Hearsay: What It Is and Why Courts Hate It | Lawyers Without Billboards S2-Ep26

Hearsay: What It Is and Why Courts Hate It | Lawyers Without Billboards S2-Ep26

What exactly is hearsay, and why do courts spend so much time arguing about it? In this episode, the attorneys of Shewmaker & Lewis tackle one of the most confusing concepts in the legal world. They explain how hearsay is defined, why courts generally exclude it, and what makes certain out-of-court statements reliable enough to be admitted as evidence. The conversation covers practical courtroom examples, the importance of cross-examination, common hearsay exceptions, business records, admissions by a party opponent, and the strategic decisions lawyers face when deciding whether to object. Whether you're involved in a legal case, interested in trial strategy, or simply curious about how courts determine what evidence can be trusted, this episode provides a clear and entertaining introduction to the law of hearsay. ⏱️ Chapters 00:00 Introduction 01:28 What Is Hearsay? 04:22 Breaking Down the Legal Definition 06:12 Why Courts Distrust Hearsay 08:03 Jimmy, Porky the Pig, and a Hearsay Example 12:23 When Hearsay Comes In Anyway 15:07 Prior Statements and Witness Testimony 18:22 Admissions by a Party Opponent 22:22 Why Hearsay Exceptions Exist 24:08 Present Sense Impression 26:31 Excited Utterance 28:47 Business Records Exception 31:16 Real-World Courtroom Practice 32:31 Wrapping Up and Hearsay Part 2 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis  🎧 Watch here: https://youtu.be/UyRn2v5SiuI or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Inside Family Court: Judge Scott Kaye Explains What Really Happens | Lawyers Without Billboards - S2 Ep25

What exactly does a judicial officer do in Fulton County Family Court? In this episode of Lawyers Without Billboards, Steve, Patty, and Jimmy sit down with Judge Scott Kaye, one of Fulton County's most experienced judicial officers, to pull back the curtain on how family court really works. Judge Kaye explains the purpose of 30-day, 60-day, and 120-day status conferences, how temporary hearings and contempt actions are handled, and why Fulton County's specialized Family Division often moves cases much faster than other courts. The conversation also explores what qualifies as a true family law emergency, how Zoom hearings changed the court system, and some of the most memorable courtroom moments Judge Kaye has witnessed along the way. Along the way, the group dives into legal movies, divorce stories, bad movies, courtroom decorum, and why showing up to court from your bathtub is never a good idea. In this episode:  ✅ What a judicial officer does  ✅ How Fulton County Family Court operates  ✅ 30-day, 60-day, and 120-day status conferences  ✅ Temporary hearings and contempt actions  ✅ Emergency motions in family law cases  ✅ Zoom court etiquette and courtroom decorum  ✅ Common mistakes litigants make  ✅ Why Fulton County cases often move faster  ⏱️ Chapters 00:00 Introduction 00:42 Meet Judge Scott Kaye 02:57 From Emory to Family Law 05:35 What Is a Judicial Officer? 07:08 Why Fulton County Has a Family Division 09:53 Understanding Status Conferences 11:24 What Cases Judicial Officers Hear 13:15 What Litigants Need to Know About Court 14:00 Zoom Court Horror Stories 15:13 Courtroom Decorum for Attorneys 18:55 How Fulton County Created Zoom Court 19:48 Why Fulton Handles So Many Family Law Cases 20:18 Judge Kaye's Life Outside the Courtroom 21:15 Favorite Legal and Divorce Movies 24:00 Is Kill Bill the Ultimate Baby Mama Drama? 25:51 The Best Judicial Officers in Fulton County 27:30 Memorable Family Law Cases 31:00 Children of the Underground & Family Court Emergencies 33:00 What Really Qualifies as an Emergency? 35:10 The Famous Fulton County 1000-4 Rule 39:50 Fulton vs. Gwinnett Family Court 41:40 What Attorneys Should Know About Judge Kaye 44:05 Final Thoughts 🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis  🎧 Watch here: https://youtu.be/RGv9SBr_N1g or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

Real Estate and Divorce: Protect Equity and Reduce Conflict with Jill Heineck | Lawyers Without Billboards S2- Ep24

For many divorcing couples, the marital home is their largest asset and often one of the most emotionally charged parts of the divorce process. In this episode of Lawyers Without Billboards, Steve Shewmaker, Alexa Lewis, and Jimmy Lewis sit down with certified divorce real estate expert Jill Heineck to discuss how specialized real estate guidance can help families protect equity, reduce conflict, and navigate the sale of a home during divorce. Jill explains what makes divorce real estate different from a traditional home sale, why involving a divorce real estate expert early can save time and money, and how proper planning can prevent costly disputes down the road. The conversation covers everything from drafting settlement language and managing difficult parties to handling occupied homes and maximizing the value of the marital residence. Whether you're going through a divorce, considering one, or simply want to understand how real estate issues are handled in family law cases, this episode offers practical insights you won't want to miss. In This Episode:  ✔ What a Certified Divorce Real Estate Expert (CDRE) does  ✔ Why timing matters when selling a marital home  ✔ Protecting equity during divorce proceedings  ✔ Common mistakes attorneys and clients make  ✔ Handling difficult co-owners and contested sales  ✔ Expert testimony and property valuations in divorce cases  ✔ How specialized real estate guidance can reduce conflict and delays About Our Guest Jill Heineck is a Certified Divorce Real Estate Expert (CDRE) serving the Atlanta area. She specializes in helping divorcing couples navigate the sale of marital property while protecting equity and minimizing conflict throughout the process. 🌐 Learn more: HeineckAndCompany.com [https://heineckandcompany.com/] ⏱️ Chapters  00:00 Introduction  00:42 Meet Jill Heineck  01:45 What Is a Certified Divorce Real Estate Expert?  03:13 How Divorce Real Estate Differs from Traditional Home Sales  05:49 Protecting Equity in the Marital Residence  06:47 Why Earlier Involvement Leads to Better Outcomes  08:22 Managing Difficult Parties and Communication Challenges  10:09 Occupied Homes, Showings, and Court Orders  12:12 Why Divorce Real Estate Requires Specialized Expertise  13:13 Reviewing Settlement Language Before It's Finalized  15:23 Attorney Communication Protocols and Client Compliance  17:25 Geographic Coverage and Working Across Georgia  20:58 Property Valuations and Testifying as an Expert  23:47 Family Law Institute and Final Thoughts  25:13 How to Contact Jill Heineck  25:57 Closing Remarks  🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis  🎧 Watch here: https://youtu.be/TMfSy2SP6hs or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

What If Your Ex Runs Away with Your Child? | Lawyers Without Billboards S2-Ep23

What happens when a parent takes a child and disappears? In this episode of Lawyers Without Billboards, the attorneys at Shewmaker & Lewis tackle one of the most frightening concerns parents face during custody disputes: child abduction by a parent or family member. The discussion explores real-world cases of domestic and international child abduction, the controversial story of Faye Yager and Children of the Underground, and the legal tools available to help prevent a parent from fleeing with a child. From custody orders and passport alerts to travel restrictions and court-imposed safeguards, the hosts explain what parents can do when they fear a child may be taken. You'll also learn how Amber Alerts actually work, why most family abduction cases don't qualify, and what courts can realistically do when concerns about child abduction arise. Whether you're navigating a custody dispute or simply want to understand your rights, this episode offers practical insights into one of family law's most serious issues. ⏱️ Chapters  00:00 Introduction  00:55 What Is Family Child Abduction?  02:15 The Story of Faye Yager & Children of the Underground  07:10 Family Abductions vs. Stranger Abductions  10:15 Real Cases of Parents Taking Children Across State Lines  12:10 International Child Abduction Concerns  13:25 How Courts Can Help Prevent Child Abduction  14:15 Passport Alert Programs & Do-Not-Depart Orders  16:10 Habitual Residence and Hague Convention Considerations  17:30 Why a Custody Order Is Your Best Protection  18:20 Are Amber Alerts Effective?  22:40 Using Bonds to Deter Child Abduction  25:35 Can Child Abduction Ever Be Justified?  27:50 Final Thoughts  🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis  🎧 Watch here: https://youtu.be/9y0vPomVCn8 or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA

QDRO Nightmares: Divorce Retirement Mistakes to Avoid | Lawyers Without Billboards S2-Ep22

Retirement accounts can become one of the most confusing and expensive parts of a divorce… especially when QDROs are involved. In this episode of Lawyers Without Billboards, the team at Shewmaker & Lewis dives deep into the world of QDROs (Qualified Domestic Relations Orders), retirement account divisions, pensions, gains and losses, plan administrator headaches, and the costly mistakes attorneys and divorcing parties make all the time. Jimmy, Patty, and Alexa break down practical QDRO “practice points” that can save people thousands of dollars and months of frustration, while Steve provides comic relief and repeatedly declares this “the most boring podcast ever.” 😄 From pre-approval mistakes to undividable retirement plans, delayed QDRO disasters, and confusion over gains and losses, this episode is packed with real-world insights for anyone navigating divorce and retirement division issues. 🎧 Whether you're divorcing, practicing family law, or just enjoy hearing Steve slowly unravel during technical legal discussions, this episode delivers. ⏱️ Chapters  00:00 – Welcome to Lawyers Without Billboards  01:06 – What are QDRO practice points?  02:44 – Why pre-approval matters  05:41 – Understanding model language  09:21 – Retirement plans that cannot be divided  10:50 – Gains and losses explained  15:17 – Problems with old valuation dates  17:17 – Why lawyers aren’t financial planners  20:35 – Doing your homework during discovery  23:22 – “Troublemaking provisions” to avoid  24:15 – Why parties should always review QDROs  26:30 – Steve declares this the “worst podcast ever”  27:29 – Closing thoughts  🔔 Subscribe for candid conversations about family law, relationships, and the legal system - without the billboards. 🎙️ Hosts: Steve & Patty Shewmaker, Jimmy & Alexa Lewis  🎧 Watch here:https://youtu.be/NcprnTFIObQ or listen on Spotify, Apple Podcasts, Google Podcasts, and more. 📩 Contact: pshewmaker@shewmakerandlewis.com [pshewmaker@shewmakerandlewis.com] | (770) 939-1939 🌐 Website: https://www.shewmakerandlewis.com [https://www.shewmakerandlewis.com/] 🎧 Podcast Library: https://shewmakerandlewis.com/lawyers-without-billboards [https://shewmakerandlewis.com/lawyers-without-billboards] 🎼 Music by Ben Hernandez – Dragonsong Productions 🎥 Produced by: Bleeding Edge, Inc. [https://www.bleedingedge.tv/] 🎬 Audio & Video Production: Rob Burgner 📍 Recorded at: Shewmaker & Lewis, Atlanta, GA