Merry Christmas to All
I just wanted to take a minute on this Christmas Eve to say “Thank You” to all of my clients this year who have trusted me with their lives by allowing me to handle their cases. It is a tremendous responsibility, but I appreciate the trust you have all placed in me. I pray that God will give me the wisdom necessary to effectively handle your case.
Recently, I had a client tell me “Thank you for caring.” He explained to me that, in his opinion, not all lawyers do. Sadly, I think he is right. Don’t get me wrong, the majority of my colleagues do, but there are some that don’t. Rest assured that I do care about each and every one of my clients. No lawyer can predict the outcome of every case, but we can all care.
Merry Christmas to all of you, and I hope that you will all take the time to remember that Jesus Christ is the “reason for the season.”
Published by: David A. Bailey on December 24th, 2012 | Filed under Uncategorized
2 Comments »
Hope to See You All at Gravette Days on August 11th
You may be wondering why I have 30 cases of bottled water in my office right now. With 100+ degree temperatures for the past couple of months, can you blame me?
Seriously though, I am going to give out bottles of water at Gravette Days on August 11th. Gravette Days runs from August 9th – 11th. For a complete listing of events, go to www.gravettearkansas.com.
My lovely wife and I will have a booth set up where we will be handing out brochures telling people more about Bailey Law Firm, P.A. and giving folks the opportunity to get to know me on a more personal level.
I am also excited to announce that we’ll be having a drawing for some GREAT PRIZES including some very valuable legal services! Our part kicks off around 10:00 that morning. I hope to see many of you there.
Published by: David A. Bailey on August 1st, 2012 | Filed under Uncategorized
Comment now »
Meet the Future of Bailey Law Firm
I’m proud to announce that on April 5, 2012, my nephew William Atticus Bailey was born! His proud parents are my brother John and his wife Johnna of Atlanta, Georgia.
John and Johnna are both licensed attorneys in Arkansas and Georgia although, at this time, neither are practicing law. John is a HIPAA expert and Johnna has her hands full at the moment with Atticus.
I had the opportunity to meet my nephew for the first time over the Memorial Day weekend, and as you can see from the picture I am quite proud. Notice that he already has good taste in apparel with his Bailey Law Firm logo embroidered onesie. 
Published by: David A. Bailey on June 5th, 2012 | Filed under Uncategorized
Comment now »
Herald Leader Reader’s Choice Award
Last month, Bailey Law Firm was honored by being voted 2012 Best Law Firm according to the Herald Leader Reader’s Choice Survey. I can’t tell you how honored and humbled I felt when I got the call that I had won.
First and foremost, I give thanks to God for this honor. Without Him, I would have nothing. Second, I would like to thank all of the wonderful people who have entrusted their cases to me over the past 15 plus years. I truly appreciate the trust my clients have in me, and I will never do anything to lose their trust.
In celebration of this award, and as a way of saying “Thank you” to my past, present, and future clients, I am giving away some really cool, eco-friendly bags. Carla and I try to remember to use them at places like Wal-Mart to avoid having to use so many plastic bags. They also come in handy for toting things around in general. These bags are quite large, and I’m proud to offer them free of charge to the public.
All you have to do to claim one of these bags is come by the office, say you read this post, and ask for one. There is no purchase necessary. I do have a one bag per person limit though, and supplies are limited. Once there gone, they’re gone. So, don’t wait. Come in today and claim your eco-friendly tote bag.
Again, thank you all for this honor.
Published by: David A. Bailey on March 29th, 2012 | Filed under Uncategorized
Comment now »
FaceBook and the Law
It’s hard to deny that Facebook and the other social networking sites have had a profound impact on the world. The ability to keep up with old high school friends and relatives who live far away is merely part of the allure of social networking. Many businesses are actively marketing their products and services via Facebook and the like. Some have even predicted that yellow page advertising will one day be a thing of the past.
As with other forms of technology, the benefits of social networking sites should be balanced with the risks that come with them. For example, I recently learned that pictures you post on your Facebook page contain data that can be interpreted to tell someone where you took the picture. That may or may not be a big deal to you. However, if you have children it might give information to child predators that could be used to locate your child. Scary stuff.
Adults who use Facebook sometimes need protection as well, usually from themselves. For some reason, many people will post things on their Facebook page or Twitter account that might come back to haunt them in the future. For example, police and prosecutors across the nation are getting valuable evidence to use in the prosecution of criminal defendants. It’s not entirely clear whether law enforcement is required to have probable cause and obtain a warrant before getting the information from your Facebook page. The issue under a Fourth Amendment analysis is whether a person has a reasonable expectation of privacy in what they put on their Facebook page. Legal scholars are hotly debating this topic every day. Some scholars argue that under the Third Party Doctrine you have no reasonable expectation of privacy. The Third Party Doctrine basically states that if you give information to a third party, then you have no reasonable expectation of privacy. Their argument is that you are effectively giving the information to the people at Facebook because they have the ability to view even “private” messages you send to your friends. Other legal scholars argue that the Third Party Doctrine should not defeat your reasonable expectation of privacy because you are merely communicating through Facebook, much like using a telephone. Since it is unclear how a court might rule on this issue, criminal defendants should be extremely cautious about what they put on Facebook.
Even non-criminals need to be careful about what they put on Facebook. Civil litigation lawyers (like me) are having a field day with what we can get on social networking sites to help our clients (and use against the other side). For example, people involved in personal injury cases are often cross-examined in court with pictures taken from their Facebook showing them engaging in sports and other physical activities which they claim they cannot do anymore due to the accident. Parents involved in custody battles are being impeached with photos of partying and other embarrassing behavior. A Connecticut judge recently ordered a divorcing couple to exchange passwords to their social networking and dating sites. I can only imagine the wealth of information that the lawyers will obtain once they have the passwords for the other side in their hands. This is a trend that is likely to continue, in my opinion.
I’m not a psychologist, so I don’t have an explanation as to why people seem to lose their good-judgment filter when it comes to posting on social networking sites; however, it is abundantly clear that they do. The best legal advice any lawyer can give you is to be extremely careful what you post. Ask yourself: “Would I be embarrassed if my preacher saw this post or this picture?” That would be a good place to start. Of course, if you’re involved in a personal injury case, you might also want to leave out the pictures of you water skiing with your church youth group as well. 
If you have a legal question that you’d like to see me write about in this column, I invite you to submit it to me via my website www.baileylawfirmpa.com Click on the “Ask the lawyer” tab and fill out the form.
Published by: David A. Bailey on February 26th, 2012 | Filed under Uncategorized
Comment now »
October Baby – A Must-See Movie
My wife and I had the opportunity last night to see a prescreening of this movie. It’s a story about a 19 year old girl who finds out that she was adopted. She also learns that her birthmother tried to abort her, but the procedure failed and miraculously she survived.
She then embarks on a journey to find her birthmother in an attempt to find out who she really is and to get closure. It’s a wonderful movie about the beauty of live, love, and God’s forgiveness.
The movie opens nationwide on March 23rd. It will no doubt cause a stir due to its subject matter. I anticipate that some people will have a knee-jerk reaction and boycott (if not picket) the movie without ever seeing it. They will likely argue that it’s just “another Pro Life movie that bashes women who have to make a hard choice.” Having seen the movie myself, let me tell you that such a description could not be farther from the truth.
This movie handles a very sensitive subject in a very careful, loving way. I don’t believe that anyone who actually watches it with an open mind could be offended. The story does reveal a harsh reality that sometimes there are survivors of abortions, a reality that most people haven’t even heard of. However, it also deals with forgiveness and putting one’s past mistakes behind them.
Finally, the movie is a good testimony to the power of adoption. Having had many adoption clients in my career, I especially enjoyed this aspect of the movie.
Check out the website at www.octoberbabymovie.net. Watch the movie when it comes out on March 23rd and make your OWN decision about it.
Published by: David A. Bailey on February 1st, 2012 | Filed under Uncategorized
1 Comment »
My Fitness Pal – A FREE App that really works??
I recently found out about a free app called My Fitness Pal. It is basically a fun and easy way to keep track of your daily calorie intake as well as your daily exercises.
As many of you know, I’m doing a full-Ironman triathlon this May in St. George, Utah. I have heard that St. George is one of the hardest Ironman courses in the world due to all of the hills on the bike and run. So, naturally I want to drop my holiday weight and lean up the best that I can.
I began using this app a little over a week ago, and I’ve already lost 7 lbs. Several of my family and friends are using it as well, and they’ve all lost weight. Here’s how it works: You set up your profile with your basic info, height, weight, how active is your job, etc. It will then ask you how many lbs per week you want to lose. The max allowed is 2 lbs per week (but most lose more than that, at least initially). A word of advice, be honest when you answer how active is your job, otherwise it might give you too many calories per day which will defeat your weight loss goals.
It will calculate how may calories per day you are allowed to eat in order to obtain your weight loss goal. You simply input everything that goes into your mouth during the day, along with any exercise you do. It does the rest, and the weight comes off. Of course, that is based on the assumption that you are staying within your suggested calorie intake numbers on a regular basis.
One of the reasons it’s so simple to use is its enormous database of foods (over a million, I think) you can look up to find out the nutrition information. It also has a scanner feature which allows you to scan and look up any food with a bar code on the package.
Another feature which makes it very effective is that you can add friends who are following the program, and it will keep you all informed of each other’s progress. It’s much like a FaceBook interface in that you can message each other for encouragement as well as following each other’s progress in the automatic posts it puts in for you each day. Nothing like a little friendly accountability to keep you on track, eh?
As with any other weight loss product, you have to use it correctly and faithfully for it to work. If you “forget” to input what you’re actually eating, or lie about the portion size, it will not work for you. For those who want to use it but don’t have a smartphone. You can also do the same thing via their webstite: www.myfitnesspal.com
Give it a try, and let me know how it’s working for you. After all, it’s FREE. You have nothing to lose in trying it (except the weight).
Published by: David A. Bailey on January 24th, 2012 | Filed under Uncategorized
4 Comments »
Arsenic in your fruit juice?
I saw on the Today show this morning a segment warning people about arsenic in grape and apple juice. Although they didn’t mention any brands by name (fear of a defamation suit, I suppose), they did hint that it was “major brands.”
Apparently Dr. Oz hired a lab to do some research a few months ago, and they found higher than expected levels of arsenic in commercially prepared grape and apple juice. The segment said that Dr. Oz took a little heat for it. Now Consumer Reports has also done research on the issue and found the same results. That is, inorganic arsenic, a known carcinogen was present in higher levels than the law allows for drinking water.
The FDA, however, says we shouldn’t worry though because anything lower than 23 parts per billion is okay in juices. However, in drinking water, the level must be lower than 10 parts per billion. Why the difference in “tolerable” levels, you ask? The FDA says that it is because people drink less juice than water. Could it also be that the FDA is getting money from the juice industry?
My suggestion to all of you is to stop buying juice from the store and start making it yourself. About a year ago, I bought the Jack LaLanne Power Juicer for $100. The apple juice I make is WAY better than store bought. The juice I make is not as clear looking as what you get in the store, but that’s a good thing. The reason why the juice in the store is clear is because it is pasteurized. That kills off most of the vitamins and good stuff in the juice. Not to mention that my apple juice tastes way better.
Do yourself and your family a favor and invest in a juicer and start juicing your own fruits and vegetables (preferably organic). Or, you can trust the FDA to protect you when it tells you that a little bit of arsenic is okay in your juice.
Published by: David A. Bailey on November 30th, 2011 | Filed under Uncategorized
1 Comment »
Are corporations evil?
Yesterday I had the opportunity to speak to the Small Business Alliance of the Siloam Springs Chamber of Commerce on the topic of “Incorporating: Benefits and Disadvantages.” Since it was Halloween, I couldn’t resist the urge to pose the question, “Are corporations evil?”
We decided that corporations are like any other instrument or tool. They are no better or worse than the people who own and operate them.
We then discussed what corporations are and how they operate. I shared with the group the main two reasons people incorporate their business: limiting their personal liability for their business debts and liabilities and tax savings. I shared with the group some important exceptions to the liability and tax issues.
We also discussed the pros and cons for trying to form your own corporation. I openly told the group that they could do it themselves by going to the Arkansas Secretary of State website and forming it online. However, I strongly advised against it. Why? Because there is so much more to properly forming and organizing a corporation than merely filing the Articles of Incorporation online. That is merely the starting place.
In my opinion, no business should attempt to incorporate without having a good CPA on their team and a good attorney who knows this area of the law. Tax laws change all the time, and there are too may legal pitfalls for the unwary.
Yesterday afternoon, my law office handed out candy and toys to the approximately 3000 children that visited us for the annual downtown Trick or Treat. We look forward to it every year. This year, my wife Carla and I went as a Cowboy and Saloon Girl. Who says we’re too old to dress up for Halloween?
Published by: David A. Bailey on November 1st, 2011 | Filed under Uncategorized
Comment now »
Does being on You Tube make me a celebrity?
As many of you know, I enjoy teaching not only law students but other lawyers as well by doing Continuing Legal Education (CLE) presentations. Later this month, I’ll be in Little Rock speaking to a group of lawyers at the Bridging the Gap CLE which is designed, primarily, to help new lawyers bridge the gap between law school and real practice.
This year, the Arkansas Bar Association asked me if I’d film a short “commercial” of sorts that they could post on You Tube to spread the word about BTG. I have to be honest, I felt a bit weird doing it, but I agreed. You see, I’m used to talking to small or even large groups of people, but just staring into a camera and talking is not what I’m used to. I’m not sure how my friend Neile Jones over at KNWA does it.
Anyway, so here it is. My first ever video on You Tube. Hopefully, it doesn’t look too dorky! Click this link if you want to check it out. BaileyCommericial
