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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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
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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
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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
Published by: David A. Bailey on October 5th, 2011 | Filed under Uncategorized
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Ironman Branson 70.3 and Meeting a Legend
Well, I survived! Last Sunday was Ironman 70.3 Branson. It was the race that I had vowed to do no matter what this year. The reason? I had signed up to do it last year but at the last minute decided not to do it. I had a health scare in 2010 that kept me from training, which led to a lot of weight gain and loss of fitness. I knew that Branson would be a tough, hilly course so I made the wise choice to sit it out last year. Even though I knew that sitting it out was the smart choice, it still hurt. I woke up race morning in a funk, knowing that I should have been out there.
So I had a decision to make. Either I could vow to never sign up for that race again or I could sign up and get back into training. I chose the latter and last December started the process of whipping my butt back into shape. It’s been a long and slow process with lots of bumps in the road, but I’m back to doing what I enjoy.
On race morning, I was standing in the long line at the porta-potty just before the race start. I was talking to a nice guy that I had met there, and we were just passing the time talking about triathlon races we had done. He mentioned doing several Ironman races back in the 80s. I asked him when his first Ironman race was, and he said 1978. I knew that was the year that Ironman got its start. Almost in disbelief, I asked him, “You were in Hawaii in 1978?” He replied, “Yes, I won it that year. I was the first Ironman.” He had told me his name earlier, but it didn’t ring a bell with me so I asked him again, “What did you say your name is?” “Gordon Haller,” he replied.
Then it all started coming back to me. I had heard his name on TV and the Internet before. I even remembered a picture I had seen of him that was from 1978. It was definitely him. He even still has the beard. I couldn’t believe that I had been standing there chatting it up with a legend. This unpretentious man was the winner of the very first Ironman triathlon, a feat which had never been done before. What’s more? He still races and is in great shape. Needless to say, I will continue to be inspired by Gordon.
Published by: David A. Bailey on September 20th, 2011 | Filed under Uncategorized
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Bailey Law Firm celebrates 15 years today
Well, it’s hard to believe that it all started 15 years ago today. The day after Labor Day in 1996 is the day that the Bailey Law Firm officially opened its doors. As I wasn’t even in the local phone book then, it was a pretty quiet day as I recall.
Thankfully, the practice has grown quite nicely over the past 15 years. God has blessed me, and I am thankful to Him.
I also wanted to thank all of my past and present clients which have supported me during all these years. I couldn’t have done it without them. I’m inviting the public to my Open House this Thursday, September 8th, from 10:00 to 2:00 to officially celebrate my anniversary as well as my return to practice after a two-year hiatus teaching.
Come join us if you can!
Published by: David A. Bailey on September 6th, 2011 | Filed under Uncategorized
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Ask the Law Professor column debuts
My new column called “Ask the Law Professor” made its debut recently in the Siloam Springs Herald Leader. For anyone who missed it, I’m posting it here.
I began my practice of law in Siloam Springs in September, 1996. In May of 2002, I became the City Prosecutor for Siloam Springs. Also in 2002, I began teaching as an Adjunct Law Professor for the University of Arkansas School of Law. In August 2009, I had the opportunity to teach full-time at the law school as a Visiting Professor. This summer I am completing my term as a full-time law professor and returning to my law firm here in Siloam Springs. Beginning this fall, I will resume teaching law school part-time as an Adjunct Law Professor.
Over the past two years, I have had the opportunity to engage in some scholarly writing, mostly aimed at other attorneys or law students. Now that I’m returning to the real practice of law, I thought it would be good to write a column from time to time to educate the public on things in the law which might be of help or interest.
I decided that because school will be resuming very soon, my first column should address the issue of passing a stopped school (or church) bus. Arkansas Code Annotated §27-51-1004 tells us what to do when we approach a stopped school bus. It says that “when a school bus stops and displays its alternating red warning lights for the purpose of loading or unloading passengers, every operator of a motor vehicle or motorcycle meeting or overtaking the school bus from any direction shall bring the motor vehicle or motorcycle to a complete stop before reaching the school bus.” That means that we as motorists must stop completely when we see a bus stopped for the purpose of loading or unloading passengers. This applies regardless of whether we are approaching the bus from the front or the rear.
The statute also goes on to state that “the operator of the motor vehicle or motorcycle shall not start up or attempt to pass in any direction until the school bus vehicle has finished receiving or discharging its passengers and is in motion again.” This means that we cannot put our vehicles in motion until the flashing lights go out and the bus resumes its motion first.
As the City Prosecutor, I see far too many violations of this law. I know that most, if not all, violators of this law don’t intend to violate it. It’s almost always caused by inattentiveness or other distractions. I myself have almost violated it. However, the law is clear that a person can be guilty of this crime without having any malicious intent. It is what the law refers to as a “strict liability crime” meaning that if you do the act involved, you’re guilty regardless of your intent.
There is one exception to the requirement to stop when you see a stopped school bus. Arkansas Code Annotated §27-51-1005 states that if the bus is stopped on a “multiple lane highway” which is defined as having at least 4 lanes and at least 2 lanes in each direction, and the highway is divided by a parkway or dividing strip at least 20 feet in width, and if the bus is stopped on the other side of the dividing strip, then the driver of the approaching vehicle does not have to stop but must “proceed with due caution for the safety of children.”
The penalty for a violation of this law is pretty serious. Arkansas Code Annotated §27-51-1001 provides for a fine of at least $250 up to $1000 and/or up to 90 days in the county jail. The statute goes on to say that the court can also order up to 400 hours of community service and shall suspended your driver’s license for at least 21 days up to one year.
Owners of motor vehicles should also use caution when letting others drive their cars. The statute says that there is a rebuttable presumption that the registered owner of the vehicle which passed the stopped school bus was the driver at the time the violation occurred.
We must also follow the same rules regarding stopped school buses when we encounter a stopped church bus (Ark. Code Ann. §27-51-1104). I am writing this in hopes that we will all pay more attention and be on the lookout for school and church buses so we can protect our children.
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.
