Latest / Ask the Lawyer / 03-14-24 Ask the Lawyer with Harvey Peyton

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03-14-24 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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morning. It's eight twenty four and this is five you HS, the Voice
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of Charleston. I'm Jeff Jenkins, glad to be with you on this Thursday
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morning, and it's time for Harvey Payton to the Peyton Law Firm in Nitro
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and the number to call three oh four three four five fifty eight fifty eight.
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Three oh four three four five fifty eight fifty eight. I'm located here
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in downtown Charleston, but Harvey Payton is out of town, but he is
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on the phone, and let's say good morning to Harvey. Okay, good
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morning, Yeah, how are you, sir, Bob? Quite well?
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Actually I am in Florida this morning. Tom's son, Easton, my oldest
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grandson, is on spring break, and so as we speak, I think
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Tom and his wife and Houston are at Disney World standing in line, I
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suspect, and I'm going to meet them this evening. And then tomorrow there's
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a young man from then on the Hurricane area, Brian Hawk, who's quite
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an accomplished aster golfer in West Virginia and decided to continue his life work as
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a fishing guide in lakes here in the Zero Beach area. So we're going
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to try that for a couple of days, just to celebrate Houston's spring break,
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and then we'll be back in town on Sunday. But I'm happy to
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be here. I'm sorry I'm not in town today though. Last week I
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left the studio there and went down to the Civic Center to see the NCRO
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women's high school basketball team went a very nice semifinal round in the state tournament.
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And so today at eleven am, I'll be tuning in on the streaming
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on the CHS Live to watch Nipro's men play Shady Spring in the semi finals.
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It's the paraphrase great an ingredient. It's a great day to be a
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Naconian wherever you may be. Right, that's right, that's right. The
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girls won the championship on Saturday. Bring another y did indeed, and everybody's
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smiling except the case you was apparently put upon by some of the fans who
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or or parents of the players. Who is social media is a blessing and
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a curse. And you know when your email and Facebook, I guess lights
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up with select parents who are upset that their child didn't dress or perhaps playing
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up in a game, it makes you wonder if if the profession is worth
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it. Well, well, it's just that comes with the territories. There's
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it's always been the same. They were, always will be, and there
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always have been folks who are upset because you can't please everybody in any enterprise,
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including the law business. But social media just makes it much easier and
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more convenient to spread your displeasure. And unfortunately, with the anonymity that comes
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with a lot of social media, it can become quite ugly. Quite ugly.
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But so what about the law, Well, the Supreme Court was at
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Herbert Hoover High School? Correct? Was that yesterday? Wendy before? Yeah,
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they're there yesterday. Heard yeah. I think kids from Hoover, Roan,
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and Clay were all there. Yeah. I read the account online.
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It's that Dwayne Ruggier. They was one of the attorneys. Dwayne is with
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Poland Fowler Planning and one of the Charleston downtown firms. Very nice fella,
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he's He's an inspiration to a lot of people. He's been suffered from a
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fairly severe case of multiple sclerosis most of his adult life and has overcome his
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disability learned to deal with it quite nicely, which is one of the really
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great things about change in the legal profession in the fifty years since I graduated
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from law school. You know, we had well, we had a conservative
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faculty. And while everyone was told that there were no way for professors to
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identify any given student because everything was by a number, I think that was
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a fiction, honestly, because folks with disability, or people of color and
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women were quite regularly targeted. It's just I mean, I can tell you
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that Margaret Workman was just unmercifully fermented by one professor in class and questioned unfairly
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and almost and ridicule in a fashion that would have would have made Bob Huggins
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blush, right, And that's a big accomplishment. So it's all changed in
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the last fifty years and all for the better, I would say. But
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the legislature has now gone. So what we want do for a couple of
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weeks, what was or was not done that may affect John Q Public from
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the legal standpoint. You know, we saw a lot about all transgenders and
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pistols in kindergarten, and yeah, these sort of vaccines and timeless and social
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issues. But there are things that are the new fly under the radar that
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are good. You know, we've amended the our of attorney statutes several times.
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We instituted the transfer on death deeds here about eight nine years ago.
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The matner in which the states are handled was simple five. So but those
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aren't things you read about or see about until you you know, the springtime
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US when the bar associations generally have their annual meeting, the voluntary bar and
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the mandatory state bar meeting is coming up here in just a few weeks.
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The Western Bar Association has their annual meeting later in the summer of the Association
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of Justice and Defense Drial Counsel. And then that's when you actually see because
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we have staff, you know, you take a look at the bills that
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have passed and you can see what is in the hopper that's on its way
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to the Governor's desk and may actually help or hurt consumers or litigators, all
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the people who are interested in property and transactions. Right, right, right,
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Harvey Payton is with us Peyton Law. Former night you are three O
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four three four five fifty fifty eight threeho four three four five fifty eight fifty
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eight three oh four three four five fifty I know, Harvey, several times
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we've touched on the various lawsuits involving the former president, and there's well,
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I'm trying to think now which one's in the hopper now, I guess the
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one in Georgia is still going, is that right? Yeah? Well,
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yesterday in Georgia, the trial judge dismissed, oh gosh, what about thirteen
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accounts of the standing indictment? Again, I may have my numbers transposed in
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my mind. It was either thirteen counts against six of the defendants, or
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six counts against thirteen of the defendants. Once you get to the number ninety,
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you know, when you talk about counts in the criminal indictment, it's
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difficult to follow. But I mean, this guy's pretty well respected. I
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think the trial judge down there in Georgia, and it's a state Rico case,
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Rico r ico and acronym for racket toing, racketeering, influence criminal organizations.
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His reasoning is, I understand, it was that the dismiscounts did not
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contain sufficient facts or allegations to define what the underlying crime would be. Rico.
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I mean, you have to combine together as a group to commit or
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try to commit some crime, some identifiable crime. And I think his reasoning
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was, well, the language of the indictment was so broad that could be
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one of any number of duties under the Georgia state constitution, which I understand
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is quite complex. And therefore he dismissed as they didn't dismiss the indictment and
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made that quite clear. But there are emotions spending to dismiss that invitment.
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This is the election pampering kid. Hey Harvey, can we take a call.
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Can we take a call? Sure, we get okay, yeah,
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okay, okay. We got Harvey on the phone, and we've got Richard
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from Dunbar on the phone, and Richard, you're on with Harvey. Go
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ahead, Hey, hello heart Richard. Well, yes, a while since
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I spoke to you. We've got a problem. My neighbors in Dunbar.
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Take Charleston to that nail and it's been almost a week since we got a
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paper. And we call and they say that we'll have the manager deliver the
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paper to you. And they're refusing to deliver the paper. They say they'll
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give us a credit for it. And what they do, they don't give
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you a credit. They just extend the time period the things do up a
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day or two, whatever it is. Even if you happen to miss a
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higher price weekend paper, they don't give you credit for that. And I
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just want to same thing we can do about that besides this cancel of subscription.
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Well, I would you know, as I understand what you're saying,
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as it pays on actual credit to you for what you've paid is a subscription,
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they will extend your subscription at the paper for a period of time equivalent
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of what they judge the value of the miss editions. Is that correct?
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That's correct? And it really really that's just a snap who because uh,
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things just go on and you know, you know, you don't really get
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an extensive but here you're still paying the full amount, sure, and not
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receiving the newspaper. Correct And well, I think the first place to uh,
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paul would be the Consumer Protection Division of the Attorney General's Office. I
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did that. I get some kind of a it's not even in state,
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somewhere else and they said, really sent me some forms. I don't know
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what this far. Now, I'm waiting to get the papers. Now,
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Well, once you get the papers, once you give me a call at
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the office and I'll go over with you what we need to put down there.
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I mean, that's a shame to hear that about the Attorney General's Office
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because starting back, you know, a couple of decades ago, when McGraw
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was in the Attorney General's Office, before that, when Chauncey Browning was there,
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Roger Tompkins, the Consumer Protection Division was pretty well staffed and it was
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quite prompt and actually generally contact from the division was enough to get a questionable
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practice stopped. Now, this is a different age, a different era,
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but I had not heard that yet that there was any sort of out of
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state contractor handling complaints. But it's one of those situations where you know,
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we've had to look at the contract under the subscription. It's h D Media,
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which is based in Huntington. Now we may have their printing plant in
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Charleston. I guess they still have some datorial staff and reporters based in Charleston.
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But no, no, let me think about that. If there's so
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many little pressure and it doesn't seem fair, you don't get what you're paying
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for, and so we're just going to give you some more of what we
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didn't give you before, and we'll call it even. Plus, the fact
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is they say that the manager will bring you your paper that he doesn't and
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if you don't get it at nine o'clock, you say, sorry, we
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don't deliver after nine o'clock. So you know you don't have any recourse at
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all. Well, I think that's the level of catch twenty two, right,
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you don't get it to you, about we'll deliver it thee about that
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if we don't get it to you, our rule says we don't have to,
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and you don't have to. We're not going to charge you any more
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money, but we're going to give you an extension of the I mean while
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thanks give you a renewed subscription at a reduced rate, as opposed to just
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say, well, extend it for a few days. It doesn't sound fair
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and it doesn't sound reasonable. And generally, when things don't sound fair and
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reasonable, there's something we can do about them. Okay, But I just
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have to go that with some thought. When you get those papers, yeah,
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I'm going to charge anything. Just give me a call. Rich at
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the Allays wants you get this paper some consumer protection. Let's just brain dress
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a little bit of their brain storm a little bit. How's that? That's
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fun? Thank you appreciate it. Hi man, thanks for calling all right,
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Richard, thanks for the call. However, we're going to take our
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one and only break right here. Harvey Payton, he can take your call.
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He's on location, but we can still take your call. Three oh
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four three four five fifty eight fifty eight. Harvey Payton, with a paytent
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law firm in Nitro, is with us as he is every Thursday morning for
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nearly a quarter of a decade. How about that three h fourth three quarter
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of a century, not quarter of a decade, quarter of a century.
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Yeah, I got that right. Three oh four three four five fifty eight
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fifty eight. Three oh four three four five fifty eight fifty eight lines are
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opening questions for Harvey will take those. It's eight thirty eight and this is
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five eighty double uchs injured physically or financially, when the bills file up and
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the insurance company refuses to pay, you need an experienced team on your side.
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At Peyton Law Firm, you get knowledgeable, common sense advice and aggressive
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pat on your side, the power of BAU. It's a forty oh five
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any if what you see just the Charleston. I'm Jeff Jenkins with you this
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morning with Harvey Payton and the Paint Law Firm in Nitro. Three oh four
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three four five fifty eight fifty eight is number to call. Three oh four
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three four five fifty eight fifty eight and Harvey, I want to give a
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little testimonial if that's okay, sure, okay, all right, So someone
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I know had a tragic situation that happened in his life, and the people
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that he had a contract with, say a mortgage with that and his house
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burned down right, and the in the mortgage company, even though they had
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received the payment, continued to the payoff but from the insurance to continue to
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hassle him about where his payment was and even though they had been sent to
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payment and continued to hassle him and hassle him. And he went to the
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paytent law firm and was able to get relief. And so that's just some
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of the things. I mean, that's just some of the things to do.
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It was it was clear now by the mortgage company and and you know,
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and it was it was taken care of. Well. I appreciate that,
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Jeff. You know, Uh, That's generally what we do at the
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Papal Law firm and have done for almost fifty years, is what's called torte
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p rke tort litigation and the eyes of the law. That's not just a
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lot of accident, not just a truck accident or a railroad worker injured on
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the job. It can also be a wrong done negligently in an economic sense,
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damage to property damage, to finances, a lot of disputes with insurance
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carriers, and you'd be surprised a lot of disputes with mortgage companies. So
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you know, when we talk about the papal law firm, from the standpoint
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we represent people at sea level. I mean our bread and butter is and
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always has and because it's the most frequent way people are seriously injured. It's
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an automobile accidents or at work, or by virtue of being denied some entitlement
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through disability. But there are other things that are involved in representing plainness people
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who have been injured aside from those areas of the law. And the problem
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with I see with a lot of advertisers, particularly national advertisers who claim to
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be the biggest and the best in the world, is that if your problem
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doesn't involve a relatively straightforward accident injury case that can largely be handled by telephone
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and internet, they're not going to help you. They don't have We do,
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and we do it all the time. I mean, you'd be stunned
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to know that one of the commonest things that have ons is a mortgage company
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will foreclothes on the wrong piece of property, or will take possession of the
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wrong piece of property after a foreclosure sale because they rely on internet contractors to
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do title examinations and then they don't care. They're layered up through Texas and
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Arizona mostly it's where these people are based, and it takes a lawyer to
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get to the bottom of it and get some people from relief. So you
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know, again, I always say I'm not presumptuous enough to tell anybody who
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you should hire as a lawyer, whether you want to hire somebody who runs
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ads admittedly or not done by a lawyer who's licensed to practice in the state.
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It stuns me why anyone would then call that number, or some big
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major advertiser that's got millions of dollars of budget. You can do that and
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you'll get what you pay for. But if you would think about the Table
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law firm and come and see us and let us talk about your problems,
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your issues, if you've had somebody hurt really badly or having forbid you've lost
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a loved one. I mean, the proof was in the pudding. You
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can see what Tom did up in Morgantown here about four years ago when we
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had a pig hit an insurance company and a drunken driver that killed a beautiful
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young woman from Charleston. Then they won't make that mistake again because when you
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write this kind of checks, it sobers up the carriers. Just think about
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us. Come and see us and micors sit out and talk to either me
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or Tom. Probably Tom meet our staff and you know if you like what
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you see, and we're going to get just as good a representation right here
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at home in West Virginia as anywhere else as anywhere else. And I'm not
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wrapping other people, other fellow members of the bar in West Virginia. You
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advertise it works for them, obviously they are They're smart people. They wouldn't
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keep doing it things. Tom and I we'd like to be pretty selective and
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individualistic in how we handle cases. And we've talked about things like television.
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But then the advertise to take in more business than you can effectively handle,
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or do you advertise yourself into having to grow to a size where you don't
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want to be right And we just made a decision. I did. One
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time I had five lawyers working for me, thirteen people on a staff.
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Tom going out of law school, and we look around to do I want
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to do this. I'm not doing what I like to do. I'm not
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going to court, cross examining people. I'm running a business. Well it's
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still a business, but we just decided to be where we are and we
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do a really really good job, and we do it in a non partisan
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nature. We don't make judgments about anybody. The most important case any person
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has is the case they have. So just give us a track and get
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on light at Peyton Law Firm dot com or you can call us at three
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or four seven, five five fifty five fifty six, or you can stop
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by the office. That don't make sense makes sense to me, you know,
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because hire lawyers. You can see if you can look at and you
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can touch and shake hands with it. And wait, we want to do
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business with somebody over the internet. But that's just my take on I'm you
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know, come May. I was in practicing law for fifty years. It
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hardly seems like it seems like only yesterday I was sitting in the back of
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one of those classes rooms and the old what's now the Colston Hall and the
25:02
downtown campus, beside John Chambers doing the daily mail edition of the Crossford Puzzle.
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Because it was a boring class. Now, of course I'm still here
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in chambers as one of the richest men in the world. But I guess
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that talent always rises to the top. I suppose. Well, yeah,
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that is the testimonial, you know. Yeah, we don't have a lot
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of dissatisfied class. Now I'm not saying we don't have any, because nobody
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can make everyone happy in it. If honesty is the best policy, you
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just have to tell people that you don't have a case, or you don't
25:38
have the kind of case you think you have. And sometimes that judgment on
25:42
our part may be wrong. They make us somewhere else and be quite successful.
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But I don't think they have too many dissatisfied customers. Well, I
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mean that's what you are. Yeah, yeah, I mean, Harvey,
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that's what you guys do. I mean, for the regular resident to try
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to navigate something like that or wrong on their own, I mean, they
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just don't get it, you know, it's it's almost you can't do it
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well. They won't pay attention to you. They being the people who did
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you wrong, not the amorphous day, not something floating out there. But
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if it's a mortgage company or an insurance company that sold you insurance and now
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won't pay you, or if it's an insurance company that represents somebody who hurt
26:26
you or your family and now they're saying, well, you know you didn't
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have to miss more than three days work because we have a graph here that
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says that's all you should miss, and we're not going to pay you for
26:37
the two weeks. If that's the kind of treatment you're getting, they're not
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going to pay attention to you. You got to have somebody to speak for
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you, and that's that's our job, to speak for the people who can't
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speak for themselves and speak truth to the face of power. We're the Ken
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Kendricks of legal all right, just go back to the lines. However,
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we've got pat In tays Valley wants to talk to you. Pat In tays
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Valley, Hello, I've got an issue. I'm going an issue with a
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life insurance company. They lost the beneficiary designation for the person that died and
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we haven't been able to put a finger yet on a copy of that beneficiary
27:26
designation. But they are wanting to split the payment between a son and a
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step son. What is the legal criteria on making that determination? Well,
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A lot of it depends on the terms of the policy. Most life insurance
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policies provide that if there is no beneficiary designation, which is what they're saying
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is they say they can't find it, so there is no or a designated
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beneficiary is deceased and now alternate was named, they'll write the check to the
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estate of the deceased person and the then the preceeds of the policy will pass.
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However, that the the state passes, which wouldn't really wouldn't in through
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the stepchild if the person died without a will, the step children don't inherit
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through the nonparent. But if there was a willing place and it directed that
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the states to be divided between a child and stepchild, then that could take
28:38
place. I don't know what the rational basis would be for offerings that divide
28:48
the proceeds in that manner, nor do I know. That's a little more
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facts about this loss of the beneficiary designation an ant state Twice. I've seen
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that happen where a company bungled a beneficiary designation and ended up paying the proceeds
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twice. We'd have to look the policy. We have to look at the
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beneficiary designations. Some of them provide that the as opposed to the estate,
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that the policy would be paid according to the laws of intestate succession, and
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that of course would exclude step children. So generally it's the duty of the
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company to distribute the policies as a matter of prescribed byle We actually have some
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statues in West Virginia to deal with how insurance policies would be distributed. But
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if you know, if you can give me a copy of the policy or
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copies of whatever course moodit should go, we'd never charge for taking a look
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at those and seeing what kind of advice we can give you. But that
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that does seem like to me a novel proposal for distributing insurance proceeds out of
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the ordinary. I would say, I know that's not an absolute answer,
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but that's the best I give you that looking at the documents. How's that?
30:04
Okay, thank you very much? Okay, Pat, Yeah, just
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drop by the office. Sit right there on the main the Dragon Nitro and
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right there on first Avenue. You'll see the Painton Law Firm. Yeah.
30:15
Yes, one of the great things. I'm sorry you'll probably get. Are
30:19
we getting an echo? Because you sound good? You sound good. Well.
30:23
One of the great things about not necessarily social media, but the Internet.
30:32
Uh, the Internet has accelerated the ability to practice law and serve the
30:38
public exponentially, and the proliferation of personal devices. I mean, a person
30:47
who wants a document to be reviewed can take a picture of it on their
30:52
cell phone, a good clear photograph, and send it the push Share and
31:02
send it to our email address, and it comes to only the Peyton Lawfirm
31:04
dot com comes to only me or Tom, and we look at it and
31:08
put a message with it. So a lot of folks, I would say
31:12
probably sixty percent are better of the times when I need a document from a
31:18
client, I'm able to call or email them and they can send it back
31:23
to me within minutes, and that really really helps. I'll tell you that.
31:30
The proliferation of online records and wish Knawa County. I mean, if
31:34
you can talk to your there's all who comes on there next, Dave Dave
31:40
Allen, I mean next time he gets the county commissioner went all county on,
31:44
why do you not have your property records? Online? Property records have
31:48
a whole lot more to do than just searching the title to buy a house.
31:52
There are disputes about wills, They are disputes about insurance policies. There
31:56
are disputes about the manner of which property is used. There are disputes about
32:04
somebody who may be stealing from an mistake. That those questions can be initially
32:09
looked into by looking at the documents. I can sit on the telephone with
32:14
the client and on my computer screen look at the documents we're talking about.
32:19
But for whatever reason, I suspect it's expense. I understand that. But
32:27
I would urge the Kanaw County Commission to move forward as quickly as possible,
32:31
the County Clerk to get those records available online. They're already available in the
32:38
computer because you can do down to the County Clerk's office in person and look
32:43
at the computer screen. It's just not accessible online that I know of,
32:47
right in other counties, and other counties have done so. Oh yeah,
32:52
well you can sure well Putnam, Lincoln, Logan, Able, Wayne,
33:00
Greenbrier, But on us Monroe. I mean, those are just the ones
33:05
that I have looked at. I mean, people will call and ask,
33:07
you know, if somebody has a relative who may have voted interest with them
33:10
in the most recent one was a very nice camp in Monroe County, beautiful
33:16
little county down there right around Union, the Second Creek area. But they
33:22
died down to Kentucky, and so it cleared the title to this property in
33:25
West Virginia. You've got to get certain documents from Kentucky and be able to
33:31
record them in Union. But I was able to go online from my desk
33:37
and look and see just exactly what was on record in Monroe County. But
33:42
if I want to see what's on record in Kanak County, I've got to
33:44
shit to my car and drive to Charleston. Well, somebody has to pay
33:47
for that. I mean, I can't do it for nothing. So yeah,
33:52
I mean that's just a huge, huge difference. And it's the ability
33:54
to share information. And we seldom I write a lot of SOY to other
34:00
lawyers, but you know, you sell them mail them now unless it's required.
34:06
You write a letter in the original, sign it, scan the original
34:10
as a PDF and I'm not sure, I don't know what that means,
34:14
some sort of file, and then send it as an attachment. Boom,
34:20
there it is the original, and scan the original or in my file and
34:23
then my computer file. But there's you don't have to wait two or three
34:28
days for the post office. Now that's not fair to the post office,
34:30
I guess, but that's modern times. Yeah exactly, exactly, yep,
34:36
so that certainly is an option. Pat Yeah, the first one that Harvey
34:39
mentioned. Just take a nice clear picture of it and then share with the
34:44
Peyton Lawfirm dot com email. Yeah, yeah, exactly. Okay, Harvey,
34:49
we got about a minute and a half here, uh, Peyton Lawfirm
34:52
dot com. How to contact you, guys, Well you can. You
34:55
can certainly stop by the office at twenty eight to one First Avenue in Naper,
35:00
which by this time next week will be the town that holds both the
35:02
men and women's high school basketball championships. Let me add there you go,
35:08
or send us an email through our website at Peyton Law Firm dot com,
35:15
or the old fashioned ways, pick up the telephone and call three or four
35:20
seven five five, five five six. We do have an eight hundred number,
35:25
but you know, now, with the advent of cell phones and the
35:29
complete absence of long distance charges, we never use it much. Okay,
35:35
you you are a Canadian fisherman. I wanted to give you a holler.
35:38
Can you fish in Florida. Will you be able to be successful? Oh
35:43
listen, I'll need the pack. The old master's coming. I think these
35:46
big masters they're quaking in their little fins right now, their sucking air through
35:52
their gills. They know I'm on the way. The shadow is falling heavily
35:55
across the lakes here in Vero Beach area. So by the time I get
36:01
back, I might be a sports illustrating maybe field the street do that.
36:07
I might be the basketball coach. Seven. We're gonna have to start a
36:09
pool now to see. You got a list of names out start taking back
36:15
and see who's gonna get the head coats and jobs is going to be buying
36:17
them? Or the afflats and state guy, or they got Florida Atlantic,
36:22
or it's gonna be somebody completely moving. Be a fellow from out at Drake
36:24
you never it's gonna be exciting to see you never know. All right,
36:29
Harvey, you have a good fishing day and then we'll see we see you
36:31
next great guys. Okay, see you next week. Thank you, Thank
36:35
you all right, Harve Harvey Payton at the Peyton Law Firm in Nitro and
36:38
the number to call there at the local law firms three oh four seven five
36:42
five five five five six, three oh four seven five five fifty five fifty
36:46
six. Or has Harvey Matte mentioned Peytonlawfirm dot com or stopped by the office
36:51
there in Nitro. All right, stay tuned, ABC News on the way
36:53
next carry Who to Second with the local news update and Dave Allen with five
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eighty Live. This is five eighty double you cchs the voice of Charles five
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med w c HS A MTY six point five. That's in Charles T one
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oh four point five Cross Lane on WVRC Media station. We're proud to live
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here too.