Rock Stars: A Hotbed of Illegal Activity

motley_crue_-_1989_dr_feelgoodI just put the finishing touches on my latest Continuing Legal Education (CLE) presentation for the Arkansas Bar Association. It’s called “Rock Stars:  A Hotbed of Illegal Activity” and will be held in Little Rock on April 11th.

This is the “sequel” to the CLE I did last year involving country music stars.  It was such a huge success, that I was asked to do this follow-up.  Essentially, the way it works is this:  I show a rock music video to the audience of lawyers and we identify and discuss all of the legal issues presented in the video.  It’s a fun way to sharpen our legal analysis skills.

As always, I learned a few new things myself while preparing this CLE presentation.  For any lawyer out there who dreads going to CLE, you definitely need to come check this one out.  Just go to the Arkansas Bar Association’s website and sign up from there.  Who says you can’t have fun while you learn?

Published by: David A. Bailey on March 27th, 2014 | Filed under Uncategorized
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Power of Attorney – What is it?

e0_d__0_PowerOfAttorney Besides being a 1995 crime drama, what exactly is a “power of attorney”?  Essentially, it is a document that gives someone else authority to act on your behalf.  It can be very broad and allow the person to do any legal act that you can do, or it can be limited to a one-time transaction (such as the closing on a real estate deal).

Probably the most important thing to consider when drafting a POA is choosing your agent (also called “attorney-in-fact” and not to be confused with an actual attorney-at-law or lawyer) very carefully.  You are legally bound by the actions of your agent when a third party relies upon the document in good faith.  For example, if your POA document is broad enough to allow your agent to borrow money from the bank in your name and he or she does so and then absconds with the money to another country, you are likely stuck paying the money back to the bank.  Of course, you can sue your agent for breach of his or her fiduciary duty (assuming you can get service on them in the Caribbean or wherever they are), but it might not do you much good.

Powers of Attorney are generally revocable at your option (assuming that you are still alive and legally competent) by simply giving written notice to your agent of your decision to revoke the POA.  However, you should also give notice of the revocation to any person or entity that you know or suspect your agent has dealings with so that they will not rely on the POA in the future.  Otherwise, they might rely on the revoked POA in good faith and you might still be bound as in the previous example with the bank.

Much more can be said about powers of attorney.  Keep checking back here for more articles to come!

Published by: David A. Bailey on October 5th, 2013 | Filed under Uncategorized
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BLF returns to Gravette Day 2013

Mark your calendars for Saturday, August 10, 2013.  Bailey Law Firm is proud to announce that it will be handing out FREE ice-cold bottles of water again this year at Gravette Day.

When I looked at my website recently, I realized that I haven’t posted anything new in about 7 months.  I knew I was busy, but WOW.  I will definitely try to make more time for scholarly legal articles and things of interest in the near future.

One of the reasons that I have been so busy since December, 2012, is that I became City Attorney for Gravette.  I still have my private practice of law serving Northwest Arkansas and Eastern Oklahoma, and I am still the City Prosecutor for Siloam Springs.  Now I have added another job to my list.  That probably explains my absence of posting on my web site.  Not making excuses, mind you.  Just stating the facts.

All that being said, I do have some ideas on things I want to write about and post here.  So keep checking back.  Come by and see us at Gravette Day and let me put a cold bottle of water in your hand.

Published by: David A. Bailey on July 31st, 2013 | Filed under Uncategorized
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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
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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
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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
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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
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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
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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
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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
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