Latest / Ask the Lawyer / Ask the Lawyer with Harvey Peyton - Hard Truths & Justice: Fighting for West Virginia’s Forgotten Communities

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Ask the Lawyer with Harvey Peyton - Hard Truths & Justice: Fighting for West Virginia’s Forgotten Communities · Ask the Lawyer

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Speaker 3: of Babes, and.
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Speaker 4: A happy good morning to you. It is a Thursday
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Speaker 4: morning in the state of West Virginia. Little snow on
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Speaker 4: the ground, Little snow on the ground. This morning. You
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Speaker 4: could put the power of Peyton on your side this morning.
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Speaker 4: Threes are four, three, four, two, eight, one, three one.
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Speaker 4: You can text threes are four, nine, three, five, five
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Speaker 4: zeros or eight. Harvey Payton's in the studio with this
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Speaker 4: this morning. Harvey, good morning, how you doing well? I'm
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Speaker 4: fine and I'm glad to be here. We bulldozed up
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Speaker 4: the I.
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Speaker 5: Sixty four from beautiful Putnam County to find my way
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Speaker 5: to Charles this morning. I really thought that the trip
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Speaker 5: would be a little more difficult than it was. I
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Speaker 5: left the house about seven, and God actually got here
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Speaker 5: probably twenty till eight. Because the interstate, Thank goodness for
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Speaker 5: the theh workers. We've got the folks that respond and
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Speaker 5: they're out there working all night, and they'd be working
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Speaker 5: all day to day to put the salt and to
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Speaker 5: scrape the roads. The interstate was really good. But driving it,
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Speaker 5: you know, I was listening to the radio, of course,
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Speaker 5: listening to you guys, and I had already read the
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Speaker 5: gazette this morning and you know Metro News online. It
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Speaker 5: is one thing that pops into my heart that I've
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Speaker 5: got to say. I mean, I've practiced law all over
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Speaker 5: West Virginia in the fifty one years that I've been
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Speaker 5: practicing here, and a lot of cases in Boone County,
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Speaker 5: something down in Logan County, Wyhoming County, down in Pineville.
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Speaker 5: Welch Williamson IF had business in Louisiana and Gilbert and
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Speaker 5: what the good people who live in those counties have
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Speaker 5: had to put up with and it's not something that's new.
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Speaker 5: I was in Williamson in nineteen seventy seven after the
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Speaker 5: flood there and saw what happened there. I had one
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Speaker 5: of my best friends in undergraduate school with Jim hump
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Speaker 5: was Danny Humphreys from down Mullins and Luther Lafon and
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Speaker 5: Dave McCormick from from Logan, and then you've got Kibby
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Speaker 5: Lewis was in school with me from Welch. I mean,
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Speaker 5: it's just time after time, and I'm thinking, why isn't
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Speaker 5: all business suspended today? In the legislature of West Virginia.
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Speaker 5: Let's move past some social issue about vaccination and ephemeral
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Speaker 5: thoughts about freedom. But we have to solve this problem
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Speaker 5: or not or just be honest. We have to have
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Speaker 5: some politicians who are going to be honest and say, look,
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Speaker 5: we realize that this area of the state is peopled
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Speaker 5: by some of the most honest, hard working. They love
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Speaker 5: their children, They treat them like cubs, almost in packs.
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Speaker 5: They do the very best they can to educate their children.
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Speaker 5: They're devoted to their sports teams. Civically responsible, but they're
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Speaker 5: curs they're working under a curse of an extractive industry
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Speaker 5: that has pounded and pounded and pounded into almost oblivion
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Speaker 5: over the last hundred and some years. I always thought
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Speaker 5: when I drove into Welch, you would see that sign
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Speaker 5: and said, now entering mcdalell County, the home of the
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Speaker 5: billion dollar coal field, I said, yes, but not home
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Speaker 5: to any public sewer system or any water system. It
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Speaker 5: makes me sick. You see our deep which is like
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Speaker 5: the Department of Environmental Protection. That's an oxymoron for that bunch. Well,
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Speaker 5: this water passes all federal drinking water health standards. Okay,
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Speaker 5: but it's rusty, right, It's muddy, and it tastes terrible,
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Speaker 5: and it tastes like iron, So okay, you drink it.
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Speaker 5: It's easy to sit up here in Charleston and talk
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Speaker 5: about what we're going to have to do to help
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Speaker 5: the coal industry. The problem was we spent decades taking
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Speaker 5: the money that was generated on the backs of these
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Speaker 5: good folks down there in that five or six county
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Speaker 5: region and spending it or giving it away. And remember
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Speaker 5: the super tax credits of Odius Archmore third term, or
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Speaker 5: the significant reductions we saw over the last five years
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Speaker 5: in the in the severance tacks on low seam coal.
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Speaker 5: Just give it away or give it to Marshall to
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Speaker 5: build a baseball stadium. All three of my children went
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Speaker 5: to Marshall, all three of their spouses went to Marshall.
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Speaker 5: My wife graduating from Marshall. It's a wonderful institution. But
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Speaker 5: to see people who don't have water to drink in
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Speaker 5: Welsh It's county seat. And to find out that the
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Speaker 5: Water Redevelopment Authority, Marie Presiezo's commission, you know, like four
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Speaker 5: million dollars to the baseball stadium because it's quote economic development.
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Speaker 5: All right. I can see that Marshall would like to
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Speaker 5: have a baseball stadium. I'd like to have one of
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Speaker 5: my backyard two build it and they will come. How
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Speaker 5: about four and a half million dollars for the for
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Speaker 5: the keith Alby Theater. It's a wonderful place I've been.
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Speaker 5: I think the Martial Artists series is a great thing
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Speaker 5: to do. But don't take clean water out of the
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Speaker 5: mouths of children in a five county area that is
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Speaker 5: the most depressed. And it's it's an anchor. It's a drag.
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Speaker 5: And I don't say that with any ill will or
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Speaker 5: animosity towards the people who live there. They're really great.
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Speaker 5: I mean the times that I bill you can't be
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Speaker 5: treated any better than the courthouse staff, more friendly? How
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Speaker 5: you doing? Can I help you? That wonderful sort of
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Speaker 5: Elizabethan twang, but misgoverned by the politicians and just flat
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Speaker 5: out lied to. And so you're living in a society
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Speaker 5: down there and around here as well, where if you're
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Speaker 5: an insurance guy or an accountant or a lawyer making
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Speaker 5: some money, or in particular a politician, if you got
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Speaker 5: a good job of the Board of Education or somebody
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Speaker 5: got don the payroll of the County Commission, you don't care.
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Speaker 5: It's there's just an absence of any real care. It's
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Speaker 5: not carelessness, because you have to care before you can
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Speaker 5: be careless. And this makes me sick. I've watched it
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Speaker 5: all my life. If you want to talk about, well,
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Speaker 5: why do we have such low performance and low job
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Speaker 5: rate participation, Well, look where it is. You can have
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Speaker 5: all the jobs you want in mont County and Harrison
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Speaker 5: County and Marion County, in Ohio County. You can have
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Speaker 5: a workforce participation rate of seventy percent there. But if
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Speaker 5: the rope workforce participation rate in Mingo back down Wyoming
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Speaker 5: Logan Boon is thirty five percent. Because you've got a
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Speaker 5: population of folks who are disabled, unable to work, but
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Speaker 5: have had the life ground out of them or have
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Speaker 5: been subjected to the huge influx. Where did all the
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Speaker 5: pills go? Where did they ship all the pills? Right? Yeah?
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Speaker 5: People lighting up and we got politicians up here, Democrat
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Speaker 5: and Republican. It wasn't any better when Mojo was in
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Speaker 5: up there. I mean he couldn't wait to cut business
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Speaker 5: franchise taxes and give lip service to the coal fields.
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Speaker 5: We never did anything. I mean, you saw Governor Justice,
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Speaker 5: who's now in the United States Senates, sitting on twenty
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Speaker 5: some million dollars in money that was supposed to go
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Speaker 5: to corrections. He takes ten million bucks and goes and
8:25
Speaker 5: throws out a first ball at a non existent baseball
8:28
Speaker 5: park while people in uh Welch. The mayor is saying,
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Speaker 5: you know, we are going to buy the water lines.
8:34
Speaker 5: How are they going to get the money to replace
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Speaker 5: the water lines. It's just incredible, Coop. I would just
8:40
Speaker 5: hope that people would if we had port you know,
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Speaker 5: torches and pitch forks and a whole group of people
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Speaker 5: who would march on the Capitol. But I don't think
8:52
Speaker 5: it's going to make any different, we asked, asked the
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Speaker 5: president of said he's a coal miner. Well, we've got
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Speaker 5: to protect our miners. Well, indeed we do, so quit
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Speaker 5: killing them early at a time, right.
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Speaker 4: I mean, it's the industry.
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Speaker 5: They don't mean the miners, they mean the industry, They
9:04
Speaker 5: mean the colt that people. My mother was born in Raleigh.
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Speaker 4: That there's something that I heard somebody say once that
9:09
Speaker 4: I thought really struck me.
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Speaker 5: And it was.
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Speaker 4: The best trick that the devil ever pulled was to
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Speaker 4: convince folks that work was moral. And I think that
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Speaker 4: in some degree when you talk about places like in
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Speaker 4: the coal fields and stuff like that, a lot of
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Speaker 4: people think attached that with their with like how good
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Speaker 4: of a person they are, you know, Like they don't
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Speaker 4: want to they don't want to push back when anything,
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Speaker 4: because work is synctom synctem, it's it's it's the thing
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Speaker 4: that you do, it's what you know. It's how you
9:39
Speaker 4: earn your your place in life and stuff, which is
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Speaker 4: true to a degree. But you have to fight for
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Speaker 4: yourself within that, within that period too.
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Speaker 5: Well, there's there's dignity to work. And from the Constitution
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Speaker 5: of the United States for America was was adopted as
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Speaker 5: essentially a commercial document. It sets up commerce between the
9:55
Speaker 5: States and commerce with foreign countries, and and a system
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Speaker 5: of courts to enforce the rule of law, in a
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Speaker 5: system of patents for protection. But the best trick the
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Speaker 5: devil pulled is convincing a whole group of people who
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Speaker 5: are now sitting in the freezing cold with no water
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Speaker 5: and greater destruction than they had even back in seventy seven.
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Speaker 5: Is that an amoral South African immigrant who's the richest
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Speaker 5: person in the world cares about you. Now, the devil
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Speaker 5: should get accolades for that, right, Or that amoral, blasphemous
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Speaker 5: multiple adulterers who crap in golden toilets really care, right,
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Speaker 5: It's just that's the trick that we've pulled. Anyway, it
10:48
Speaker 5: has nothing to do with the law. It is, well,
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Speaker 5: it is to do with the law, because I've been
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Speaker 5: exposed to those areas down there, and I can tell
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Speaker 5: you what delightful, hard working, essentially honest people that there are. Now,
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Speaker 5: there are some bad apples, there's bad politicians everywhere, but
11:04
Speaker 5: you can believe meetouse with a muzzle on. But you know,
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Speaker 5: why aren't we Why isn't that the whole? And maybe
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Speaker 5: it will be maybe it's too soon. Maybe next week
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Speaker 5: the governor is gonna come out. We're gonna to put
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Speaker 5: everything on hold. We're going to address flood recovery and
11:21
Speaker 5: we're going to say what do we do with wells?
11:23
Speaker 5: We can't just keep asking these folks to go back
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Speaker 5: to towns that have no value.
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Speaker 4: I mean, every new story that we've done from down
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Speaker 4: there has been historic, once in a lifetime tragedy, just
11:35
Speaker 4: massive amounts of damage. And I mean and there, like
11:38
Speaker 4: you said, and Chris Lawrence was down there on tuesday,
11:41
Speaker 4: Jess Inklins went down yesterday and with all the inn
11:45
Speaker 4: I mean, we have a we have a charity drive
11:48
Speaker 4: that we're doing a week from yesterday. So on Wednesday
11:50
Speaker 4: of next week, we're doing a charity drive. We're calling
11:53
Speaker 4: it drop the Bucket, and the concept of that is
11:56
Speaker 4: you get your bucket, you put your cleaning supplies and
11:58
Speaker 4: stuff that you need, and that you drop it off here.
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Speaker 4: But they're all doing that. I mean, it's amazing how
12:03
Speaker 4: they just put one foot in front of the other.
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Speaker 4: Help the neighbor out. I mean, it's really I mean,
12:07
Speaker 4: just give them a crack. Just give people a crack.
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Speaker 4: The hard work is there.
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Speaker 5: But here's here's what I see from the standpoint of
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Speaker 5: a lawyer who's pretty much made my career analyzing situations
12:22
Speaker 5: and talking to people and trying to talk reasonably to jurors,
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Speaker 5: is it doesn't do folks any favor to convince them
12:33
Speaker 5: that working to overcome tragic conditions and occurrences is just
12:42
Speaker 5: really a good thing. So we should keep doing it.
12:44
Speaker 5: You know, we should keep putting up with bridges that fall,
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Speaker 5: and coal dams that fail, and water systems that open up,
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Speaker 5: because you know, because we're West Virginia. Because hey, we're
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Speaker 5: put on the earth to suffer, right.
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Speaker 4: Right right, it's moral to stand up, to be to
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Speaker 4: be stowing in the face of that.
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Speaker 5: Well it is, but it congratulations, your stoic. Now I'm
13:08
Speaker 5: going to go back to Charleston and I'm going to
13:10
Speaker 5: do what I want to do, or I'm going to
13:12
Speaker 5: you know, I'm going to worry about five million dollars
13:15
Speaker 5: to a Catholic propaganda machine in Steuvenville, Ohio. We gave
13:21
Speaker 5: that away. I can't believe Marpresioso. She's a long time
13:25
Speaker 5: public servant. Or brother was in the state Senate for years.
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Speaker 5: How they can sit there with a straight face without
13:31
Speaker 5: being humiliated by the giveaways out of this water development
13:35
Speaker 5: fund and a more aggressive stance. But of course, remember
13:42
Speaker 5: about thirty years ago, maybe you may not have been
13:45
Speaker 5: here then, when there was some move that they were
13:47
Speaker 5: going to put some landfill business in McDowell County on
13:53
Speaker 5: some of the US steel property. Well there was this
13:56
Speaker 5: coalition form, you know, Citizens for a Clean County. Well,
13:59
Speaker 5: you know who did it, call association funding it. They
14:02
Speaker 5: don't want any wage competition down there, photoces anything they
14:05
Speaker 5: want to. You know, I've got a saying that I
14:09
Speaker 5: employee all the time, and it's in the land of
14:11
Speaker 5: the blind. The one eyed man is king, and the
14:14
Speaker 5: king ain't spending any money on ie research. Right. That's
14:17
Speaker 5: where we are, right right, right, So moving beyond that, Uh.
14:22
Speaker 4: We can and take our break. If you want to
14:23
Speaker 4: reset card, I could do that.
14:24
Speaker 2: We can.
14:25
Speaker 4: Yeah, let's do that. Let's do that. We'll take a break,
14:27
Speaker 4: we'll come back. You can get ahold of the Payton
14:28
Speaker 4: Law Firm today. One line is three zero three four
14:31
Speaker 4: two eight, one three one is our phone number and
14:33
Speaker 4: you can also text threes are four non three, five,
14:35
Speaker 4: five zeros or eight. Peytonlaw Firm located at Nitro, West Virginia,
14:38
Speaker 4: pathon Law from dot com, p e y t o
14:39
Speaker 4: inn Peyton Lawfirm dot com. Take a break and we
14:41
Speaker 4: will be back right after this. You're listening to Ask
14:43
Speaker 4: the Lawyer with Harvey Payton on five ad w chs
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Speaker 4: the voice for Charleston at.
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Speaker 3: Peyton Law Firm. We know how tough it is when
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Speaker 3: life takes a sudden turn. An accident can change everything.
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Speaker 3: But at Peyton Law Firm, we stand by you. Whether
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Speaker 3: of Peyton Law Firm on your side because when it
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15:57
Speaker 6: Good morning, here's your traffic update. There's a vehicle crash
16:00
Speaker 6: on I seventy seven north at mile marker one eleven
16:03
Speaker 6: around Tuppers Creek Road in Boone County. Bridge deck repairs
16:06
Speaker 6: on US one nineteen south at mile marker twenty in
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Speaker 6: Putnam County. A disabled vehicle on I sixty four west
16:12
Speaker 6: at mile marker forty four around Nitro. And a disabled
16:16
Speaker 6: vehicle on US one nineteen south at mile marker six
16:19
Speaker 6: on the right shoulder at forks of Coal Dry Safely.
16:22
Speaker 6: I'm Chapel in the WCHS Network Traffic Studio.
16:27
Speaker 3: Put the power of Payton on the side.
16:31
Speaker 4: We have the court room experience. On such a need.
16:36
Speaker 4: We never give up.
16:38
Speaker 5: We're prepared to fight for your rides.
16:41
Speaker 6: When you need action, count on us.
16:47
Speaker 3: Put the power up Payton on.
16:50
Speaker 4: Your side the power once again. You can put the
16:55
Speaker 4: power of Paton on your side this morning. You can
16:56
Speaker 4: give us a call three zero four three four two
16:58
Speaker 4: eight one three one three zero four three four to
17:00
Speaker 4: eight one to three one. We're having some problems with
17:02
Speaker 4: our IP lines earlier today. That's the bad thing. When
17:05
Speaker 4: we when we had to switch over to the studio
17:06
Speaker 4: lines is our old fifty eight. Fifty eight line was
17:10
Speaker 4: still an old school landline, like straight, just like we've
17:13
Speaker 4: had it for years, and it was the same number
17:15
Speaker 4: we had forever, which was good and bad. It was
17:17
Speaker 4: bad because we couldn't pourt it anywhere in the building,
17:19
Speaker 4: but it was good because it basically always worked since
17:21
Speaker 4: we had to go over to the new lines. Whenever
17:22
Speaker 4: there's an internet at eruption, whenever there's maybe bad weather,
17:25
Speaker 4: sometimes those scenes get a little squirrely. I heard there
17:27
Speaker 4: might have been office line issues earlier this morning. I'm
17:30
Speaker 4: not sure if that's still the case, So just in case,
17:32
Speaker 4: you can also text us at three zero four non
17:33
Speaker 4: three five five zero zero eight three zero four non
17:36
Speaker 4: three five five zeros er eight We have had I
17:38
Speaker 4: was saying to our engineers last night, just as an aside,
17:41
Speaker 4: we have had one of the craziest runs just I know,
17:45
Speaker 4: we've had pretty crazy weather in general in West Virginia.
17:47
Speaker 4: Like if you take a year period. A year ago,
17:49
Speaker 4: our towers got blown down in the big windstorm that
17:51
Speaker 4: came through, and you go forward a year from that,
17:53
Speaker 4: and even a little bit back from there, we have
17:55
Speaker 4: had just some of the craziest like high winds, really
17:58
Speaker 4: cold weathers. We've had some really straight weather and it's
18:00
Speaker 4: taking a toll on the radio equipment business.
18:03
Speaker 5: Well, it takes a toll on everybody. And we suffered
18:05
Speaker 5: some damage in our house from the high winds. I'd
18:07
Speaker 5: have a new roof put on. Obviously, the flooding, the
18:11
Speaker 5: drought from last year which really crippled a lot of farmers,
18:15
Speaker 5: and it's going to really, I think, cause meat prices
18:18
Speaker 5: to go up significantly come this spring because the farmers
18:21
Speaker 5: sold off their cattle. But you know, yeah, a little
18:25
Speaker 5: technical problems here. I mean, folks that are listening, you know,
18:29
Speaker 5: if you have a little issue calling in, it's only
18:31
Speaker 5: because of all the improvements that are actually being made
18:33
Speaker 5: in this building. It's a transfer. You know. When we
18:36
Speaker 5: started twenty six years ago, I was across the hall
18:41
Speaker 5: and the bigger studio where you know, we've got all
18:44
Speaker 5: a better setup. We moved over here a few years ago,
18:47
Speaker 5: but it's still you know, it's it's it's talk radio,
18:51
Speaker 5: it's public interest radio, and it's advertising for us. So
18:54
Speaker 5: if you have a little problem, be patient because the
18:57
Speaker 5: Paint Law Firm is not going to go away. And
19:00
Speaker 5: if you have questions or things you'd like to talk about.
19:04
Speaker 5: If you don't get through the first time, if the
19:06
Speaker 5: first you don't succeed, try try again. I mean, we've
19:09
Speaker 5: been in business as the Peyton Law Firm for me
19:14
Speaker 5: in Nitro almost fifty years, have been practicing law fifty
19:18
Speaker 5: one years. My son has been practicing law twenty two years,
19:21
Speaker 5: this year twenty three actually, and you know, we're here
19:26
Speaker 5: and because we know my earlier comments about the southern counties,
19:30
Speaker 5: because we've been there and we know the people who
19:32
Speaker 5: live there, and we feel a kinship with the people
19:35
Speaker 5: who are here because we've all been here all of
19:37
Speaker 5: our lives. And our offices in Nitro at the corner
19:40
Speaker 5: of twenty eighth Street and First Avenue. It's in Putnam County,
19:43
Speaker 5: but across the street from the Kanawa county line. And
19:47
Speaker 5: if you have an issue, say you've had someone injured
19:49
Speaker 5: in an automobile accident, or heaven forbid, someone killed in
19:52
Speaker 5: an accident, or we've suffered a loss. You've got an
19:55
Speaker 5: insurance company that won't pay you. We've got a life
19:58
Speaker 5: insurance policy that someone trying to deny payment on. You
20:02
Speaker 5: have a worker's compensation issue or a disability issue. There
20:08
Speaker 5: are dozens of lawyers who do a lot of advertising
20:11
Speaker 5: on television, and I'm not knocking them because that's how
20:15
Speaker 5: they care to budget their their funds, and that's how
20:18
Speaker 5: they care to use their time. But regardless of what
20:22
Speaker 5: choice you make, and I can't tell you anybody wouldn't
20:25
Speaker 5: deign to be arrogant enough to tell somebody ought to,
20:28
Speaker 5: you've got to hire us. But if you can give
20:31
Speaker 5: the Paytent Law Firm a thought, going to go online
20:34
Speaker 5: to Paytent Lawfirm dot com and we can certainly help you.
20:37
Speaker 5: Or if you have another issue, a more mundane but
20:42
Speaker 5: quality of life issue you need some help with a
20:45
Speaker 5: state or help you. We've had a parent who died
20:47
Speaker 5: or a sibling, and you think, how am I going
20:50
Speaker 5: to settle this? We're always there to talk to you,
20:52
Speaker 5: and I like to say that, Well, some people think
20:56
Speaker 5: big is better. We have an office in a small town,
21:03
Speaker 5: but we're not a small time law firm. Tom and
21:05
Speaker 5: I do tremendous amounts of work with a great staff.
21:07
Speaker 5: One of the thing and one of the things we
21:09
Speaker 5: do is we do our own research. And I don't
21:12
Speaker 5: want to go to court. Now you've heard me speak
21:15
Speaker 5: before about the M and M Law firm that is
21:18
Speaker 5: that reports to be the largest personal entry firm in
21:22
Speaker 5: the world. That's because they sign up a thousand lawyers
21:26
Speaker 5: around the country the factor cases to or to act
21:30
Speaker 5: as runners for their principal operation out in Florida. And
21:35
Speaker 5: so they went to Wyoming. Our M and M buddies.
21:39
Speaker 5: The people who would say, don't go see the Peyton
21:41
Speaker 5: law firm who knows this area, who does their own research,
21:45
Speaker 5: sell your claim with us on your telephone. Those people
21:48
Speaker 5: they went out to Wyoming. A local lawyer out there
21:52
Speaker 5: hired them because they get impressed with the commercials. Wanted
21:54
Speaker 5: to see this guy who's spot them. Admitted to practice
21:57
Speaker 5: anywhere and filed a law Suitingainst Walmart and another company
22:02
Speaker 5: over a defected product in federal court and well, emotion
22:09
Speaker 5: arose before they go to trawlers, a thing called emotion
22:11
Speaker 5: and lemonye, which is a motion to the court to
22:13
Speaker 5: maybe restrict or redirect how testimonies presented at a trial.
22:18
Speaker 5: And in response to that motion, the largest law firm
22:22
Speaker 5: in the universe filed a response. They cited nine different
22:26
Speaker 5: cases and supported their position. I know, oh for eight
22:31
Speaker 5: of them. They have now been forced to admit they
22:34
Speaker 5: were AI hallucinations AI hallucinations. And there is a hearing
22:40
Speaker 5: scheduled next week in a federal court in Wyoming to
22:45
Speaker 5: determine who's going to be sanctioned. Now. The lawyer, the
22:48
Speaker 5: local lawyer out there who saw the ads apparently and
22:50
Speaker 5: hired these people and said, hey, wait a minute, oh
22:53
Speaker 5: look look at me. I sent this to the M
22:55
Speaker 5: and m's right, and they never sent it back to
22:59
Speaker 5: me to look over. Or they just file this without
23:01
Speaker 5: my review, even though I represent the plaintiff. That's because
23:04
Speaker 5: they're the biggest in the world, and all of a
23:08
Speaker 5: sudden and behold, well, we would if we'd have looked
23:11
Speaker 5: at this, we could have told them all these cases
23:13
Speaker 5: don't exist. This is not the long Wyoming and that's
23:16
Speaker 5: what you get. So if that's what you want, and
23:20
Speaker 5: I would say that would only be maybe second to
23:22
Speaker 5: believing that a South African pervert immigrant cares about you.
23:26
Speaker 5: The rich has ben then answer an ad on television
23:31
Speaker 5: or on this station. They run ads on this station
23:33
Speaker 5: because they don't like the fact that we talk about them.
23:35
Speaker 5: I think it's probably retaliatory. They don't have any lawyers
23:38
Speaker 5: here that can hold a candle to any of us
23:40
Speaker 5: to tell you the truth, period paragraph. But we're going
23:43
Speaker 5: to see how that shakes out. Now. Then then get
23:46
Speaker 5: this the M and MS. They have to send an email.
23:50
Speaker 5: They don't even know who their lawyers are. They have
23:52
Speaker 5: to send an email of these thousand addresses of their
23:55
Speaker 5: quote retained lawyers say, hey, AYI is really dangerous. You're
24:00
Speaker 5: the ones that did it. You're telling these lawyers AI
24:04
Speaker 5: Hallucinagas are dangerous. But you're the law firm that filed
24:07
Speaker 5: a bogus response to emotion in federal court citing non
24:12
Speaker 5: existent cases. Obviously nobody read them, nobody looked at it.
24:17
Speaker 5: And so again I just can't emphasize how much and
24:22
Speaker 5: there's self interest involved, of course, because I practice here,
24:24
Speaker 5: I've lived here all my life, and I think it's
24:27
Speaker 5: a disservice to the bar in this state for somebody
24:29
Speaker 5: to come in here and say, well, I'm not placensed
24:31
Speaker 5: to practice here, but your case will be handled by
24:33
Speaker 5: a West Virginia lawyer. Well, boohoo, that may or may
24:37
Speaker 5: not be true. That may or may not be true.
24:39
Speaker 5: You know, those ads can't be run in Florida. In
24:42
Speaker 5: Florida by law, if you're going to appear in an
24:45
Speaker 5: ad and pitch law services, you have to be admitted
24:51
Speaker 5: to and have an active practice of law in the
24:53
Speaker 5: state of Florida. Now, why we don't adopt that, I
24:56
Speaker 5: don't know. That's one thing that common sense. Yeah, that
25:00
Speaker 5: makes common sense, maybe because it keeps people from being deceived.
25:04
Speaker 5: People from being deceived who don't who are up against it,
25:09
Speaker 5: they've got problems, they've suffered an injury, maybe they're not
25:13
Speaker 5: attuned to the press, they don't live in our listing areas,
25:17
Speaker 5: they know about us or other.
25:18
Speaker 4: And do you think sometimes people as far as being
25:20
Speaker 4: deceived goes and not meaning that that the presentation is
25:24
Speaker 4: necessarily deceitful. But people don't always understand and I realize
25:27
Speaker 4: this from being in this business. They don't always understand locality.
25:30
Speaker 4: So they hear a commercial on the local station, it's
25:33
Speaker 4: a local it's a local off firm, you know. I
25:35
Speaker 4: mean they don't really know the difference that or whatever
25:39
Speaker 4: it is, you know, they buy cars or who whatever
25:43
Speaker 4: it is. I mean, there's different people that do that
25:44
Speaker 4: on a national level, that represent themselves a lot of
25:48
Speaker 4: times as local. And if you're not dowed into the industry,
25:50
Speaker 4: dowed into how things work or whatever, you could hear
25:52
Speaker 4: commercial be like, oh okay, well that's you know, they
25:55
Speaker 4: sell this in my area. There must be a local
25:57
Speaker 4: business because I heard the commercial well.
25:59
Speaker 5: And there is an element of tacit deception in that regard.
26:05
Speaker 5: Although I will admit that the M and MS do
26:07
Speaker 5: have a little sign on Capitol Street now. It's in
26:10
Speaker 5: about twelve point height. It's a tiny one. It's not
26:13
Speaker 5: nearly as big as a sign on their building in
26:16
Speaker 5: Fort Myers or their building just south of Charleston, South Carolina.
26:19
Speaker 5: I'm sure any of the other buildings here in Florida
26:22
Speaker 5: where they're based, or Georgia. But it is a little
26:24
Speaker 5: signed and I think there are a couple of lawyers
26:26
Speaker 5: in there who are quote retained by the people who
26:30
Speaker 5: are not licensed to practice here who run the ads.
26:32
Speaker 5: So my advice to those who may be listening, if
26:37
Speaker 5: you suffer a loss, look to a West Virginia based
26:45
Speaker 5: actively practicing law firm. It may not be the Peyton
26:48
Speaker 5: Law Firm. It may be another one of the firms
26:52
Speaker 5: that advertises quite heavily on television or radio. But you're
26:57
Speaker 5: going to be better off and have a better experience,
27:03
Speaker 5: in the experience that I have had dealing with clients
27:05
Speaker 5: for over fifty years. If you stay here, period, we
27:12
Speaker 5: understand the dynamic which other people don't. Period paragraph. So
27:19
Speaker 5: that's my little rant on that subject. I saw that.
27:21
Speaker 5: I just happened to see that pop up about Morgan
27:24
Speaker 5: and Morgan I got, well, okay, that's just what you get.
27:27
Speaker 5: You get a bunch of people who are signed up
27:29
Speaker 5: just to do cases in bulk, to get information, to
27:32
Speaker 5: funnel it into a central clearinghouse somewhere down south and
27:35
Speaker 5: have it spit back out, and you just take shortcuts
27:38
Speaker 5: because that's what you're doing. You're trying to take a
27:40
Speaker 5: shortcut to make a little money. And say, you look,
27:43
Speaker 5: use ai hallucination case law to try and support it. Now,
27:46
Speaker 5: what's that going to do? To the client. I think
27:49
Speaker 5: it's funny to laugh about Morgan and Morgan and they're
27:51
Speaker 5: pompous guy strutting around off his private plane. And I'm
27:56
Speaker 5: a poor person, you know, I just believe in Bologna.
27:59
Speaker 5: Don't get me that. So I've seen a dozen of
28:01
Speaker 5: those guys at these big deal conventions for trial lawyers.
28:06
Speaker 5: But what about the client? What about the plot person
28:09
Speaker 5: who was injured, may be killed. I don't know the
28:11
Speaker 5: nature of their injury by burned by a hoverboard that
28:15
Speaker 5: burst into flames. What about them? I mean, they have
28:18
Speaker 5: just now had their case setback, They're now out of
28:20
Speaker 5: court with a judge you doesn't trust their lawyers?
28:23
Speaker 4: Something that really And maybe you can speak at a
28:25
Speaker 4: little bit more authoritatively on this because it's something that
28:29
Speaker 4: I read and I think I understand the history of
28:31
Speaker 4: like amicus briefs at the Supreme Court, and so sure
28:34
Speaker 4: you can present an amicus brief with pretty much any
28:37
Speaker 4: findings that you want to support your position. I think
28:40
Speaker 4: this goes back to like women's suffrage in New York
28:42
Speaker 4: or something like that, if I remember correctly. The problem
28:45
Speaker 4: is in modernity there's these whole think tanks that will
28:48
Speaker 4: foul amicus briefs. Nobody vets the information on these things
28:51
Speaker 4: at all, and then the justices can use them. There's
28:54
Speaker 4: been there's been like Thomas used a bunch of stuff
28:57
Speaker 4: about gun law that was InCor wrecked, like absolutely not correct.
29:02
Speaker 4: The information that he was citing from an amicus brief
29:05
Speaker 4: that wasn't right. How long is it going to be
29:07
Speaker 4: until they're citing AI related stuff that they're just not checking.
29:10
Speaker 5: Well, that's one of the issues. And it's always the
29:13
Speaker 5: budgetary thing. You know, we're short. It's hard to believe,
29:16
Speaker 5: but actually the United States is short right now about
29:19
Speaker 5: eighty five trial court level federal judges. I mean, wow,
29:22
Speaker 5: not necessarily here because the caseload here is not growing,
29:26
Speaker 5: but in other places. I mean, this is a growing, dynamic,
29:29
Speaker 5: really complicated country one and one of the major features
29:33
Speaker 5: of our country to the world at large is the
29:36
Speaker 5: rule of law, the ability to get consistent, stable rulings,
29:39
Speaker 5: and prompt rulings. So if you're short judges, it means
29:43
Speaker 5: you're short on staff. I mean, the courts do not
29:46
Speaker 5: have to allow amicus briefs to be filed. You need
29:49
Speaker 5: to ask the permission of the court to file an
29:51
Speaker 5: amicus brief. Now that may involve vetting of that document
29:56
Speaker 5: by a staff of law clerks. But if they're not there,
29:58
Speaker 5: or if they're over work, or if there's a whole
30:01
Speaker 5: deluge of amicus briefs amicus being friend friend of the court,
30:09
Speaker 5: things get lost and everybody tends to sort of drift
30:14
Speaker 5: to that which is conforms with their mindset, right. I mean,
30:19
Speaker 5: everybody sees things in the light most favorable to himself.
30:22
Speaker 5: I said that about car wrecks. I mean I could
30:24
Speaker 5: rear in somebody out here to stop lighting. At the
30:26
Speaker 5: time I got home as well, they had the tail
30:28
Speaker 5: I didn't work or you know, any numbers what it was.
30:31
Speaker 5: The sun blinded me and that happens. Of course, again,
30:41
Speaker 5: I'm not sure that this shake up is going to
30:44
Speaker 5: affect the judiciary. I don't think it can constitutionally. That is, structurally,
30:50
Speaker 5: under our constitutional setup, Whether the South African immigrant can
30:57
Speaker 5: go over and camp himself out in front of the
30:59
Speaker 5: Supreme Court to come in here and look at your
31:02
Speaker 5: look at your case filings and see your notesment if,
31:05
Speaker 5: I wouldn't think that would happen. But you never know.
31:07
Speaker 4: At this point, it's hard to tell us. Right, everything's happening.
31:10
Speaker 4: An AI algorithm ran on it. So if you were
31:12
Speaker 4: nervous about those things before, welcome to the revolution.
31:15
Speaker 5: We'ch ff to keep in mind. I mean, I'm seventy
31:18
Speaker 5: five years old and I've lived through the U the
31:24
Speaker 5: polio epidemic which crippled to the cripples Wroard and impaired
31:32
Speaker 5: two lawyers who one who's now deceased, Joe Thomas from
31:35
Speaker 5: Saint Albans Denny Vaughan from Saint Albans. I grew up
31:38
Speaker 5: over there, you know, sort of idolized these older lawyers,
31:41
Speaker 5: both of them, Denny still Joe during his lifetime walk
31:45
Speaker 5: with a limp, Charlie Cunningham as a lawyer and said,
31:49
Speaker 5: I was crippled by polio. The Morris Memorial Hospital, which
31:53
Speaker 5: is now being converted into this Phoenician resort down near Milton,
31:57
Speaker 5: was an iron lung center for children who who lost
32:02
Speaker 5: the ability to respiate because of polio. And I can
32:05
Speaker 5: remember how happy my parents were when my sister and
32:08
Speaker 5: I we went over to Fairview Grade School and went
32:10
Speaker 5: in the.
32:10
Speaker 4: Old as yeah, oh yeah, I was the hilltopper, were
32:14
Speaker 4: you yeah, yeah, yeah, and sixth grade and.
32:17
Speaker 5: My dad with a great fair of view, and so
32:19
Speaker 5: did I and my sister, and it ended up as
32:21
Speaker 5: a title one school. It always was. It just changed
32:25
Speaker 5: the brand to get a shot. I didn't want to
32:27
Speaker 5: get a shot, and I probably misbehaved when I got
32:30
Speaker 5: the shot, the polio vaccine, but it did how happy.
32:35
Speaker 5: And my mother was a nurse. She had seen these
32:37
Speaker 5: kids coming in e murgency of the high temperature, aches
32:40
Speaker 5: and pains, headache. They had been playing in the creek,
32:43
Speaker 5: and all of a sudden it was polio, and you
32:45
Speaker 5: just discharge them and they go to a center and
32:49
Speaker 5: hopefully recover and with no more impairment than like Danny
32:52
Speaker 5: or Joe had or Nancy, another lady I represented for years.
32:56
Speaker 5: She actually had a heart problem with evidence itself later
32:59
Speaker 5: in life for late to polyumolitis and people just free.
33:04
Speaker 5: We have too much. We we have so much freedom
33:08
Speaker 5: and so much material material poverty actually because we have
33:14
Speaker 5: emotional prop poverty and spiritual poverty in this country that
33:18
Speaker 5: runs deep. But we have a lot of a lot
33:23
Speaker 5: of stuff, a lot of things, a lot of communication,
33:26
Speaker 5: and it's easy to forget. Well, why do I have
33:30
Speaker 5: this little dime sized scar on my left shoulder? I
33:36
Speaker 5: have that so your child and your grandchild will not
33:40
Speaker 5: run the risk of suffering from smallpox, which was a
33:44
Speaker 5: deadly killer before the smallpox vaccine. The smallpox vaccine came
33:48
Speaker 5: on much earlier, after smallpox had decimated the frontier settlements
33:53
Speaker 5: in the United States and the indigenous people we got.
33:56
Speaker 5: It's been essentially eradicated far from the face of the earth,
34:01
Speaker 5: but it'll come back because it's always there. And why
34:04
Speaker 5: we have chosen this time, I think just because we
34:06
Speaker 5: have too much people forget. Oh well, yeah, but let's
34:09
Speaker 5: talk about freedom. Well, it's not freedom, it's simply a
34:12
Speaker 5: lack of responsibility. I mean citizenship. And we talked last
34:16
Speaker 5: week about birthright. Citizenship is a pact between you and
34:24
Speaker 5: the nation of which you're a citizen. The nation says,
34:27
Speaker 5: we have things to offer through good government, rule of law,
34:32
Speaker 5: protect your freedoms, but your obligation is to be a
34:35
Speaker 5: part of our society as we perceive it to be
34:40
Speaker 5: and to help us defend it if necessary. It's not
34:42
Speaker 5: a one way street. It's not like I can do
34:44
Speaker 5: whatever I want to because I'm an American. No, you
34:47
Speaker 5: can do what you want to, and so far as
34:50
Speaker 5: it's consistent with the whole goal and aims of the country,
34:53
Speaker 5: like we want to be a beacon to the entire world,
34:58
Speaker 5: like Jack Kennedy said, We'll go anywhere, pay any price,
35:00
Speaker 5: bear any burden, and feed children and help build sewer
35:06
Speaker 5: systems and help tamp down sub Saharan African AIDS epidemics
35:10
Speaker 5: because all of that will come back to haunt us
35:13
Speaker 5: if we don't do it, and we're going to find
35:16
Speaker 5: out about that unfortunately. Anyway. So the Peyton Law Firm,
35:22
Speaker 5: getting back to the point the reason why I'm here,
35:24
Speaker 5: it's advertising like M and M's advertised, except we don't
35:29
Speaker 5: advertise on television. We do it on the radio. We
35:31
Speaker 5: do it through public work and community efforts. Our office
35:36
Speaker 5: is at twenty eight oh one First Avenue in Nitro.
35:40
Speaker 5: That's the Peyton Law Firm. It's p. E. Y t
35:42
Speaker 5: O N. We engage in an active practice of injury
35:47
Speaker 5: and insurance litigation people who have been harmed by the
35:51
Speaker 5: negligence or willfulness of a third party. And we also
35:55
Speaker 5: do things that sort of are for the community good.
36:00
Speaker 5: If someone is maybe transferring a small business, or they
36:05
Speaker 5: need some help with an estate, or they've got an
36:07
Speaker 5: issue about well, so and so came on my land
36:10
Speaker 5: and cut my timber. What can I do about that?
36:12
Speaker 5: I can't get a response. I mean, those are the
36:14
Speaker 5: sort of things that you can call us to ask about.
36:16
Speaker 5: And if you come to our office it's at twenty
36:19
Speaker 5: eight oh one First Avenue, you'll be greeted with a
36:21
Speaker 5: smile by Melody Matthews are longtime receptionist, and if Tom
36:27
Speaker 5: or I are there, we'll see you if we're free,
36:29
Speaker 5: and if not, we'll set an appointment. At least get
36:31
Speaker 5: a phone number and we can talk about things over
36:33
Speaker 5: the phone. Or you can go online to Peyton Lawfirm
36:38
Speaker 5: dot com and when you get there, there's an email
36:42
Speaker 5: link that only comes to my desk or my son
36:45
Speaker 5: Tom's desks, and the two of us look at those emails.
36:48
Speaker 5: We can do it any hour of the day or night,
36:50
Speaker 5: and we can communicate between ourselves who's going to answer
36:54
Speaker 5: this one? And if we need more information, we can
36:58
Speaker 5: ask you to send us some more information and then
37:00
Speaker 5: maybe we can follow that up with a telephone conversation
37:03
Speaker 5: and been an office visit if necessary, where we go
37:07
Speaker 5: out of our way to try and explain to people.
37:10
Speaker 5: Here's what litigation involves. Here's where you can get here's
37:13
Speaker 5: what it's going to cost to get there, here's the
37:15
Speaker 5: timeframe you're looking at. And we can also assure them
37:18
Speaker 5: that on these computers over here, we don't buy an
37:23
Speaker 5: expensive AI software program. What we invest in is a
37:28
Speaker 5: legal research program so that we can actually look at
37:31
Speaker 5: and read case law, decide about the courts, and we
37:34
Speaker 5: can know and assure you that your case is not
37:37
Speaker 5: going to be humiliated by using an artificial intelligence hallucination
37:44
Speaker 5: to harm your case and to pay disrespect to the
37:47
Speaker 5: courts of this state. Period.
37:50
Speaker 4: That's a great statement by Harvey Payton, and it couldn't
37:54
Speaker 4: be any more true. You can get ahold of the
37:55
Speaker 4: patent law from online patent law from dot com py
37:58
Speaker 4: in the phone number three's or A four seventy five
37:59
Speaker 4: five fifty five fifty six. Threes are a four seven
38:01
Speaker 4: five five fifty five fifty six. Harvey, either you or
38:04
Speaker 4: Tom will be back next week.
38:05
Speaker 5: I will be back next week. And in the meantime,
38:09
Speaker 5: say a prayer, give your thoughts to the people in
38:12
Speaker 5: southern West virgin in the coalfields. And it's hard to
38:14
Speaker 5: imagine how terrible this is.
38:17
Speaker 4: Terrible, very good that's very true. Have a great day everyone.
38:20
Speaker 4: On five adwhs