Latest / Ask the Lawyer / 06/01/2023 - Ask The Lawyer with Harvey Peyton, Peyton Law Firm LLC
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- 0:24Media. Put the power of Payton on the side. We have the courtroom
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- 1:00one oh five eighty see a jest the Voice of Charleston and good Thursday Morning
- 1:03two. I'm Jeff Jenkins with Harvey Peyton and the Peyton Law Firm in Nitro.
- 1:07That means the lines are open. Any questions about the law, give
- 1:11us a call. Three oh four three four five fifty eight fifty eight.
- 1:14Three oh four three four five fifty eight fifty eight. I was out last
- 1:19week, but previous several weeks before that. Tom, your son's been in
- 1:23here during the show. Here, you're during the show today. My reuniting
- 1:27with you if it is indeed, after several weeks last week I had Coop,
- 1:30Well, Tom and we sort of look at our calendars from week to
- 1:34week, and if I have a reason to be in Charleston in the morning,
- 1:41it's much more convenient for me to get here early and go. Tom
- 1:44has a reason to be up here, or neither one of us have a
- 1:47reason to be here. It's like, well, I want to go to
- 1:49the Nautilus today, so I'll get to the radio or Tom's is all.
- 1:53I'll do it because I want to go to the State House or the Federal
- 1:56building. We've adjusted. Actually I saw George George Yeah, George Pelletier.
- 2:04George Pelletier. That's I've met him before. Yeah, he took well,
- 2:07he didn't replace Dale Miller because Dale Miller was irreplaceable. Right, he has
- 2:12assumed the duties or some of the duties that Dale Miller provided to the was
- 2:16it West it's w VRC MEDIAVRC media, sir. Yeah, he's here for
- 2:21the I thought, oh, this is not good. The shadow of the
- 2:23aders here somebody's heads are gonna roll. I don't know. He's here for
- 2:28the baseball tournament. Yeah, he's gonna watch it. Yeah, it's gonna
- 2:30take in the metro news operation of that. Yeah, it should be a
- 2:34fan. It's a fast paced games. They the high school teams, they
- 2:37don't use the fifteen seconds. No, I don't think so. But they're
- 2:39playing on an altar field down, Yeah they are. Which is gonna make
- 2:42a difference. I suppose. I'm assuming that the all turf, it's maintenance
- 2:47expense. It's much less he had to maintain a professional grade. When you
- 2:53have to meet a lot of high standards to have a minor league affiliated major
- 2:58league affiliated base ball club. I always got to trouble, you know,
- 3:01Walt pal Park about the smoothness of the field. And it's an all your
- 3:06job. I mean, that's an all your maintenance. If your grassy be
- 3:08tended every it's like a golf course. If you don't cut the grass,
- 3:13it's not a golf course anymore. If you don't keep the endfield in good
- 3:16shape, and you don't keep the outfield in good shape and level up and
- 3:19your warning tracks, it just loses its zingyah. And I think what it
- 3:23does too is win and if and there won't. I don't think there's gonna
- 3:28be any rain delays. This lake this weekend into the weekend doesn't look like
- 3:31but in the past the baseball tournament, I mean you got to wait for
- 3:35the field to be This would make rain delays much each assume when they put
- 3:39the grass that when they put the turf down on the field, they've got
- 3:43it humped in a particular wasting to squeeze you it end of the drains and
- 3:47get get the water off the service. That's the way they do in the
- 3:51pros. I think most pro stadiums now, even the underweather grass. Yeah,
- 3:54yeah, so gosh, it's good to be here. Came from Nitro
- 3:58this morning and big news in Nitro yesterday it was we finally got the pool
- 4:01opened. The pool well, you know, the Nitro municipal pool was long
- 4:06in need of replacement. Opened in the nineteen sixties to the credit of the
- 4:12city of Nitro. You know, there were very few municipalities that had public
- 4:16swimming pools in the sixties. The city of Saint Albans, where I grew
- 4:19up, had new public swimming pools. They had private swim clubs, and
- 4:25there was no real human cry to build a public swimming pool because gosh,
- 4:31the colored people could go over to Institute and swim if they wanted to,
- 4:34they couldn't swim with white people in a public pool. In Saint Albans,
- 4:39Nitro forge ahead and opened a public pool, which was to their credit in
- 4:45the sixties. I mean, that's one of the black marks on the city
- 4:46of Saint Albans is that there was obvious reason for the isolation of public housing
- 4:51and the refusal to construct a municipal swimming pool with racism and the desired out
- 4:58to isolate the people of color in the Ammandaville area or in the uptam Creek
- 5:02area, and people who couldn't afford to belong to the private swim clubs.
- 5:08We all lived on the west side, so I would walk to Saint Albans
- 5:12and get the bus which left every fifteen minutes, and rout at the institute,
- 5:15go to the pool, or if you had a big day, you'd
- 5:17get the bus up the Route sixty instead of going through Institute and get off
- 5:21and go to Rock Lake. The Rock Lake was a little more expensive than
- 5:25the pool was at Shawnee Park. The old fairgrounds. But you were,
- 5:30you were up in the upper end of the valley. I was Pride had
- 5:32a swimming pool. Yeah, yeah, we had a public swimming pool.
- 5:34And well, I tell you something about Nitro are in there and they got
- 5:39the pickaball ports. I mean, there's there's things happening. I mean there
- 5:45have been over the last several years. There, yeah, there have been
- 5:47and it's yeah, the city administration is to be complimented for that. And
- 5:50of course we've got a hardcore of good citizens down there, businessmen and women
- 5:57that helped make the city run. Saint Albans is in the shadows either.
- 6:00I mean I grew up in Saint Alban's and you know that Saint Albans struggles
- 6:04a little bit with the transition of housing. You know, it's a Saint
- 6:10Alban's always had about three thousand more people in population than than Nitro. But
- 6:16and the problem at Nitro had with transition and housing, say twenty years ago,
- 6:20is now sort of affected Saint Alban's. That is that men and women
- 6:25who had good job who worked at Monsana, they worked at Viscos, Ohio,
- 6:29Apax, maybe worked on the railroad. They would live and they buy
- 6:32a nitro bungalow and remodel it and fix it up, or build a small
- 6:38house up in Valentine Circle or the upper end Capox Street, Canal Avenue.
- 6:43Well, you know, so often happens people age, they die, Usually
- 6:47it's the widow who's left there in the hall. They they hold on until
- 6:54their time comes. Their kids generally live away from here or don't have room
- 6:58for another house. And what often happens is those homes are gobbled up and
- 7:02used as rental properties. And you know if they pass minimum standards their section
- 7:08eight, well that's not a good thing in volume home ownership and pride in
- 7:15your neighborhood and your city is I think it's a big part of you know,
- 7:19what holds us all together, what knits us together as a civilization.
- 7:24And so for a while we saw, you know, a declining housing stock,
- 7:29visibly declining. Now the current administration took that bull by the horns and
- 7:33they got an enforcement officer and started enforcing building foods and standards, which the
- 7:41City of Saint Albans is now doing to you. And there are areas in
- 7:44the city of Saint Alba's up in Ordnance Park which when I was in high
- 7:46school that was like a he's like a baby factory. There were kids everywhere
- 7:51Up in Ordinance Park. It was inexpensive affordable housing handed to the bus lines.
- 7:59Big part of the peace will live there. Worth Carbid carbad had one
- 8:03eight thousand employees and probably fifteen hundred of them lived in Saint Albans. So
- 8:11the city, I think Saint Albans is confronted that they lost their main street
- 8:15identity when the Saint Albans Mall was built overrun some property it was that big
- 8:20area was owned by the railroad. Yeah, at one time, just like
- 8:24city the roadside park in Saint Albans. There's still a reverter clause in that
- 8:28deed that says the railroad gets that back if it's not used as a park.
- 8:33But then now Main Street, old Main plazas that's held their own.
- 8:39There is a business on Old Main Plaza called Chandler floor Covering, and Annie
- 8:46and Patty Chandler have done business in Saint Albans for sixty three years. Think
- 8:50about that, forty six years in the same location floor covering, carpeting,
- 8:54etc. And still active and strong to enny the other days into them and
- 9:00they were saying, oh yeah, they're they're they're tickled with the new activity
- 9:03on Main Street to think the mayors have got things going. My daughter lives
- 9:07and she actually lives in the house that I lived in. My grandmother lived
- 9:11there when I grew up in Saint Alban's and she's pretty excited. Her kids
- 9:16go to the Alban Arts Center and they go over the list of the music
- 9:20on the old main Plaza. So thank you know, things are happening and
- 9:22add into the Valley night Drum are particularly proud of because now we've got If
- 9:26you've been down there lately, you'll be surprised how wide open First Avenue is.
- 9:33We had a terrible old building that but how's the Casto Hardware and Van
- 9:39Buren's which was a high end women's clothing store and auto parts. It was
- 9:46quite viable. Well, those businesses moved. The Castos Rusty's mom and dad,
- 9:50they decided to retire. The store closed. Patty van Buren, she
- 9:56retired, her store closed and the building sort of fell to disrepair and was
- 10:01there for a couple of decades and then Lo and behold, Taco Bell takes
- 10:09an interest. They by the building. The city had purchased the building with
- 10:13the intention of doing the demolition themselves, and Taco Bell appears as we'll demolish
- 10:18it, we'll build you a new store right here, and just changed the
- 10:24whole appearance of First Avenue. So then the next two blocks between that and
- 10:31the Nitro Supermarket, we're the old usual, you know, the ten thousand
- 10:35square foot building with eight parking spaces because it was built in the nineteen twenties
- 10:39and demolished them. And so there's we haven't seen it yet, but the
- 10:43mayor says, and I believe him, that they're getting contacts all constantly about
- 10:48some development on those lots. May even they may end up blocking off a
- 10:52street or two. So they got a lot more frontage, which I know
- 10:56it's going to be. It's going to be assisted by a brand new expanded
- 11:01interstate in Bridge. Oh yeah, that project is coming right along. That's
- 11:05that is one of the incredibly well managed project. Even the there's a little
- 11:13you've got to be careful when you take the Nitro exit. I never take
- 11:16the Nitro exit if i'm going I'm with the old school. I don't want
- 11:20to drive past where i'm going in turn around and come back I get off
- 11:22an institute right because I drive straight to my office. If I get to
- 11:26the Nightry entertains, I'm going to mile past the office and driving back to
- 11:30it. But yeah, that's you've got to wash because the exit is much
- 11:35farther to the east than it was previously. But other than that, I
- 11:41mean, they're moving right along. They've got their hanging the steel on the
- 11:43new bridge that's going to replace the old bridge was demolished. And if they
- 11:48moved with the same dispatch they did on building the old new bridge and all
- 11:52baby will be open next summer. It looks to me like we're going to
- 11:56have, you know, eight lanes so that when you get on in Saint
- 11:58Alban's going eastbound, you do not have to If you're going to Nitro,
- 12:03you don't have to merge right. Same way with Nitro. If you're going
- 12:05across the bridge to the Saint Alban's interchange, you don't have to merge left.
- 12:09You just stay in that lane. Yeah, entrance to exit would be
- 12:11a great thing, life saverer. I mean, there have been a lot
- 12:13a lot of people injured and we had some a couple of fatalities unfortunately on
- 12:20that bridge because of the traffic and because of the congestion there and because of
- 12:22the short entry ramps. You know, there's one accountant here in Charleston.
- 12:28He was severely injured. His wife and a couple of his stepkins were killed
- 12:31in an accent right there at the Saint Alban's interchange. Fog and a short
- 12:35entry ramp put them right out, and then the traffic in front of a
- 12:39truck, right. Yeah, it's terrible. Three or four three four five
- 12:43fifty eight fifty eight. Three h four three four five fifty eight fifty eight.
- 12:46Harvey Payton's here with the Payton Law Firm in nighter. We're gonna take
- 12:50our break and Harvey's gonna tell us about Hey, Harvey's been in this profession
- 12:54for a long time, but he's continually to be educated at CLS Sinduing Legal.
- 13:00So we're gonna talk about that in a moment. Lines you're open three
- 13:03or four three four five fifty eight fifty eight back in a moment on five
- 13:05eighty doble Uh. If you've been hurting a car, Rex, stop worrying
- 13:09about your car, stop worrying about your medical bills, and stop worrying about
- 13:13your lost wages. Just call Peyton Law Firm right now and we'll fight to
- 13:16stop your car wreck worries. I'm Tom Peyton, and if a careless driver
- 13:20hurt you, it's our job to hold their insurance company responsible. Calls today
- 13:24at seven five fifty five fifty six or visit Peyton Law Firm dot com.
- 13:33On the side. A child who cannot read becomes an adult who struggles for
- 13:41success. That's why the West Virginia Department of Education has launched Ready Read Write
- 13:46West Virginia to improve literacy for all children. This initiative uses the science of
- 13:52reading to help students succeed. Teachers cannot do this alone. Families, communities,
- 13:58and organizations all have important roles to play. Learn how you can get
- 14:01involved at Ready Read Write wv dot com brought to you by City National Bank,
- 14:09where our no down payment mortgage gets you one step closer to getting into
- 14:13your dream home. For a convenient location near you, log onto banqat City
- 14:18dot com. Put the power of baby on the side. We have the
- 14:24courtroom experience of such you need. We never give up. We're prepared to
- 14:31fight for your rights. When you need action. Count on us. Put
- 14:39the power up Bason on your side. The power of Bason eight thirty five
- 14:50on five, Baby wcaj as divorcee of Charleston, asked the expert and our
- 14:54expert every Thursday morning. Now for me, who only it's a quarter of
- 14:58a century. We're right there right, twenty five years pretty closed. Next
- 15:01year we'll mark the quarter century mark. Next year we'll actually mark the half
- 15:07century mark. For me. That's May the twenty eighth, nineteen seventy four.
- 15:11It was the Tuesday after Memorial Day in nineteen seventy four. I was
- 15:16admitted to practice in West Virginia at that time. And it shows you how
- 15:20far the profession has come, and all for the better. I might add,
- 15:24thought that the profession was in the tank. It wasn't. There were
- 15:30any number of excellent lawyers providing services legal services all across the state. Most
- 15:37of them trained at either one of two schools, WVU or there was a
- 15:41contingency that went to Washington Lee University down in Lexington, Virginia. And not
- 15:46surprisedly, we had some Harvard grads, you know, sprinkling of those folks
- 15:50who could afford it. We're smart enough. There was probably a dozen or
- 15:56two dozen Harvard long graduates here and Unington, in Charleston and in Mingo County.
- 16:02Zane gray Staker was a hard regret. So, but in order to
- 16:07be admitted to practice law, you had to maintain a CEA average in law
- 16:11school. So we had what was called the diploma privilege. If you attended
- 16:15West Virginia University, what you did and you graduated in good standing, which
- 16:22meant you had a c averager better than you were, then you met graduation
- 16:29ceremonies. Commencement ceremonies were the second week in May, and you went down
- 16:33to Charleston the next week. We came down here and went up to the
- 16:37Supreme Court Chambers on Mass and John Hoblitzel, who at that time I think
- 16:41was part of the Young Lawyer's Division of the State Bar, got up and
- 16:45just no individual isabos say, I woo the admission of the class. That
- 16:52there were ninety of us or ninety six of us. And so you lined
- 16:56up, and Tom Tender was there and gave a little talk about the State
- 16:59Bar, and you got a little bit and you got a license. You
- 17:03got it there, it was signed by the Supreme Court justices. I said
- 17:07you were a JD. A. Doctor jurisprudence, and you went out and
- 17:10you could victimize the world that had been the rules from the inception. Well,
- 17:21it was a good thing to a degree because it gave the lawyer.
- 17:27It was sort of a post World War two things. Your job is to
- 17:30get yourself educated and get out in the world and start making a living and
- 17:34raising a family and providing a service. And you know, by receiving your
- 17:41diploma in early May and your license to practice in late May, you therefore
- 17:45had a six month advantage over someone who had to wait and take the bar
- 17:48exam. Now, students at WU who graduated but with less than a SEE
- 17:52average could practice law if they had to pass the bar. And you know
- 18:00during the whole time that the diploma privilege was the prevailing rule in West Virginia.
- 18:06The passage rate for w graduates when they went to Pennsylvania or Ohio or
- 18:11Kentucky or over into DC and took bar exams, because that's where it was
- 18:15on par with every other a school in the area. It wasn't as if
- 18:18the education was inferior. Exipinitely gave us a lag up. The guys from
- 18:23Worceston Lee always thought it was unfair because Worston Lee is a much higher esteemed
- 18:29law school. Whether they deserve it or not, I can't comment because I
- 18:33didn't go there. They had to wait around take a bar. Well.
- 18:36By the mid eighties, early nineteen eighties, the Supreme Court had changed,
- 18:41National sentiments had changed. There were only about three states in the Union that
- 18:44still had this exclusionary diploma privilege. And so we then adopted the bar exam,
- 18:51which now you know, the bar exam is held in guns in the
- 18:53summer. It gets your grades. And these kids that passed the bar admitted
- 18:57in October. The passage rate and I thinks about seventy percent. You can
- 19:02take it as many as three times without any refresher. I think after the
- 19:07third try you have to wait a year before you can take the bar exam
- 19:10again, and you may have to do some refresher. Well. Then about
- 19:14the same time in the eighties, it was really controversial in the existing bar.
- 19:18The leadership of the state bar said, you know, we need to
- 19:22make sure people stay up to date. Times are changing and things are changing.
- 19:26We've adopted these rules of civil procedure that are essentially new. The federal
- 19:30courts have adopted new rules. The supreme courts all around the country are handing
- 19:34down decisions that are doing away with things like sovereign immunity and familiar immunity,
- 19:40and arbitration is becoming a thing, and so we're going to have mandatory continuing
- 19:47legal education. Well that was voted on, i believe twice by the entire
- 19:49membership of the state bar and rejected. There was a lot of resistance from
- 19:56the establishments. Say, look, I've got a license now and I don't
- 19:59have to do any thing. I don't have to spend any money going to
- 20:03these meetings and hearing people talk, and I know what all I need to
- 20:06know. Yadda, YadA YadA. All the reasons that he resists change well
- 20:10eventually passed, and now everyone who has an active license and practices his law
- 20:18he had to have twenty four hours of continuing legal education every two years.
- 20:23It's on a rotating cycle. There are reporting years like next year's and even
- 20:27numbers, so it's a reporting year and the rule is I think it's about
- 20:33six or seven of those hours have to be on topics of ethics and office
- 20:38practice and or which is pretty good. You know, it keeps people up
- 20:41to date. Particularly in the computer age. For instance, today, the
- 20:45Western Trial Lawyers Association, which is now called the West Virginia Association for Justice,
- 20:51we're having our annual meeting at the Embassy Suites here in Charleston. I'm
- 20:55going there as soon as I finished today, and some part of the topics
- 20:59are well. I think Justice Haley Bunn is going to be there this afternoon
- 21:03to bring us up to date on the Supreme Court changes and e filing.
- 21:07There's going to be a big session on e filing to make sure we kind
- 21:10of get up to speed because now we've got e filing everywhere the Supreme Court
- 21:14has e filing. The rumor is Canawa County's gonna have e filing. There'll
- 21:18be the last county to implement that, and I guess that maybe that's a
- 21:22plan. It's a tougher nut to crack. I'm often sort of tongue in
- 21:29cheet critical of the Canaw County system that we've resisted e filing for so long.
- 21:34But in fairness to Clark Gatson, who's quite competent, and all the
- 21:41folks that who work there, they're quite competent, quite busy. It's a
- 21:45Canaw County is a difficult circuit. You've got a lot of administrative procedures.
- 21:48It's a capital city, it's the most populous county in the state. You've
- 21:52got ten magistrates or eleven, so you've got appeals. There have probably eight
- 22:00municipal courts that are active. They got appeals for those courts, so it's
- 22:04you know, it's a bigger job to get that going e filing and say
- 22:08it was in Putnam County where we've got a nice population about sixty five thousand,
- 22:14really competent clerk's office. But the workload for two judges, you know,
- 22:19one family court judge, three magistrates. It's just different. And we
- 22:25hope that guy is implemented same because it's a huge help. It's a huge
- 22:27savings to clients. I tell you I went yesterday, Harvey, and I'll
- 22:30just share this. Yesterday's my my wife Jackie's wedding anniversary thirty seven years yesterday.
- 22:38Congratulation than you heard that, yes to her. I OutKick my coverage
- 22:44very much on that and very blessed. But I was yesterday because you've talked
- 22:48about this, and I was sad how easy it is. I was trying
- 22:51to go back and find my marriage license right in Montague County, right because
- 22:56I got married to Montague, got married in Morgantown, so I just didn't
- 22:59elect you know, electric filing search in Montingay County. It showed me the
- 23:03marriage license although it had not been copied, but it showed me where it
- 23:07was in the deed book online. I mean, very easy. And then
- 23:10you know, we bought it. We lived in Morgantown for years, so
- 23:11we bought a house there and that was all copy, that was all there.
- 23:15I actually saw the deed that I signed. I saw everything that I
- 23:18had signed. Kind of cool. I mean it took it took me less
- 23:21than five minutes, right had I had occasion, probably three weeks ago,
- 23:25helping someone about a piece of property in Greenboroer County and the question about some
- 23:29indexing. Well I can set up my desk and talk to them on the
- 23:32phone, and the initial interview and just look at it here it is.
- 23:36Yeah, people call us questions about the states, and some folks from down
- 23:40to Mingo County with a pretty sizable a state issue, and ma'am, you
- 23:44know there there are the records of Mingo County that we can look at.
- 23:47Now, some of those records like marriage licenses and death certificates, you may
- 23:52be able to only see the page because there is on those old documents there
- 23:56is identifying information, a date of birth and a social yea that you have
- 24:00to go to the clerk's office in person, pay a five dollars cash fee
- 24:04and get a copy. And you have to be either a party to the
- 24:07transaction, a family member or a representative of the deceed or a party to
- 24:14the marriage or you have to take a letter. Like if I want to
- 24:17get a death certificate for that is relevant to a case that I have,
- 24:21I type a letter to the clerk and say, you know, dear clerk,
- 24:26I am so and so I represent and we need a copy of the
- 24:29steps dethertificate because and closes five dollars and you get them. So yeah,
- 24:33that could be that. Even in Mond County when you couldn't see the marriage
- 24:37license, it just gave you a book on pages because it's not available online.
- 24:41Because I'll tell you they're there every second, every minute, every nano
- 24:45second of the day. People trolling online, be careful, be careful,
- 24:51John que public what you put online now secure sites and secure payment sites.
- 24:59I have a lot of cam confidence in your PayPal and that escape and others.
- 25:03But you know you have to You just have to watch like a hawk
- 25:07these emails, anything that comes from the IRS, or supposed it comes from
- 25:12the Social Security Administration or now the latest thing is, hey, you're we
- 25:18regret to inform you that your Netflix account has been placed on hold because we
- 25:22cannot verify your billy information. Please kick the click this link. They are
- 25:26there looking every second for some chink in the little crack in the security cybersecurity
- 25:34space, and if they find it, you can have a whole lot of
- 25:37problems. I mean, I was frauded on my Social security. That's why
- 25:41I started to draw mine. I was I was going to wait till late
- 25:44seventy. Well, I have a friend because I've done a lot of Social
- 25:47Security work and the SO Security office down here in Charleston, and she just
- 25:52sent me a letter. On the letter please call me at this number.
- 25:56So it's a strange. I thought it was a scam. So I call
- 25:59it said on no, it's not a scam. Where we did you apply
- 26:02for your old age pension? I now, well I didn't think so,
- 26:06because you know, I've looked here and at that time I was approaching the
- 26:10age sixty nine. I was really lucky, you know, I had several
- 26:14years that I did really well, so I would get the back's benefit,
- 26:18which is, you know, it's not insignificant. Someone had accessed through some
- 26:25staff to my dub in social and submitted an online applicant. It came forwardseas
- 26:30came from Africa, right. They eventually determined that said we just had to
- 26:36freeze your account. And then we got to talking and she said, you
- 26:38know, why are you waiting so well because my benefital go up And said,
- 26:42well, let me just work that out. For your benefital will go
- 26:45up by X number of dollars. But if you I didn't know this,
- 26:48he said, if you do apply, you get six months back pay.
- 26:56So it was September. Went over the same security office in Saint Alban's maybe
- 27:00application. I said, you know, they said on that's oh yeah,
- 27:03you'll get and they showed me the number and I thought, oh wow,
- 27:07said you can't make that up. You can't live long enough to make up
- 27:11the difference. But maybe you can. But it's rare. I mean,
- 27:15it's all actual warial. And that was on a Thursday and Saturday I got
- 27:18to notice from the Putnam Cuddy bag there's this wire transfer. But you just
- 27:22have to be so cautious. We don't even take social security numbers anymore.
- 27:27We may take xxxx last four and put them in our attorney's notes with respect
- 27:34to clients, and we blought them out on medical records because I mean,
- 27:42we think we're secure. We have an IT person, and but you never
- 27:48know. Somebody cracks in there and the next thing you know, you've got
- 27:51a one hundred and fifty or two hundred clients who've got personal information out there.
- 27:53And that's why we have to ensure ourselves against security breaches. We actually
- 27:59carry a lot of live of the insurance to protect us our firm in case
- 28:03we're breached and someone's injured by a the security breach. Yeah, side of
- 28:10the cl you get twenty four hours you report. It's voluntary self reporting.
- 28:17Some people criticize that anyone else you gonna have, mean your lawyers. You
- 28:19should be able to tell the truth about when you pay your taxes based upon
- 28:23self reporting, right, and the fear of prison keeps you paying. And
- 28:30you know on the two year cycle, and you can carry over some hours
- 28:33like same years I would do when I was like president of the Bar Association,
- 28:38attend all their functions because sort of you know, if you're the president
- 28:42or you're on the board, you really should attend the functions. And at
- 28:45the same time, I've always tried to go to the trial lawyer functions just
- 28:49for the camaraderie and you learn things. So always had a way more hours
- 28:53than I needed. I don't I don't write now because I think and I'm
- 29:00going to keep my license active, I know, until the next year,
- 29:03because if you get to the State Bar annual meeting, you get a certificate,
- 29:07right, that's what you get for fifty years a half. So well,
- 29:10first of all, the provis you gonna live that long. That's what
- 29:12a Mileston I mean, it's it's fifty years. But you know, of
- 29:17course, last this time last year, I didn't think of be any problem.
- 29:22And then in August and I'm an up up here in a intensive care
- 29:27at c AMC with bleeding to death with a dissecting a order. Now it's
- 29:33better now, but you know, we may or may not link that the
- 29:37Mountain of football, but well, it kept me out of the stadium for
- 29:41about three games. My prediction is going to come out early this year.
- 29:45I think it's hey, they got some game tis some night. Here's an
- 29:48interesting stat in Harvey's with us, and the lines are open three or four,
- 29:52three four, five fifty eight fifty eight three or four or three four
- 29:56or five fifty fifty eight in questions about the law, and he got any
- 29:57legal issue, Call Harvey right now, three or four, three fifty.
- 30:03But the seven thirty game that Westernton will play against Pitt will be the first
- 30:08night game, true night game at home under Neil Brown. I mean those
- 30:14things used to be commonplace. Yeah, that's that's surprising. I hadn't thought
- 30:18about that. And you know we have a really good record at home at
- 30:21night. Yeah. Well, I remember dreams as clear as a bell because
- 30:26cart Goodwin's dad, Steve, was still alive at the time, and it
- 30:29was a Thursday night game against Virginia Tech and we were I don't know what
- 30:33the deal was, but I was invited up to the whatever Geese house is
- 30:37called Blaney House. Blaney House. Yeah, they have us a little much
- 30:40much munch before the game, take a bust out. Eryl Bones good One
- 30:44was with me, So we were sitting outside the foundation box in the open
- 30:48air about the middle of the third quarter. He said, Marvey, did
- 30:52you just smacked me as I said, smacked me as hard as you can
- 30:55because I can't believe this. Yeah, I mean they were an overwhelming favorite.
- 30:59We beat the dogs, not out the back of that day. I
- 31:02think thirty four to fourteen. Yeah, Rod, right, Yeah, it's
- 31:04Rich Rode and who I would take back tomorrow. Let me say this,
- 31:10he made the biggest well, he says, the biggest mistake he ever made,
- 31:12rich as is going to Michigan. Said the rich the biggest mistake you
- 31:15ever made was not going to Alabama. He could have been down there right
- 31:19now where brother Saban is. Now. I'm not saying Rich Rodriguez is the
- 31:23caliber coach at Nick Saban, but yeah, that was a huge feather in
- 31:29the Mountaineer's captain, the crazy thing. And a friend of mine has a
- 31:33big house up here in Quarry Creek, and they called around and said come
- 31:36on up. This was like in February or March. Said, you know,
- 31:40Ralph, you're not calling me out of goodness your heart. He said,
- 31:41yeah, you gotta bring some money because we gotta try and keep this
- 31:45guy. Well, he's crying. Rich Rod just crying and I love it
- 31:48here. Why can't we do this? And I was singing the mount you
- 31:51know, singing country roads, and everybody's was shoving these checks and well and
- 31:56he turned then he turns down the job. I think you guys were waiting
- 31:59outside the locker room up in Morgantow when he talked of the team. You
- 32:01hear them all cheering. You know, five months lay aries out like I
- 32:06smoked through the key's damage your trust. But we'll see. I mean,
- 32:13it's the problem with that after honestly is it's it takes not a bit of
- 32:21consideration of the fans, you know, tbds to be announced, to be
- 32:24determined times for gamesis how can you play? And the hotels in Morgantown,
- 32:30unlike some other places, rip your sideways with the mandatory two nights stay.
- 32:35I saw like a posting yesterday when that pick game time came out, there
- 32:38was already a posting of what a hotel was in Morgantown. Oh yeah,
- 32:42oh it's it's it's upward seven hundred dollars or something. Yeah. You can
- 32:46go to euro Suites, which is a nice hotel and they have licensely on
- 32:52Friday night they have a little get together for the fans and hot dogs and
- 32:55stuff, mandatory two nights over six hundred bucks. I'm night. Now,
- 33:00you know people who only absorb that so long. It is one of the
- 33:07poorest states in the Union, and hard working people are almost factored out of
- 33:14the ability to get a seat on the lower level of the colis the ndacy
- 33:16of basketball game. You got to fork over like eighty bucks on a ticket
- 33:21service because you can't buy there are no there are no lower level seats available
- 33:25other than a student section. I mean, I've been a donor for decades
- 33:30and we finally you know, I've got two lower level seats and sex one
- 33:35sixteen and two floor level seats. But you know, you have to just
- 33:38get into the lottery and go on line and pick your seats together. And
- 33:42you think there are no other seats available, So somebody gets in their car
- 33:47down in blue Field, they draft Morgantown to sit at the very tippy top
- 33:52of the coliseum. Now it's still a good seat, because it's a great
- 33:54arena about It's just I don't know how long that can last. Yeah,
- 33:59And it's a tremendous problem with college athletics and college attendance we've seen with WVU,
- 34:05although it seems like the law schools in a pretty good shape. The
- 34:07law school, I don't know about the new dean. The law school at
- 34:09West Virginia University when I went there was run by mostly conservative, old white
- 34:17guys. Trank Cleckley was there, who was a ray of sunlight to teaching,
- 34:23Harvard guy teaching evidence, and Johnny Fisher, who was later the dean,
- 34:28teaching real property. Londo Brown, who was married to devil Aance Hatfield's
- 34:31daughter taught property and wills and trusts. Had Henry Collins teaching tax, Wimo
- 34:37Morris and try mean. These guys knew what they would do as professional,
- 34:42professional law professors, and they had been there for decades and they made no
- 34:45bones about it. Our job is to train lawyers. Because you've got this
- 34:50diploma privilege. You've got to be ready to get the concepts to be earned
- 34:53to think like a lawyer and solve problems the day you walk out the door.
- 34:59And we didn't have any foreign service obligations or esoteric topics like sustainability and
- 35:07d ei what you have now. It was just grinded out and learned to
- 35:13be a lawyer and beat some creativity out of you know, to my class,
- 35:17we had I guess our shining star with John Chambers. Chambers has gone
- 35:23as far as I think anybody else ever has from whus the president CEO of
- 35:28Cisco Corps. We founded at Cisco Corporation. It's a really great gay is
- 35:31a good guy. Undergraduate in law school, Quiet sat in the back row
- 35:36right beside me and we worked crossword investment. You can get the Daily Mail.
- 35:38The Statehouse edition of the Daily Mail got to Morgantown all about noon.
- 35:45Say it's campered out to the book exchange. Get the Daily Mail, and
- 35:50if you had an afternoon class, the crossword was pretty good. You had
- 35:52in the morning, you get the Gazette. Well, nobody once read the
- 35:55Morgantown paper. If you were from the valley at that time, you get
- 35:59the hard copy. The Mountain edition came out first thing in the morning,
- 36:02and the State House edition came out in the afternoon. Well, so you're
- 36:06going to continue an education today? We are, Yeah, and that today
- 36:12and tomorrow. It's a two day affair with as they have a little dinner
- 36:15of this evening because they elect, we elect new officers and people get to
- 36:20give up the gavel and hear a little speech. It's a really good organization.
- 36:25It's a voluntary bar. There are the defense trial counsel is the counterpart
- 36:31of the trial lawyers, but representing banks and insurance companies, a bunch of
- 36:37really great guys. We're all litigators, so everybody understands each other. I
- 36:39mean, it's this idea that there's a lot of animosity between trial lawyers and
- 36:45defense counsel. It's just not true. It's not that you're peeling around.
- 36:47It's not to just sell out your clients. It's just that you respect.
- 36:51You know how hard to work at it. I mean it's hard work.
- 36:53It's stressful, and you know it keeps you up at night a couple of
- 37:00three o'clock in the morning think about a case. And so if you know
- 37:01how that works, you respect your opposition. And if you don't, you're
- 37:06going to get in trouble because you'll slip up. You'll think you're the most
- 37:08important, smartest lawyer in the world. And when you start thinking that,
- 37:12you're about ready to take a big tumble. Now we've got a minute left.
- 37:15We've been through that at the Payton Law Firm because in fifty years,
- 37:17I've won cases that I thought, man, I'll never get a dime out
- 37:22of this case, and like ready to Trappano told me once, and you're
- 37:24not a very good lawyer to tell you to lose the perfect case. And
- 37:28I've done that too. But we I've been doing it almost fifty years.
- 37:34Tom's been at twenty plus. And we take great pride and individual service to
- 37:39our clients. If you hire us to help you with an injury claim or
- 37:45some harm you've suffered, you get a lawyer, you get our perillegal,
- 37:49you've got twenty four access to us through email and personal service. The fact
- 37:55that you can walk in and see your lawyer any day answered, that's what
- 38:00we pride ourselves, man and exact. We often think things are kind of
- 38:04quirky that other lawyers, that's too much trump. Well it's easy, everybody,
- 38:09all right. That's the Peyton Law Firm or Nitro Peyton Law Firm dot
- 38:13com in three or four seven, five, five fifty five fifty six,
- 38:15that's five six. I'll hey, all right, hard we have a good
- 38:19day, all right. ABC News is next. This is five eight WCHS
- 38:22the Voice of Charleston five ad w C h s A F ninety six point
- 38:35five AM Charleston one h four point five Cross Lane by w b RC Media
- 38:37Station. We are proud to live here, to