Catch "The Fine Print: We're Calling B.S."

Listen to our show live every other Saturday at www.blogtalkradio.com/thefineprint. Next show is October 12, 2013 at 6pm! Also, take a listen to the archive shows. Like us on Facebook and/or follow us on Twitter @TheFinePrintBS. Comment, share your thoughts and show ideas, or raise your own outrageous objection!

Thursday, December 19, 2013

BAD BLOGS: WHATCHA GONNA DO IF NO ONE COMES TO YOU?

Hello Fine Printers!

Your host, Bryan Babcock, has graciously shared an article he's written for the Georgia Bar Journal. You can find the article by clicking on the following link: Click Here. While the journal article is shortened to fit the space requirements, Bryan has allowed us to post the lengthier article as originally written. We hope you enjoy. Congratulations to our host on his first published article! There will be many more to come. Be sure to come back in 2014 for a full launch of all the new things we have planned for The Fine Print. Our parent company, Babcock Brodnex LLC, has made many strides to advance our show, and next year will be our best season yet. Stay tuned, and always remember to read the fine print ... because that's where you'll find "B.S."

BAD BLOGS: WHATCHA GONNA DO IF NO ONE COMES TO YOU?
by Bryan O. Babcock

It is no secret that blogs are now a widely-accepted business development tool, with many law firms creating a blog to generate more traffic to their websites. “Blawging,” as it is sometimes referred, can be a much more informal and creative form of legal writing. That informal content is what catches the eyes of many future clients looking to understand the basic concepts of certain topics of law before seeking the paid services of a professional. Whether you are blogging for your current clients or to your prospective clients, the content, the style, and your credibility as a blogger will all weigh heavily on whether your blog is successful. If your blog fails to raise readership, you could be relegated to the lowest pages of Google search results, forever locked away behind lesser information. This installment of Writing Matters details your Miranda rights (so to speak) for effective blogging. Understand your rights before you blog; once you’ve been warned, all posts will be admissible in driving your readership down.

You have the right to remain silent.

Blogging, although trendy, is not required of any attorney. Many attorneys begin blogging to write thought-provoking analyses which further the discussion of law in a public setting, rather than simply on a case-by-case, and confidential, basis with an individual client. A desire to share your extensive, sometimes specialized, knowledge of the law with others in an innovative fashion is an admirable goal. However, blogging has become the latest hobby of every man, woman, and child with a thought or an opinion … and internet access. Every profession has begun blogging as a means of reaching out to potential clients, and informing the public of their work. The legal field is no exception. In short, there is an unlimited amount of information pertaining to the legal field at ready access to the public. Your blog cannot be a copy of prior law reviews or other blogs.

The content of a successful blog should always demonstrate a unique level of analysis that is not easily traceable to another blog or law review. If the source of your blog content is another writer’s blog, you’ve lost your readership; readers will go straight to the source. As many writers are told, you are only as good as your last blog…so make sure your last blog is yours. After all, the goal of your blog is to drum up business for yourself (or your firm), not another lawyer.

Passion for your practice area is key. Bloggers who are passionate about a subject are more likely to write engaging blogs that readers will visit repeatedly. If you cannot meet the expectations of the readers on a particular topic, it is best not to blog on that topic no matter how popular it might be. No reader will fault you for a bad blog that he or she never read.

Anything you blog can be used against you.

Blogging is the newest frontier in acquiring, or losing, clients. The public looks to legal blogs for an introduction to not only the legal topic they are researching, but also the kind of lawyers in that field available to hire. No matter how many credentials you hold, and how knowledgeable you may be, your blog can undermine your credibility to the public.

Your blog must also demonstrate your competence and conduct as an attorney. When it comes to successful blogging, the best blogs have proven that—regardless of the writer’s expertise in a subject—basic competence is key. Awareness of this fact is fundamental to ensure that your blog will attract new clients, and even help you keep the current clients you already have. The goal of blogging is to grow your influence in the legal community through broader channels. The successful legal blogger knows that any content delivered through his or her blog will be a published statement of the attorney’s or firm’s competence. Rule 1.1 of the Model Rules of Professional Conduct states, “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” In essence, Rule 1.1 requires lawyers to have a reasonable degree of competence for their clients. The lawyer must have the expertise to handle a subject, or the ability to acquire the necessary knowledge (through research in most cases) in time for the representation. If your blog content lacks thoroughness, or shows a lack of legal knowledge, your reputation may suffer.

Before you blog about a legal topic, be sure to completely research the chosen topic. This includes researching the layman’s interpretation of the law, which may not always be the best analysis. The layman’s version of analysis, however, may be the most common misinterpretation of the law. Your blog may need to focus on addressing the misconception more so than an explanation of the law itself. You can build on common ground with your reader by taking his or her misunderstanding and respectfully correcting the reader’s misunderstanding. The goal is to inform readers and attract business, not to attack.

You have the right to provide candid feedback in your blog as well as in response to reader comments.

Blogging is a conversation between the author and his or her intended audience. You will engage a variety of readers on varying issues and opinions, and these readers will view your blog as a place of trusted information, and you (or your firm) as a trusted source of candid information. A blogger fosters this trust by updating his or her blog routinely. An update can be as simple as providing an update to a case decision that was pending at the time of your original post, or a newly created statute that affects the law you discussed. A more interactive update can be replying to reader comments or questions with a deeper analysis (disclaimed, of course, because you are not giving legal advice) that applies to their individual concerns. No matter how you do it, the readers want to continue the conversation begun by your post. You, as their trusted source, must allow that dialogue to continue and encourage it in your blog.

The best way to encourage further discussion on your blog is to write in a style that prompts questions without answers, but answers many questions. Confusing, yes, but also effective. Many bloggers choose to answer the big questions such as what are the overall picture of the topic, and the broader applications of the particular law. The questions left to prompt discussion might be a local impact, a current event, a personal reaction, or a hypothetical scenario that can happen to anyone, but the answer of how to handle the scenario properly has no concrete answer. The point of the discussion is to show your ability to adapt your analysis to varying facts and circumstances that each reader can relate to, and feels encouraged to respond.

You have the right, if you cannot blog, to appoint someone, at your expense and without cost to them, to blog for you.

Lawyers are hard workers. There is never enough time in the day to meet with clients, draft documents, take phone calls, AND post a blog or respond to post comments. That is why many law blogs fall to the wayside. Many lawyers fail to provide the requisite time, money, and research into their blogs because they feel they cannot meet the demands of the practice while giving a blog the time it needs to develop properly. Your blog does not have to suffer because you don’t have the time to devote to the product. You may be able to outsource the work.

In a world where legal jobs are still scarce, with more lawyers becoming licensed to practice each year, many are finding new avenues to exercise their legal skills in preparation for a future job prospect. Enter the legal blogger. A legal blogger is a person, usually an attorney, or at least a law school graduate or current student, who hires himself/ herself out to law blog sites needing content writers. Legal bloggers can take the reins of your blog and ensure that its online marketing potential is maximized by providing a steady stream of postings for readers to view. Many charge relatively low fees (such as $38 per posting for 500 words), and after doing the math you can see that blogging as a career can be a profitable endeavor to the up-and-coming lawyer. The legal blogger will have exceptional research and writing skills. Generally, the blogger will want a sample of your own work in order to mimic your style and voice as best as he or she can. What you have is a ghostwriter. You will still contribute content to the blog, but now at your discretion as time permits. In the interim of your own posts, new and attractive legal content will still appear on your blog to keep reader traffic at its peak on your site.

Do you understand these rights?

Once you have an understanding of your rights as a blogger, it is time to begin blogging. Here are five tips for better blogging that you should implement for every blog post your write: 
  1. Choose a title that is eye-catching to the reader. When writing your post, be sure that the title of your blog is one that will not only catch the eye of the reader but is relevant to the topic of your blog. You want the title to be consistent with the content of the blog. Many writers choose titles that are either witty or shocking. Depending on your topic, either may be an appropriate option for you. The title of this blog, of course, is meant to be a witty play on the theme song for the show Cops. Yet, the title is also relevant to the discussion at hand: how to avoid writing a bad blog. 
  2. Introduce your topic to induce reading. After you have caught the attention of the reader, you must convince that reader to read your post. The title of your post merely brings the reader to your site. The introductory paragraph should entice your reader to invest the time and energy into engaging in a legal discussion with the author through his or her blog content. Be sure to spend ample time on an introduction which will capture the reader’s interest and encourage reading beyond the first paragraph. If you have followed my article this far, my job is done.
  3. Find your own style and voice. Blog readers enjoy more informal writing, so a personal touch is always best. Readers are not looking for content that drones on, simply stating facts and dry analyses. A blog post should not remind the reader of long days in lecture halls with Ben Stein (“Bueller … Bueller …”). The reader likely will fall asleep before your message is conveyed. Give each blog post your own personal stamp. How would you explain your topic to a friend at a party? What language would you use? Is there a style of writing that is clearly you? Everyone has a unique way of communicating thoughts and ideas to others. Use your unique way to gain an audience of followers who appreciate your style of communication.
  4. Post blogs and comment often. Once you’ve written your first blog, you should develop a schedule for continued blogging in the future. This can be a weekly blog post, bi-weekly, monthly, and so on. There is no set schedule for all bloggers. While daily blogging is preferable, it is also impossible for the working attorney. Many choose to blog weekly, or bi-weekly. Whatever your schedule, be sure to stick to that timeframe, as your readers will develop their readership based on that schedule; a missed blog post could mean a lost reader. Do not forget to comment on your readers’ comments. Many readers comment to engage in further dialogue from the author. Give the people the additional information they seek from you.
  5. Profread, Proofred, PROOFREAD. Were you bothered by the beginning of this tip? Your readers would be as well. This may seem like common sense, but time and time again it must still be said: check your work for spelling and grammatical errors before posting. Some errors may not be apparent right away. Occasionally, you will need to read your old published posts for any errors missed.
With a computer in nearly every home, most information is shared at light speeds across the globe. Law itself is now shared between internet users throughout the blogosphere. The legal blog is the wave of the future in discussions of law with other legal professionals, as well as the public lawyers serve. I hope that each lawyer interested in creating a legal blog now knows their rights before blogging, and follows these five simple tips to ensure their content is worth reading. Increased readership in a blog can enhance the client base of an attorney just as easily as it can diminish. Remember, readers will be searching for you. Careful adherence to the rules will keep you out of trouble with those readers.

You are now free to blog … proceed with competence.

Thursday, October 17, 2013

Why Did I Get Merged?


Recently, someone started a discussion about marriage that prompted a discussion on mergers. Below is a quick posting made by your host, Bryan Babcock, about mergers as compared with marriage. There's no particular show with this blog posting. We at The Fine Print just thought you'd like to read and weigh in on an interesting legal topic. Enjoy!

*****

According to a CNN article by Kevin Voigt, “mergers fail more often than marriages.”1 Indeed, evidence suggests that most mergers fail to increase shareholder value. Whether it is merely a lower shareholder value, or a reorganization and/or divestiture of the merged assets, not long after the merger takes place it falls apart. A 2004 study by Bain & Company found that 70 percent of mergers failed to increase shareholder value.2 In looking at merger failure, one should think in terms of marital failure to discover the reasons why it fails. Mergers typically happen because companies are seeking to improve financial performance, and look to join with other companies to achieve this end. Whether the rationale is related to economies of scale or scope, or taxation benefits, or even as simplistic as increasing revenue or market share, mergers are about two individual companies seeking to unify into one more powerful and efficient entity than the two separately. The catch, like any marriage, is that companies fail to choose the right partner for their vision of the merger. Moreover, the individuality of each entity is sought to be maintained in the new unified firm. The personalities of each entity struggle to survive in the new union, and this causes conflict. Like a marriage, the two individual entities are more concerned with what I want than what we need.

When one looks at marriages, are mergers any different? A marriage is a legal contract between two parties that establishes rights and obligations between the parties. Both marriages and mergers are formations of a unified structure: a family in the case of a marriage and a new entity in the case of a merger. Both come with the same intentions in mind; and their road to destruction stems from the same pitfalls. So why do companies get merged? If most mergers fail, shouldn’t we have fewer? “I guess … [they] are afraid it would mean something if [they] didn’t.”3 With the goal of business being profit (capitalism), mergers appear to serve the function of aiding in wealth accumulation by eliminating the costs of operating two separate entities and creating a heftier power base in the market. However, mergers face a new world of antirust backlash where the proposed power base increase may not come to fruition once the merger takes place.4 The legality of a combination of two entities is a different question from whether, post-merger, the new single entity abuses its own market power and should thus be stopped.


It seems that with so many merger failures neither entity took the time to fully understand what the merger would mean. Nor did the entities fully analyze whether the costs of the merger process, and the post-merger operations of the new entity, would in fact outweigh the benefits of leaving behind the individual identities for the new synergistic firm. “You know the funny part? We were perfectly happy before we decided to live happily ever after.”5 I guess the joke’s on the merging companies.

Footnotes:

1. Kevin Voigt, Mergers Fail More Often Than Marriages, http://edition.cnn.com/2009/BUSINESS/05/21/merger.marriage/ (last updated May 22, 2009).
2. Id.
3. Mr. Big, Sex and the City: The Movie (New Line Cinema 2008) (motion picture).
4. Jarod M. Bona and Paolo Morante, Obama Administration evolves US merger policy, http://www.dlapiper.com/obama-administration-evolves-us-merger-policy/ (last updated Jun. 16, 2009).
5. Carrie Bradshaw, Sex and the City: The Movie (New Line Cinema 2008) (motion picture).

Sunday, July 14, 2013

You Can't Spell HUMANITY without (YO)U and I ...

In breaking news last night, the world discovered that a jury of six women decided to acquit George Zimmerman of all charges related to the shooting death of Trayvon Martin. The trial set off a national debate on the topics of race, self-defense, and guns. After the verdict, Zimmerman was released, and the criminal case was done. And that's where everything was left: one dead boy; one free man; two devastated families; and a changed world. Where do we go from here?

Well, where many people decided to go from the verdict was Twitter and Facebook. Numerous people took to their pages to either celebrate or condemn the verdict.  But it was in the Facebook world that the inspiration for this blog took place. And it all started with a celebration ...

As I checked my Facebook page and noticed all the status updates regarding the trial, I began noticing some posts where people were actually celebrating the not guilty verdict. I also noticed many people liking the posts. I, even today, am not entirely sure these were likable posts, and I made myself clear on that. Whatever side of the case you were on, I found it inappropriate to enjoy the verdict. What is there to enjoy about it? I just don't see it. There is no way this case could have gone that would warrant a celebration in my eyes. And these posts came from friends. I opted to state my short opinion that it might be best not to celebrate what brought this case about and its end result. Some took my opinion well, but one did not ... and the battle began.

As I am known for my offensive commentary, I can see where my audience would be skeptical that my opinion was short and sweet. To clear my name, here is the post that started the next portion of this blog:



In anticipation of more and more posts that were clearly going to be divisive, I took the opportunity to openly state my opinion about the situation and make it clear that I am having serious character discussions of those that would celebrate such a tragedy, and I would prefer not to have to think badly of any of the people I know. Here is my post after this exchange (as well as a few similar exchanges with others):

I am aware of the ‪#‎ZimmermanTrial‬ verdict. Let me go ahead and state this now before people tarnish my opinion of them permanently by their posts: There is a dead child in this case ... and a verdict that shows that in the minds of six women he deserved to die the way he did. Yes ... a jury just said it was okay to take this child's life. None of us will ever know the truth about what happened. A verdict does not equal truth (e.g., Casey Anthony is running free today, O.J. Simpson was acquitted, the Scottsboro boys were convicted and later full exonerated). So before we dehumanize ourselves and start celebrating this child's death, why not take a minute and think about the bad taste that would be. And no matter what side of this case you were on, what good will come of you celebrating a dead child and man's life being forever tarnished by these actions? He will forever be labeled as a murderer regardless of the verdict. Sanford, Florida (rightly so from my memory of living there) will forever be associated with bigots and the awful way they painted both sides. Salvage your own trip to Heaven and perhaps keep it to yourself.


In a few minutes I have heard and read things from people that make me question their entire being. I actually have to question their very characters ... and it don't look good right now. With that said, let's all just sit back, allow both families the respect they deserve to absorb what just happened, and try our best to muster up some human decency to let the verdict stay out of mouths. And that's the only post I hope I have to make on my page about it.

Not that bad of a post from me, right? Certainly I have said worse to specifically named people. At the time I called out no names because it was more than one who had posted such things ... and it was people on both sides of the case. Why single any one person out when many were doing it? 

One person, the law school graduate who posted the status update above, took it upon himself to reveal his opinion on my own Facebook page for all to see. His callous attitude towards not only the subject, but a person that is a friend, sparked a very heated discussion that involved many lawyers and laymen. Note: I refer to this person as a law school graduate now as opposed to last night because at this time he is an inactive bar member, therefore not authorized to hold himself out as a licensed-to-practice lawyer, although that could change at the drop of an active membership fee. I was not aware of this until after the exchange.

During the public exchange, this person decided it was better to offend than to discuss because he felt offended (by a post that never specifically named him). He even went as far as to question my capacity to analyze the trial from a legal perspective and I needed to "get over it dude!" I state for you Fine Printers ... I will not discuss the the case from a legal perspective because this has been done already, and even then I couldn't find a celebration in the outcome ... Does anyone remember our show The Fine Print of Self-Defense? I do, and that is all the commentary you will get from me on the merits of the case. Now we are in the aftermath of a tragedy. The jury has spoken, a life is over, and another life is forever tarnished. There's not need to say more than that. What I want is some peace among us all, and this person clearly did not want to seek the same. Instead, he asked for a conflict by continuing his disrespect and insulting the very history that is my own life as something trivial and unimportant. That, my listeners, brought me to this last statement to him before ending the friendship permanently (reader discretion advised):

Really Dustin? That's how you want to end all this by saying my posts are unimportant? No one cares about my opinion ... but yours is okay because it's yours? I didn't even call out that you were one of the people I was frustrated by until you decided to put your name out there for all these other Mercer lawyers to see. That's a sad day, and clearly I made the right decision in what I said because it revealed only one out of the many who made similar posts to be someone of bad character.  
Well, alright, never let it be said I don’t warn people before I sound off. If you really want to take it there let's take it there. One thing I won't ever allow is some trifling, sheltered, overprivileged, son of a bitch to call out my license like I don't know what I'm doing. I'm not that guy, and never will be. I don't have to reveal anything about my life to know what a lowdown asshole looks like. I don't care what your opinion is. What I said was perhaps we should all keep it to ourselves right now and let these families grieve all their many losses. If you have a problem with that go fuck yourself. Plain and simple. You don't matter to me enough to do much more than tell you my thoughts and leave it there.  
How dare you think you can tell me to get over it as if this is some trivial concern to dismiss at the drop of a hat, and no one else can say it's not the proper time. Just because you are common bigot doesn't give you any domain over me. Are you really such a substandard human being that you think this verdict is something to jump up and down about? You know who jumps at a verdict like this? Usually a Klansman … do you have your white sheet on right now? That’s just how I feel about your reaction right now. If I need to grown up, you need to shut up. 
Do I think my friends should now celebrate that I called you the equivalent to a KKK member? Absolutely not, because that would be in poor taste. But you don't understand what that means because you came right back on my page like the punk I know you are now. Who actually won in this that makes it such a celebration? Zimmerman? He's a marked man and forever tarnished by the experience. Martin? He's dead. Either of their families? They have to live with this forever too. And you say get over it like it's the thing to do. I suppose a person in your shoes wouldn't know any better, and I should be okay with it and let it go. I should probably just allow everyone in my life to have a good old-fashioned fish fry to celebrate this case, or celebrate that Zimmerman might be taken out tonight by some angry vigilante. But I can't do that and sleep at night. 
I think you are a callous human being for even daring to celebrate such a thing. And I think you must be a fool to think you can convince me that all this is okay. Yes I am a lawyer, are you?! I have yet to voice my actual opinion of the case (and you'd be surprised what it is) because it is not my place to do so at this time. I thought we were taught a hell of a lot better than to enjoy a tragedy like this. That's not a Mercer lawyer in my opinion. What I said was let's be human and leave this alone for our own decency. I unfortunately mistook you for having it. I won't make that confusion again. You can go now. It sickens me the time I wasted thinking you were a person that deserved my kindness and respect as a fellow Mercer lawyer. You are nowhere near the caliber of person I had hoped you’d be from the education you received there. But I guess you can’t teach be something you aren't deep down .. a human being. I will give you enough time to read this response and then I am done with you. Whether you care or not isn't my concern ... you just don't matter to me any more than I apparently mattered to you before or after this. Clearly it wasn't at all by the way you chose to address my opinion versus the way I addressed yours originally.

Now I'm sure you recognize me. This was me in my classic state. If you don't like it,  "@myTwitterName, so I know it's real." Otherwise, I've said what I have to say and meant every sentence of it at that time. 

The most disturbing part of this exchange is that it was not with any of the laypersons that did what he did, but with a law school graduate, an inactive bar member. In my mind this is someone who was certainly trained better than the display he gave. In our very first episode, The Fine Print of Lawyers, we spoke about the high standard that is placed on lawyers. We are not just legal scholars, but counselors, and examples to the public. We have a  higher responsibility to guide a better agenda in the layman's view of how law works. In my mind, rather than fan the fires of controversy, we should be  setting the example by encouraging better use of our laws, and remembering the human factors of these situations. I was sorely disappointed by the conversation I had with this person, but I hope a lesson can be learned. I hold the law in high regards, and use this show as a way to bring the law to everyone. It is something that should be respected and discussed with integrity. Anything less by a servant of the law is a spit in the face of the very calling we all had. I don't stand for it.

In sharing this conflict with you Fine Printers, it is my hope you will see that underneath is the very lesson I wanted to impart:  do not make a mockery of such a tragedy based on your views. None of us, not one of us, will ever know what really happened. The jury doesn't even know that. So we shouldn't celebrate a dead child, or condemn an acquitted man, right now. And out of respect for your friends who may disagree, try not to bombard them with your views on an issue that is already resolved. What purposes will it serve? 

Continue listening to our show, and be sure to catch our archives. Your hosts, Bryan and Seterria, strive to entertain, but also to impart some wisdom along the way. Hopefully we have done that for the many. I, unfortunately, could not do so for the one, nor did he have wisdom to impart to me (if I could have been open to receive it). 

~by Bryan Babcock

Monday, February 25, 2013

My First ... and Last ... Day at the Gun Range by Bryan Babcock

March 2, 2013, “The Fine Print: We’re Calling ‘B.S.’” will tackle the hot and heated political debate going on right now concerning gun control. While I try to stay as neutral as possible on the air—keeping my real opinion to a minimum—I would like to share my experience with guns in the hopes it will aid you in your understanding of where our gun laws should move.

As everyone knows, I am a born and raised Alabama man. As an Alabama man, I am the man to see about guns. I love guns, I think guns are great everyone should have one, and should use them to wipe out enemies. That’s who we are in Alabama. I grew up with guns all over my house, and I don’t see anything wrong with it. Guns make you feel safe when your nearest neighbor is five miles away, and the nearest law enforcement is at least 30 minutes away.

I want to tell you about the first time I ever shot a gun. I was living in Washington, DC (of all places to shoot a gun, right?), and had a very nice roommate who invited me out with his friends for an American day: visiting Mount Vernon and going to a gun range. Does it get any more American than that? And what made it just that more American was the fact that the trip involved people from various nations. You see, my roommate Philipp was German, working at the German Embassy, and he invited his friends who were from the other embassies around DC. What a melting pot we were that day!

We first visited the home of the first president, and founding father, George Washington.  
 
Mount Vernon, located near Alexandria, Virginia, was a great start to an American day—the architecture, the history, the legend of the beginnings of our great nation. It’s something we all should take a moment to appreciate as Americans.
George Washington was once quoted as having said, “A free people ought...to be armed.” As a Southerner I can certainly see why the Confederacy never armed its slaves, which would have assured its victory in the Civil War, with a quote like that by our most famous Southerner. No one ever thought Blacks were a free people; therefore they should never be armed. Arming leads to freedom. Did we not set this example with the Revolutionary War, and again in the War of 1812? So of course slaves can’t have the freedom a weapon provides. But the slavery part is an entirely different conversation to be had. The point Washington was trying to make is the quintessential paradox, in order to be free you must prepare for war. That can’t be done if the people aren’t armed; they won’t be free for long.
And this is the principle our Second Amendment was based on. A free people should always be able to arm themselves and defend their freedom against tyrannical governments. There may come a day when we in America must rise up and take back our country. We might be getting there sooner than we thought with all the polarizing political rhetoric out there. Again, that’s another discussion.
The Constitution gives us the right to bear arms, and the Supreme Court of the United States has given Congress the right to place some limitations on bearing those arms. Some feel there should be no limits; others feel there should be full restriction; and then those in the middle (who don’t seem to matter anymore in this political climate) think some better limitations should be placed on guns. Who has the right answer? Read on and tell me whether your opinion of gun control has changed.
So, after visiting Mount Vernon, we went into the gun range …
 
I was so excited because I had never legally shot a gun before. There were guns in my house, and they were fired, but never in a completely legal context. We decided to get a variety of guns to shoot. I admit I was weary about putting the gun in my hand. I was never sure of what would happen to me once I was fully armed. I have a temper, and I like to solve my problems to their ultimate conclusions. This can go quite far if allowed to my own devices. So I tried to keep my distance. Now the weaponry was in my hands.
Here’s some of the artillery we shot with …
 
 
After firing off  a few rounds, the day was done. As I reflected on the day’s events, and all I experienced, I had a revelation. Guns are fantastic … so much fun to shoot. You feel the vibration in the gun as it discharges, and you see the hole in the target, and it just brings back childhood days of playing cops and robbers. That’s the innocence of guns: you are usually unaware of the harm they cause because you spent many years playing harmless games with fake ones.
But guns can do quite a bit of damage. We have learned that from Sandy Hook, Lone Star College, Trayvon Martin, and so on. So much violence has come from the use of guns, and in a lot of instances licensed guns. But I am a proponent of guns. We should have access to weapons. You never know when a gun will be needed for your protection.
As I fired the various guns we selected, I couldn’t help but notice how much I enjoyed myself. I mean I REALLY enjoyed myself. Have you ever thought of the power you hold in a gun? You hold the power of life and death right in your hands. At any moment, you could turn to your neighbor … and just end them. It’s an intoxicating feeling each time you pull that trigger. That is the glory of the gun. That is why not only people but governments strive for armament. The amazing thrill of holding god-like powers is addictive. You always want more and more. This is why today governments have nuclear weapons, while the people can only match it with an M-16. The governments must make sure they can always overrun the people and maintain control.
One day, when I conquer this globe, and have its entire people under my reign, I will remember that day when I held true power in my hands. You will all be my bitches one day.  
*  *   *  *
And I can pass any background check, and obtain a gun. Now what do you think of gun control?

Tune in March 2, 2013 at 6:00PM EST for more on the gun control debate on “The Fine Print of the Second Amendment.” Visit http://www.blogtalkradio.com/thefineprint for new and archived episodes.

P.S. Thanks to Philipp for awakening the beast … the world will remember you (fondly?) ;-)

Saturday, February 2, 2013

Season 2 Schedule

The Fine Print - Season 2 Schedule
**Remember that all episodes air Saturdays at 6:00PM Eastern Standard Time.**
  • January 5 - The Best of the Fine Print
  • January 19 - Off Air
  • February 2 - The Fine Print of “B.S.”
  • February 16 - B.S. on Sex: Volume IV (stroke skills)
  • March 2 - The Fine Print of the Second Amendment
  • March 16 - The Fine Print of Foreclosures
  • March 30 - Off Air
  • April 13 - The Fine Print of the Hustle
  • April 27 - The Fine Print of Adoption
  • May 11 - The Fine Print of Gossip
  • May 25 - B.S. on Sex: Volume V
  • June 8 - Off Air
  • June 22 - The Fine Print of The US Dollar
  • July 6 - The Fine Print of the Presidency
  • July 13 - The Fine Print of Bankruptcy
  • July 27 - The Fine Print of Good Deeds
  • August 10 - Off Air
  • August 24 - B.S. on Sex: Volume VI
  • September 7 - The Fine Print of Alternative Dispute Resolution
  • September 21 - The Fine Print of Vanity
  • October 5 - Off Air
  • October 19 - The Fine Print of Family
  • November 2 - The Fine Print of Old Money
  • November 16 - B.S. on Sex: Volume VII
  • November 30 - Off Air
  • December 14 - Off Air
  • December 28 - Off Air

Tuesday, January 29, 2013

The Fine Print of Sety B

Known for her infectious laughter and the high pitched “Praise Santa,” Seterria is the S in BS on The Fine Print.  On the Fine Print, she’s the Whitney to Bryan’s Bobby Brown, so while she seems sweet on the surface, you can never be sure what outrageousness she will bring to the table.  Who is this giggling girl who can just as easily cut a man with her sharp tongue?  Well, I sat down with her to find out.

“Hey darling!” Seterria greeted me with the words, but her tone said she didn’t trust me.  I knew already that she was going to make me work hard for this interview.  We didn’t have much time.  I was forewarned that she works and goes to school, and so, plans her life almost to the minute.  Meeting her in her home worked best for everyone.

The first thing I noticed when Seterria led me to the sitting room was the red sectional couch.  I would have expected something quieter and more traditional from her.  This let me know that there was a lot more here than meets the eye.

“So, let’s get started.  However, don’t ask me about my family or my personal life.  Period.”  Seterria laid the ground rules and shot straight.  She effectively wiped out a third of my planned questions.  I asked, “Is there some reason those things are off limits?”  

I discovered Seterria has an expressive face that says, “F*ck you and everyone in your household,” even when her words remain professional.  “Yes.  My father passed away a year ago, my family fell apart, and men are a puzzle that drives me nuts if I think about it for more than 5 minutes.  So, don’t ask.”

That only made me want to ask more, but her face dared me.  When I called to set up the interview, she’d made it clear that she pays her own bills, so I took that to mean I’d better respect her and her house.  In the interests of actually getting an interview complete, I didn’t dig.

As I got into the interview, I discovered a few things pretty quickly.  1) Seterria really does laugh all the time, but it doesn’t always mean something is funny. 2) She puts a lot of thought into everything in her life and takes most things seriously. and 3) No one would know everything she’s been through because she doesn’t wear her problems on her sleeve.

Seterria was born and partially raised in Winston-Salem, North Carolina.  Her birth father was absent and her mother worked hard.  That was all she would say about her childhood.  However, I got the distinct impression that there was more trouble and pain back there that she would not discuss.  However, she did say, “I made the choice NOT to be a victim a long time ago.  Making that choice was never easy then and it’s not easy today.  But I made the choice that I was more important and more significant than any negative events or negative people.  That’s the choice I would love to teach young people today how to make for themselves.”

Powerful.  Particularly when she grew up never knowing that the life she has today was even a possibility.  School was her ticket.  Or her “hustle,” as she calls it.  “We all have a hustle.  That’s something that we can work and “pimp” to get the greater things we want in life.”  School was easy for her and she used that and her hustle spirit to make it happen.  She went to undergrad and law school on full tuition scholarships.  How did she work that out?  “I didn’t.  It was nothing but God.  I always know the path God has for me because, even though I have work to do, he knocks down any perceived obstacles and paves the way.”  

What did she want to do before law school? “I wanted to sing.  I still do love it.  I don’t want to be famous.  I just want to sing.  I can’t imagine my life without it.”  So when did she decide to be a lawyer?  “When I was five years old.  We didn’t have a lot of money.  The only people I knew who had money were lawyers.  Probably saw that on TV somewhere because I didn’t know any lawyers.  So, I wanted to be a lawyer so we could have money too.”  That’s pretty sound logic for a five year old, but after having met Seterria, it doesn’t surprise me.

In law school, Seterria kept her “hustle” spirit alive.  She worked pretty much throughout, one summer even working two jobs and taking classes.  She took MBA courses to earn a certificate and earned the Advanced Legal Writing Certificate from Mercer Law as well.  “I came in wanting to be an entertainment lawyer.  That went nowhere.  So I searched.  I worked a variety of jobs and tried a variety of hats.  Ultimately, tax law grabbed me.”  Tax law!??!

Turns out, Seterria likes things that are complex.  And what’s more complex than the U.S. tax system?  Having a path and an ever-thriving hustle, Seterria couldn’t just be a tax lawyer.  She wanted to be the best and learn from the best.  “I hustled my way to Georgetown University Law Center in D.C.  The #2 program in the country.  I looked forward to the program, but even more, I looked forward to living in a new city, a whole new environment.”  

Listening to Seterria talk about her experiences in D.C., you can tell she and Bryan had a ball there.  She even let it slip about one particularly embarrassing night, about which she threatened me if I told anyone.  I’m sure Bryan would be all too eager to share, but I wouldn’t dare ask.  All I can say is....she didn’t make it.

Fast forward to today and Seterria is still on her journey.  Her career has taken so many turns, but her current passion is to help women and children of sexual abuse and sexual violence.  “No man, woman, or child is exempt from victimization.  None of us is above it.  What’s needed is education.  We have to educate everyone to prevent future perpetrators and to arm future survivors with the tools to thrive.”

While Seterria feels strongly about victims, she generally feels strongly about respect and human rights.  She can rant and rave with the best of them, and The Fine Print gives her the platform to call B.S. on a lot of issues in our society while educating people on the fine print of the law in a way that helps the everyday man.  

Closing the interview, I felt like I’d made a new friend--one I wouldn’t dare cross.  But a friend nonetheless.  Maybe she’s not always understood, perhaps she’s not the more outgoing partner in the B.S. duo, but she certainly brings the balance and the laughter.

You can always catch her on Twitter @SetyB.  Remember to check out the The Fine Print of B.S. on Saturday, February 2, 2013 at 6pm on www.blogtalkradio.com/thefineprint!

Saturday, January 19, 2013

The Fine Print of Bryan Babcock

by Bryan Babcock ...

“Hello all you lawyers, lawmakers, law enthusiasts, and law breakers out there,” is usually how he starts. He’s one of the hosts of “The Fine Print” and as public as his personality is to his over 6,000 listeners, he’s still a mystery. As part of its second season, “The Fine Print: We’re Calling ‘B.S.’” decided to give its listeners a glimpse into the people behind the “B.S.” I had the pleasure of meeting Bryan Babcock, the favorite host to hate, over a day of errands and labors. To introduce his listeners to a new season of zany legal discussions, I sat down with the host to find out who he really is, and how he has managed to corner the market on legal discussions just by “keeping it real.”
“Get your ass over here and cut these onions,” says Babcock, waving a very sharp knife in my direction. It was 4:30pm and we had been running errands all day--from getting a haircut at “The J Spot,” owned by celebrity stylist Derek J., to clothes shopping where an OCD Babcock bought 18 of the same shirt or sweater in different colors for “uniformity,” to grocery shopping for the dinner he was going to prepare for me before we end our day together--a day that started at 7:00am. Now it was time for dinner, and I was unaware I was required to help in order to eat. It seems that Babcock drags everyone into his world, whether they like or not. His immediate world was cooking dinner, and I didn’t have a choice but to be a part of it. That had been the case the whole day.

I rang the doorbell of his brand new home (which he named Beauvoir … French for “beautiful sight”), and the door immediately opened to Babcock scrolling on his phone, scolding me for being five minutes late, and rushing me to the garage so we could start his day of errands. I only had a second to take in the fact that the home was beautiful … and very much empty. “I am working slowly on putting furniture in this house,” he tried to explain about the emptiness of the home. “I bought the house so quickly, I was never able to put any real savings away or plan for a furniture budget. So I’m living in an empty home for a while. As long as I have a bed and a working kitchen, my life is just fine. That will teach me not to save for a house before I buy a house.” There was literally nothing in the house but two chairs and a bed.
As I tagged along with Babcock on his errands of the day, I realized I wasn’t there to interview him at all. I was there to listen and report. Everything I wanted to know about Bryan Babcock I would learn just from being a sidekick to his day. How? Babcock is a talker, and a storyteller. I assume it comes from his Deep South roots; I’m told Southerners are storytellers, and always a pack of colorful characters. Throughout each conversation he had with the strangers and friends he met that day, he read from the pages of the open book he calls his life. All I had to do was listen and write. From the hair salon to the grocery store Babcock was greeted by a variety of people who wanted to engage him in conversation; he was happy to oblige as long as it didn’t interrupt his overall schedule (the obvious sign of a man obsessive about order). “There’s always time to talk; I budget it into my schedule,” he said. “You must always schedule the spontaneous moments of your life. Otherwise you just live in chit-chatty chaos. I like human interaction, but not when it fucks with my hustle. People aren’t worth my life.” I know what you’re thinking; and yes, he always gives conflicting advice like this.I think he does it intentionally.

Babcock is a self-identifying “Bama” born in Selma, Alabama in a year “that’s none of your damn business.” Born to a blue-collar father (Marine and former law enforcement) from Selma, Alabama, and a blue-blood mother from an affluent Orlando, Florida family, Babcock is the most elitist country bumpkin you’ll ever meet. Whether he’s conversing about the French Revolution or the history of FabergĂ© eggs and the Romanov Dynasty, or waxing sentimental about fried bologna sandwiches and potted meat, or just randomly telling a story from his past, he always does it with humor. I have never laughed so hard at one person.
Your host’s path to law was not a straight one. Babcock is an artist; as a youth he was a dancer, an actor, a singer, a violist, and a pianist. He was also a language enthusiast, and an excellent cook. “If it was artistic, I did it,” he told me, laughing at how fascinating he made himself sound. And yet, in a Selma Times-Journal (his hometown newspaper) article written about his life aspirations, at the tender age of six, he was quoted as having ambition to one day be a “lawyer.” This ambition continued on to a second article in the Selma Time-Journal at the age of ten when, after placing second in a poetry contest, Babcock again professed his desire to join the legal field. “I was focused as a kid,” he said. “I thought a lawyer would be the greatest occupation I could ever achieve, and I really didn’t know why. I only knew that my grandmother thought it would be a great profession for someone as stubborn as me. So, I was on board to be a lawyer like she wanted.”

It was in his senior year of high school that the possibility of becoming a lawyer started to fade. Preparing to graduate with honors, Babcock was headed to culinary school. “I loved to cook,” he continued as he relayed this new story. “Culinary school was my chance to be an artist … the new Wolfgang Puck.” Fortunately, a sharp teacher convinced Babcock to attend college to become a Spanish teacher or translator, and a law-bound student was on his way to college, double majoring in Spanish and International Relations with a Minor in Latin-American Studies. In college, Babcock found an unbreakable bond with the law after taking a Constitutional Law class. The discussion of law was so appealing that he decided to continue it at Mercer Law School for his J.D., Georgetown University for his LL.M., and most recently the University of Alabama for a second LL.M. Earlier in the day, Babcock mentioned how much he hates school; again, I couldn't overlook the contradiction in his words.
Back to the dinner at hand. “Hey, you don’t get to sit around,” Babcock barked as I tried to take a seat on his floor. “If you don’t help me cook this meal, you won’t be eating it.” He was such an ass, but he made a good point, “I expect everyone in my house to get on top and do some work.” I wasn’t sure what that meant … but I learned that day. “What I mean is just don’t be a lazy fish. It’s like a woman who just lays there in bed. That’s not work; get on top and do something. It’s great advice for the bedroom, the boardroom, and kitchen … everywhere If you don’t take command of what’s going on around you, you’ll just get dragged along. And if you don’t like what’s happening, you’re stuck with the result because you didn’t do anything.” I’ll tuck that little bit of advice away for my girlfriend to get later .Now was the time for food.

What is it about cooking that you enjoy so much? “There’s something very relaxing about cooking a great dinner for your friends … or even a special someone you plan on making dessert afterwards,” is how he explained it. I’m still not sure if that was a hint that I could have ended up dessert. I won’t ever try to find out since I made it out with my clothes on. “There’s something ancient about it: in a world of instant gratification and McDonald’s, taking the time to plan a meal and make it from scratch invites conversation, and allows you a trip back in time to an era where food was the most caring thing you could do for a person. A time when a hot meal made you sit around a big table in your home and enjoy your company in love and friendship. What’s better than that?”
The menu for the night was amazing: roasted shrimp with cocktail sauce (all homemade) and warm roasted almonds with light Pink Himalayan salt for an appetizer; roasted beef tenderloin with basil-curry mayonnaise, grilled asparagus with soft-boiled quail eggs, caramelized onions, and sauteed potatoes for the main course. I had to help make it all; that was less amazing.

As we sat down to dinner, I had to ask the cliche question: What kind of lawyer is Bryan Babcock? Overall Bryan is a champion for the law. Regardless of the topic, it is his firm belief that the law should rise above petty politics, and the changing whims of the people. “Law should be not only stable, but ever-evolving with the idea of creating the most neutral goods in our society. Law should not be the knife we use to stab each other in the back. And this is why I do the show.”
Ah the show, my reason for being here with him. Despite having an exciting career in his respective field, Babcock really enjoyed having legal discussions that did not pertain to his field. So, he got the idea to do a blog on law. After a phone call with his law school partner-in-crime, Seterria Brodnex, the two discovered they had the same idea of opening up a legal forum for more in-depth conversations about interesting topics of law. And “The Fine Print: We’re Calling ‘B.S.’” was born. “When I do the show,” he explained, “I want to say the most outrageously offensive, politically incorrect things that can be said on the air. But, I don’t want to mean the things I say; I simply want to provoke, catch off guard, shock … and if my delivery is on point, entertain.” But that is not the only reason Babcock does the show. “I hope that by doing the show I will open up a dialogue with the public that informs them of the legal implications of their everyday activities. At the same time, I am trying to teach other attorneys how to engage their clients in a “real talk” conversation that the client can understand. Too often we lawyers talk above our clients. They need to know some of what we know so that they can take comfort in the work we do for them. I find entertaining them a little lets down their guard, and opens their mind to learn.”

And speaking of entertaining, Babcock is most comfortable being his outrageous self in the “B.S. on Sex” volumes. These are the episodes that are strictly about raunchy, dirty, explicit sex. Known in many circles as the sex guru, he is not shy about delving into any sexual topic of discussion. His willingness to talk openly about any sexual activity, whether he participates in that activity or not, expands his circle of friends into the most unpredictable places … like the pornography industry. Many of the “B.S. on Sex” listeners out there already know that Babcock has established a pretty secure friendship with porn actor Rod Daily. “Rod is a lot of fun. If I had met him on the street, and didn’t know about his job, I’d still be his friend. He’s just a cool guy. He might talk me out of my drawers one day if I’m not careful, but he’s cool.”
Over the course of the day I found myself very confused by this loud mouthed lawyer who loves to talk about sex; a country bumpkin who knew more about aristocracy than the very aristocrats he knew; a constant student who hates school. It just didn’t fit, and yet it was perfectly Babcock.

As we proceeded to his special dessert--Mayan chocolate cupcakes with Nutella ganache--I began to wonder how a Bama could achieve so much from such a start of so little. How do you explain your fantastic success in life? How did you get so lucky? “I don’t think there’s anything special about me, what I’ve done, or what I dream of doing next,” he answered. “I haven’t had an easy road to get where I am, but I had enough respect for myself to be certain of my options in life. I doubted every choice I made. But at the end of the day I told myself, ‘I deserve to know if I’ll ever amount to anything--instead of singing my shoulda, coulda, wouldas--so I’m going for it,’ and whether I fail or succeed in my choices I will always know what I have is what I was meant to have. Anybody can make that decision; so how am I special?” As I continued eating this extremely rich dessert that I helped make, I could tell it wasn’t a for-show modesty Babcock displayed, but genuine desire for a better life at any cost, and an acceptance of the reality that not everyone can be on top. “Someone has to be on the bottom, but only after being sure that’s where they belong. It’s not a bad place in life if that’s what you were meant for. It just turned out that wasn’t where I would spend my life. A controversial revelation, yes; but not an incorrect picture of the world, I think.” I had learned so much that day.
By 10:00pm I finished dinner, dessert, talking, and cleaning, and packed up to leave. As I walked out to my car, leftovers in tow (Babcock made it clear that he didn’t eat leftovers, and if I didn’t take them they would be thrown away), I wondered if this article would provide any insight to my subject. If all the information I gathered was the same information he freely gave to even the strangers in the hair salon, what could I possibly add to the public’s knowledge of him? And then I got my answer from Babcock himself as he opened his door to say goodbye again, “I had better get an advanced copy of this article. I may seem to be free and easy about life, but I am a control freak like nobody’s business. Every detail of my life is carefully examined and scrutinized by me before it’s released to the public ... including my own stories of my life.” Was his entire demeanor a planned act? “I tell the truth, but I always reserve enough to keep people coming back for more … I’m an honesty seductor.” Ah ha … just what I needed to finish my story. That’s Babcock … a big ol’ tease.

Be sure to tune in to the Season 2 premiere, “The Fine Print of B.S.,” set to air February 2, 2013, at 6:00pm. If you like Bryan (or hate him … he’s not picky on feelings apparently), be sure to follow him on Twitter @BryanBabcock1, and like the show’s Facebook page.
In the spirit of “The Fine Print,” I’ll end this article by saying remember to always read the fine print … because that’s where you’ll find ‘Bama Bryan!