If you get multiple courts, this is a waste of
15:54
Speaker 3: money and waste of time, and they I think n
15:57
Speaker 3: cuble A just has to They need to really go
16:01
Speaker 3: back and take a look a blanket, look in detail
16:03
Speaker 3: of all the rules, and they're trying. You know, I
16:05
Speaker 3: don't understand how an organization that big. First of all,
16:08
Speaker 3: they should have anticipated this. I heard some folks talking about, well,
16:11
Speaker 3: the players should just get their scholarships. That's a lot
16:13
Speaker 3: of money. But there is no other scheme I'm aware
16:18
Speaker 3: of in the United States, where you know, it's a
16:22
Speaker 3: monopoly basically, and players are considered amateur, so they can't
16:27
Speaker 3: make money off of it. Yet the universities, the coaches,
16:32
Speaker 3: the NCAA and and TV stations are making all billions
16:38
Speaker 3: I presume.
16:39
Speaker 5: Oh yeah, I mean they just print money. I mean,
16:43
Speaker 5: and so they don't make any of that.
16:45
Speaker 3: But for the players talents and work and they get
16:48
Speaker 3: injured and they're you know, there's so I think this
16:52
Speaker 3: was a long time in coming. I think, you know,
16:55
Speaker 3: I was born in seventy six, so I don't really
16:57
Speaker 3: remember the how TV was with the call sports, you know,
17:01
Speaker 3: in the early eighties and things like that. But I
17:02
Speaker 3: know it was not It's just kind of an animal
17:05
Speaker 3: that built snowball on itself maybe in the nineties and
17:08
Speaker 3: just became much bigger money with television rights and things
17:11
Speaker 3: like that that didn't exist in the early days. And so,
17:17
Speaker 3: you know, it's hard to believe the NC Double A
17:19
Speaker 3: didn't have intelligence attorneys who were predicting this is going
17:24
Speaker 3: to be a problem one day. Maybe they just and
17:26
Speaker 3: at this point that it's caught and the judge courts
17:28
Speaker 3: have ruled on it in favor of the players almost universally, certainly,
17:31
Speaker 3: for they have a right to, you know, earn income
17:35
Speaker 3: off their name, image and likeness while they still play
17:38
Speaker 3: n C Double A football. You would think they would
17:40
Speaker 3: have a team of lawyers that would come up with
17:45
Speaker 3: rules regulations that they can defend pretty successfully in court.
17:50
Speaker 4: And you're just gonna have to figure it.
17:51
Speaker 3: They're gonna have to figure it out, put it in place,
17:53
Speaker 3: and then they won't have these lawsuits every time. I mean,
17:56
Speaker 3: they have rules that you know are going to be
17:59
Speaker 3: overturned by the court.
18:00
Speaker 4: Just seems goofy at this point.
18:04
Speaker 5: It makes me wonder if because what you said a
18:07
Speaker 5: minute ago, to me, this isn't a sports show, so
18:09
Speaker 5: I don't want to spend a ton of time on this,
18:10
Speaker 5: but unless you want to. But the thing that really
18:13
Speaker 5: strikes me about it is exactly what you said. The
18:16
Speaker 5: anticipation of this happening had to be a decade in
18:18
Speaker 5: the making. I mean, it was going to happen at
18:20
Speaker 5: some point in time. The case that was one that
18:23
Speaker 5: ultimately gave us anil was relatively predicted. I mean, NC
18:27
Speaker 5: Douba could have put some some rules in place, so
18:30
Speaker 5: this could have been a more modest and a more
18:36
Speaker 5: sane transfer into this era of nil and things like that.
18:39
Speaker 5: It seems like what they did, it's almost like a
18:41
Speaker 5: form of gas lighting or something. They just took all
18:43
Speaker 5: the guardrails off and they're just doing everything they can
18:45
Speaker 5: to make as much money as possible while players negotiate
18:48
Speaker 5: their thing everything like they don't even care about that money.
18:50
Speaker 5: At this point, They're they're more worried about keeping the
18:53
Speaker 5: NC double A as a money making institute.
18:56
Speaker 4: Basically, I was exploitation of the players.
18:59
Speaker 3: If you back off of it and don't listen to
19:02
Speaker 3: the rhetoric that's being fed to you by the NC
19:04
Speaker 3: double A and they're even the universities mass media machines,
19:09
Speaker 3: then I mean you just go back and look at
19:13
Speaker 3: players can't get paid anything other than scholarship and at
19:19
Speaker 3: the same time they're working, uh and making billions of
19:26
Speaker 3: dollars for others. That just doesn't in this scholarship America.
19:29
Speaker 3: That that's not how it works, perred. It doesn't take
19:31
Speaker 3: a genius to figure that out. And so yeah, just
19:35
Speaker 3: the damn broke. But yes, why did the NC double
19:38
Speaker 3: A not you're naive to think they didn't realize that's
19:42
Speaker 3: a problem, right, And then why did they not take action,
19:46
Speaker 3: proactive action before they get sued and it gets to
19:49
Speaker 3: the courts and we're kind of in the wild West
19:51
Speaker 3: about it to say, yeah, okay, now that we've got
19:55
Speaker 3: all these TV rights and you're get one hundred thousand
19:57
Speaker 3: people in stadiums and take us sales or you know,
20:01
Speaker 3: I don't know how much I was looking at tickets
20:04
Speaker 3: for the Florida LSU game for example, where my son goes.
20:06
Speaker 3: You have to buy them on the secondary market through
20:09
Speaker 3: stub hub or seek, and you're going to pay well
20:13
Speaker 3: over one hundred bucks for a ticket that's in the
20:14
Speaker 3: end zone. You know, why didn't they You're iive to
20:20
Speaker 3: think they didn't see it, see it coming. But they're
20:22
Speaker 3: making all that money all along, so they just just let,
20:25
Speaker 3: I wonder ride until they were told to stop.
20:27
Speaker 5: I wonder if the asymmetrical enforcement. I wonder if that
20:30
Speaker 5: has something to do with the reason that they didn't
20:31
Speaker 5: want to like turn over the books too much. I know,
20:34
Speaker 5: you know, like players can't get paid forever. We talked
20:36
Speaker 5: about this, you know, before the NIO agreement. But there
20:40
Speaker 5: were players that very famously would come out. I remember
20:42
Speaker 5: a guy that was a first round draft pick from
20:44
Speaker 5: Alabama before NIOL came out, and he like had a
20:47
Speaker 5: whole social media threat where he was talking about the
20:49
Speaker 5: cars that he got, the money that he got, like
20:51
Speaker 5: what they did for us. I mean, this was Nick Saban,
20:53
Speaker 5: This was Alabama under Nick Saban. Nothing like there's guys
20:56
Speaker 5: that if you bought him a lunch of McDonald's that
20:59
Speaker 5: you're going to get your program. I'm suspended. But here's
21:01
Speaker 5: a guy talking in first person about all the benefits
21:03
Speaker 5: he got for signing with Alabama.
21:05
Speaker 3: Not a thing was done signing autographs. Johnny Manziel played
21:09
Speaker 3: for what sign autographs got in trouble. I think there
21:11
Speaker 3: was a high state player that got like free tattoo,
21:17
Speaker 3: ridiculous and it's caught up to him now. And and
21:21
Speaker 3: you know the nil case. That's name, image likeness. So
21:26
Speaker 3: what the idea behind that was players can make money
21:29
Speaker 3: off their name, their image, and their likeness like advertising marketing.
21:34
Speaker 3: Uh well, then n Cuba still didn't try and adopt that,
21:39
Speaker 3: and until this past a few months ago, they reached
21:42
Speaker 3: a deal with revenue sharing Cozy. So technically a school
21:46
Speaker 3: couldn't until disagreement came into play. A school could not say, hey,
21:51
Speaker 3: we'll pay you X amount of dollars, but local car
21:54
Speaker 3: dealership could pay somebody, oh, you know, three four million
21:59
Speaker 3: dollars to be on a billboard.
22:01
Speaker 4: Well that's not that's not the market value for that advertisement.
22:07
Speaker 2: Right.
22:07
Speaker 3: They're obviously paying well over market value just to recruit
22:12
Speaker 3: the kid, for the person to come play sports at
22:15
Speaker 3: the school that they are dedicated to. So it was
22:18
Speaker 3: just you know, and there's no way to regulate that effectively.
22:22
Speaker 3: I think the NCAA tried to regulate. They had rules
22:27
Speaker 3: that said the universities couldn't directly recruit with money under
22:32
Speaker 3: the guys that nil, which has now been changed because
22:34
Speaker 3: of the revenue sharing. I think they settled that class
22:38
Speaker 3: action lawsuit and have rules now and there a certain
22:40
Speaker 3: amount of money that university can control to spread between
22:45
Speaker 3: sports players, which is just a recruiting tool when you
22:50
Speaker 3: look at it.
22:51
Speaker 4: But yeah, so.
22:52
Speaker 3: Nil for years now after the court decision, it was
22:56
Speaker 3: you know, yeah, you'll be one one radio ad for me,
23:00
Speaker 3: uh Tom, since you're a starting quarterback, uh, and we'll
23:03
Speaker 3: pay you, you know, ten times what that is really
23:08
Speaker 3: worth to us, as far as that you're not going
23:10
Speaker 3: to bring in business through that billboard or that radio
23:13
Speaker 3: ad that's commensurate with what we're paying you to do it, right,
23:16
Speaker 3: which is in the business world, that's really bad marketing.
23:22
Speaker 3: You do not pay five times more than the business
23:25
Speaker 3: us of legal embezzlement. I mean, there were not maybe
23:28
Speaker 3: not embezzlement, but there's a there's a CD nature to
23:32
Speaker 3: it that I guess isn't.
23:33
Speaker 4: Well, it was just a way. I don't know if
23:35
Speaker 4: there's anything wrong.
23:36
Speaker 3: With it, but it was a way to circumvent the
23:40
Speaker 3: rules because you know, the biggest boosters have a lot
23:43
Speaker 3: of conversations with the actual university officials, and that's obviously
23:49
Speaker 3: it's like, say, you're not communicating about Yeah, we wouldn't
23:52
Speaker 3: mind having that guy come here, you know, mister business owner,
23:58
Speaker 3: you want to go talk to him, see about maybe
24:00
Speaker 3: he wanted to do some advertising for you. Okay, we'll
24:03
Speaker 3: paying five times more then we'll ever make off the
24:06
Speaker 3: ad that he does for us. You know, it was
24:08
Speaker 3: just a it was a joke. Really, I don't know
24:11
Speaker 3: there's anything wrong with that. It was a violation of
24:14
Speaker 3: NCAA rules if the university was involved in that interaction.
24:18
Speaker 3: But but that's changed now and they're just their hands
24:21
Speaker 3: being forced and this all should have been hammered.
24:23
Speaker 4: Out before years ago.
24:27
Speaker 3: Without court intervention, because you could, like you said, you
24:31
Speaker 3: could see it come. I mean it was these were
24:32
Speaker 3: obvious outcomes to a certain extent.
24:34
Speaker 4: Yeah, that's that's the way it feels.
24:36
Speaker 5: Tom Payton is here from the Payton Law Firm. You
24:38
Speaker 5: could put the power of paton on your side this morning.
24:40
Speaker 5: We're just kind of chatting right now, but you can
24:41
Speaker 5: direct to that conversation anyway you want to. If I
24:44
Speaker 5: want to give us a call threes er a four
24:45
Speaker 5: three four five fifty eight fifty eight three four five
24:47
Speaker 5: fifty eight fifty eight. And you can also text over
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Speaker 5: questions to three zer a four nine three five five
24:51
Speaker 5: zer zero eight. We'll take a break and be back
24:52
Speaker 5: right after this. You're listening to ask the lawyer from
24:55
Speaker 5: the Paithon Law Firm, Tom Payton is here. I'm Dell Cooper.
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Speaker 2: matters only on the Voice of Charleston five eighty WCHS.
27:10
Speaker 5: You're listening to ask the lawyer whs the Voice for Charleston,
27:17
Speaker 5: Tom Paytons in studio with the supportian. The threes are
27:19
Speaker 5: four three four five fifty eight fifty eight. Threes are
27:21
Speaker 5: four three four five fifty eight fifty eight. As we
27:23
Speaker 5: come back to the lawyers in the house. Yeah, lawyers
27:25
Speaker 5: in the house. So yeah, just a little bit.
27:28
Speaker 3: We've been talking about some things in the legal realm here,
27:32
Speaker 3: but just to fill everybody in on what we do.
27:34
Speaker 4: If you don't listen.
27:35
Speaker 3: Regularly, you know we We are offices in Nitrail on
27:39
Speaker 3: twenty eighth Street, twenty oh one First Avenue. First Avenue
27:42
Speaker 3: is the main drag through Nitrol. It's about without traffic,
27:44
Speaker 3: fifteen to twenty minute drive from downtown Charleston, real convenient
27:48
Speaker 3: from obviously from Saint Albans are coming from the Tays
27:50
Speaker 3: Valley direction.
27:53
Speaker 4: Bread and butter.
27:54
Speaker 3: What we do really primarily are is civil litigation, insurance
28:01
Speaker 3: claims for people. People been hurting, car wrecks, falls, maybe
28:05
Speaker 3: have any type of insurance claim denied. So if you've
28:10
Speaker 3: been harmed physically or financially in some way by another
28:13
Speaker 3: person or a company, give us a call and we
28:19
Speaker 3: can everything. Every first call is a free consultation. You're
28:24
Speaker 3: never going to get charged. And just like you hear
28:26
Speaker 3: lawyers advertised about wait, did no fee unless we will, well,
28:29
Speaker 3: I's tell every lawyer that knows what they're doing handles
28:32
Speaker 3: injury type cases if they accept the case, so you
28:35
Speaker 3: know we're the same. If you there's no harm in
28:38
Speaker 3: calling us. If you've been in a car wreck, I
28:39
Speaker 3: want to see whether you have a claim or not
28:40
Speaker 3: that we can handle, or just some guidance. And if
28:42
Speaker 3: we do handle it and you hire us, then it's
28:44
Speaker 3: always on a contingency fee, so that you don't pay
28:46
Speaker 3: either costs or our fee unless we recover something for
28:52
Speaker 3: you now being in Nitro and grew up in Saint
28:56
Speaker 3: Albans living hurricane uh, just members of the community. People
28:59
Speaker 3: need legal help on a lot of different common aspects, wills, deeds,
29:06
Speaker 3: boundary issues. We do a decent amount of SOB security
29:09
Speaker 3: disability work, not thousands of cases. We're not the biggest
29:13
Speaker 3: law firm, we're not the Walmart of law.
29:15
Speaker 4: Firms, but.
29:18
Speaker 3: We know how to do the things that people need
29:20
Speaker 3: every day. So if you've got a boundary line issue,
29:23
Speaker 3: you've got in a state issue, you need some state
29:26
Speaker 3: planning done. Power of attorneys we do a lot of
29:29
Speaker 3: those wills. You can give us a call, and we
29:32
Speaker 3: are very efficient at it. Our fees are reasonable. A
29:37
Speaker 3: lot of times basic work with deeds and power of
29:41
Speaker 3: attorneys can be done mostly over the phone, and so
29:45
Speaker 3: it's not too much of a burden on you to
29:48
Speaker 3: get it done. But we just and we could do
29:52
Speaker 3: nothing but injury work. If we wanted to, we could
29:55
Speaker 3: pay for more ads, so we could crowd the new
29:57
Speaker 3: news even more with lawyer ads and say we only
30:01
Speaker 3: take serious trucking accident cases and injury cases. And obviously
30:06
Speaker 3: lawyers make money off those. That's why you see you
30:08
Speaker 3: don't see the new news ads flooded with ads for
30:16
Speaker 3: we'll do your deed, even though a lot of people
30:20
Speaker 3: need deeds done or have questions about real estate situations
30:24
Speaker 3: or their estate situations. You see the ads because that's
30:27
Speaker 3: how there's an opportunity for lawyers to make a lot
30:31
Speaker 3: more money with the injury cases.
30:32
Speaker 4: And we could do that.
30:34
Speaker 3: We could just quit and say, well, when somebody I
30:37
Speaker 3: went to high school with calls me and says, Tom,
30:40
Speaker 3: I need help with my mom's estates or I need
30:43
Speaker 3: a deed done, I could just say, well, we don't
30:45
Speaker 3: do that anymore. We only do serious injury cases. So
30:48
Speaker 3: call me back if you have a family member getting
30:51
Speaker 3: a car wreck. But you know, we just can't. I'm
30:55
Speaker 3: not going to do that ever. And Dad's never operated
30:58
Speaker 3: that way, and so that's why we do these other
31:01
Speaker 3: things that we do to help people. And we're able
31:03
Speaker 3: to operate in an efficient manner. We have a large
31:06
Speaker 3: staff compared to the number of lawyers, meaning support staff, paralegals,
31:10
Speaker 3: longevity of employees that stick around. We don't have a
31:14
Speaker 3: lot of turnover, and especially with technology, we're able to
31:19
Speaker 3: do things much more efficiently. Example, almost to every state.
31:23
Speaker 3: And I'll give kudos to Kanall County because the county
31:26
Speaker 3: clerk implemented this maybe a couple months ago. I can
31:29
Speaker 3: get well, I just had a state planning appointment yesterday
31:32
Speaker 3: where these folks owned various pieces of property, and they're saying,
31:34
Speaker 3: we want this one to go to Billy Bob and
31:37
Speaker 3: this one to go to susi Q. But you know,
31:39
Speaker 3: we've got to figure out they're giving me addresses, and
31:42
Speaker 3: I don't know how they're legally just got we're able
31:43
Speaker 3: to sit. It took a while, but we were able
31:45
Speaker 3: to sit there in my conference room. I have a
31:47
Speaker 3: big screen, it's a computer screen connected to the internet
31:51
Speaker 3: in my conference room, so we can get on there
31:52
Speaker 3: and we got right on the the the sheriff's tax page,
31:58
Speaker 3: so we could see the properties on satellite you and
32:00
Speaker 3: figure out which one they're talking about and how is
32:03
Speaker 3: this one described?
32:04
Speaker 4: Where is it.
32:04
Speaker 3: I can actually look at the deeds and take care
32:07
Speaker 3: of all that for folks. So that's you know, it's
32:12
Speaker 3: just a service. We view it almost as a service
32:15
Speaker 3: to the community to do those type things and uh
32:19
Speaker 3: but we're also when we've handled a lot of injury
32:23
Speaker 3: cases over the years, we do mesothelioma cases. Unfortunately, hopefully
32:26
Speaker 3: you don't have you haven't been diagnosed with, or you
32:29
Speaker 3: don't have family members that have been diagnosed with. But
32:31
Speaker 3: those are the asbestos related uh lung disease, and you see,
32:36
Speaker 3: we don't we do some advertising for it. We have
32:38
Speaker 3: an ad on the radio for it. We don't we
32:41
Speaker 3: don't do infomercials where we talk about mesothelioma for a
32:44
Speaker 3: half hour on TV and things like that. But we
32:46
Speaker 3: asked that if you have somebody it's in that situation,
32:49
Speaker 3: your family or a friend, that you consider calling us,
32:52
Speaker 3: because we do. Those are important cases us because we
32:54
Speaker 3: don't take that we don't have thousands of them, and
32:56
Speaker 3: so we pay particular attention to them. We do a
32:58
Speaker 3: really good job together in the facts, and then they're
33:00
Speaker 3: a little bit specialized. So we do work with a
33:02
Speaker 3: different firm who does handle thousands of them, but we
33:06
Speaker 3: think we get pretty good success with those, maybe better
33:09
Speaker 3: than others, because we really delve into the facts and
33:12
Speaker 3: gout of the facts and we know the local terrain.
33:15
Speaker 3: So if we're trying to figure out, well, did this
33:16
Speaker 3: person havn't somebody that will work with them at this
33:19
Speaker 3: plant where they might know what they were exposed to,
33:22
Speaker 3: you know, well, we might know that person, or we
33:23
Speaker 3: might know that person's family, and we certainly know where
33:26
Speaker 3: the plant's located, and so that kind of background helps
33:29
Speaker 3: us dealing with injury cases or lung disease cases and
33:35
Speaker 3: things like that. So that's that's kind of the Peyton
33:37
Speaker 3: Law Firm in a nutshell, and it's Dad and I
33:41
Speaker 3: where the lawyer. Dad's kind of part timing it, I
33:44
Speaker 3: would say a little bit at this point, but we
33:47
Speaker 3: do a really good job in those cases because we
33:49
Speaker 3: pay attention to them. You're not you know, we don't
33:51
Speaker 3: have a pair of legals that decide values of your
33:54
Speaker 3: claims right period. They put the package together, I look
33:58
Speaker 3: at it, I talk to you person only and strategize
34:02
Speaker 3: about what your claim value is, what you're intelty for compensation.
34:06
Speaker 3: And that's that's how it works at our office. But
34:08
Speaker 3: we pride ourselves on helping people with every day needs
34:12
Speaker 3: that they have and I'm never going to stop doing that.
34:15
Speaker 3: I could might make more money doing something different, but
34:18
Speaker 3: but but so people say, well, you're in a state lawyer,
34:22
Speaker 3: so well, I do a state work. But you know
34:25
Speaker 3: we're we're a civil litigation firm. That's what we always
34:27
Speaker 3: have been, that's what we like doing.
34:29
Speaker 4: And so.
34:31
Speaker 3: Yeah, so all we can ask is that one we
34:34
Speaker 3: can tell you we're going to work on it. We're
34:35
Speaker 3: going to pay attention to it. We're going to be
34:37
Speaker 3: as prepared as any lawyer possibly can to handle your case.
34:42
Speaker 3: If it's something where we.
34:44
Speaker 4: Have a class action that might come out of it
34:46
Speaker 4: or something like that.
34:46
Speaker 3: We will affiliate with firms that do that type of
34:49
Speaker 3: work regularly so that you will have the best chance
34:52
Speaker 3: at a good result. And and you know so if
34:56
Speaker 3: you have a family member or friend that has an
34:59
Speaker 3: injury or an insurance denied claim, or is hit by truck,
35:03
Speaker 3: we just asked you consider our firm and you will
35:06
Speaker 3: get good results.
35:09
Speaker 5: I think some of our sense of and hopefully in
35:11
Speaker 5: this area we've done a good job, and certainly the
35:13
Speaker 5: Peyton Law Firm has, but we all know that you
35:15
Speaker 5: get better service when you go to the local representation.
35:20
Speaker 5: We all complain about the day when we had the
35:22
Speaker 5: hardware store where you could go and you could talk
35:24
Speaker 5: to Jim who'd been there for years and you'd seen
35:26
Speaker 5: with your other problems and could tell you where to
35:27
Speaker 5: get what you needed. At the hardware store, you didn't
35:29
Speaker 5: have to hit the little light and wait for somebody
35:31
Speaker 5: had no idea what they were talking about. Come and
35:32
Speaker 5: tell you maybe where the item that you are is.
35:35
Speaker 5: You know, back when you had your local video stores,
35:38
Speaker 5: you know, you could go and be like, you know,
35:39
Speaker 5: I really liked this type of movie. They know where
35:42
Speaker 5: you're from, they know where you live, and think like, oh, hey,
35:45
Speaker 5: you know what you would really like there's this You
35:47
Speaker 5: had people on the ground that would give you recommendations
35:49
Speaker 5: or what to do things along those lines. And it's
35:51
Speaker 5: no different like that, And it's much more important where
35:53
Speaker 5: you're talking about access to the law and law firms.
35:56
Speaker 5: You guys know people. You know people that work at courthouses,
35:58
Speaker 5: You know people. You know where the plant was that's
36:00
Speaker 5: been closed down for thirty years, you know where it
36:02
Speaker 5: was located. You know where the physical location that was.
36:04
Speaker 5: You might even know somebody that was a manager in
36:06
Speaker 5: it at some point in time. It's just different dealing
36:09
Speaker 5: with people that's been here and who's been here for decades,
36:12
Speaker 5: as opposed to calling an eight hundred number, getting somebody
36:14
Speaker 5: on the phone and hoping that they know what they're talking.
36:17
Speaker 3: And I can also promise you that we will not
36:18
Speaker 3: use AI too. Right there you are legal work for you,
36:22
Speaker 3: which is the biggest personal injury law firm in the country,
36:25
Speaker 3: has been sanctioned for using AI in briefs not in
36:29
Speaker 3: West Virginia. But so keep that in mind. We so
36:36
Speaker 3: that's just all short cut.
36:37
Speaker 5: I mean, I mean honestly, that's just a shortcut that
36:39
Speaker 5: there's no reason that you have to use AI to them.
36:41
Speaker 4: There should do.
36:42
Speaker 3: That be unless you're lazy or you don't care about
36:44
Speaker 3: your clients, and we're neither one of those.
36:46
Speaker 4: That's right.
36:47
Speaker 5: You need to put the power of patent on your
36:49
Speaker 5: side this morning. You can do that by contacting the
36:51
Speaker 5: Payton Law from the phone number. Threes are A four
36:53
Speaker 5: seven five to five fifty five to fifty six. Threes
36:55
Speaker 5: are A four seven five five fifty five to fifty six.
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Speaker 5: On line Patonlawfirm dot com. Peyton Law from dot com,
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Speaker 5: located of course in Nitro, West Virginia. You can hear
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Speaker 5: the show every Thursday morning, eight twenty right here on WCCHES.
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Speaker 4: Sounds good.
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Speaker 3: I got a trial next week, but if it doesn't
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Speaker 3: go or it's finished by Thursday, I'll be back.
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Speaker 5: Sounds great, All right, that's Tom Payton from the Peyton
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Speaker 5: Law Firm once again online Peyton Law from dot com.
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Speaker 5: P y t you and Peyton Lawfirm dot com three
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Speaker 5: zero four seven five five fifty five to fifty six
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Speaker 5: coming up next to Dave Allen and five eighty Live
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Speaker 5: to Dave Allen Show. After that'll be Dave Wilson and
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Speaker 5: TJ on talkline. I'll be back this three zero, A,
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Speaker 5: four seven, five, five fifty five fifty six coming up
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Speaker 5: next to Dave Allen and five eighty Live to Dave
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Speaker 5: Allen Show. After that'll be Dave Wilson and TJ on talkline.
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Speaker 5: I'll be back this afternoon with Dave Weekly. We'll be
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Speaker 5: on location from inside the Huddle with United Way. Thank
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Speaker 5: you so much for tuning in today. This is Del Cooper.
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Speaker 5: This is five ADWCHS, the Voice of Charleston.
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Speaker 4: Five edwc HSAM maybe six point five.
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Speaker 2: That's in Charleston one oh four point five Cross Lane
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Speaker 2: on WVRC Media Station. We're proud to leave you two