Is That Even Legal?

Attorney Robert Sewell
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The law impacts almost everything we do, several times a day. Sometimes we break the law and don't even know it! Attorney Bob Sewell explores what is legal in today's society by asking experts the age old question - Is That Even Legal? And getting the answers in plain language...while having a bit of fun.

  1. 5d ago

    When is Bankruptcy Actually the Smart Move?

    Send us Fan Mail Business bankruptcies are rising, and it’s not just the big names making headlines. We’re seeing small businesses get squeezed by higher borrowing costs, inflation-driven expenses, and customers who simply aren’t spending the way they used to. When cash gets tight, owners often feel forced into quick-fix financing like merchant cash advances, and that can turn a temporary slowdown into crushing monthly debt service. We sit down with JoAnn Falgout, an experienced bankruptcy attorney, to walk through what actually happens when a business considers bankruptcy and why the answer is often more nuanced than “close the doors.” We talk about personal guarantees and the hard truth that many owners have signed onto business debt with their own credit, their home equity, and their future on the line. JoAnn explains why draining a 401k or IRA to save the company can be a tragic mistake, since retirement accounts are often exempt in bankruptcy, and why early pre-bankruptcy planning can prevent avoidable problems like preferential transfers. We also dig into Subchapter V Chapter 11, a streamlined reorganization option built for small businesses, including what makes it cheaper, faster, and more realistic than a traditional Chapter 11 for many mom-and-pop operations. Along the way, we compare Chapter 7 liquidation, Chapter 13 repayment plans, and Chapter 11 reorganization, plus what “exemptions” mean in real life for everyday assets. If you’re a business owner, creditor, or just trying to understand small business bankruptcy and debt restructuring, this conversation gives you a clear framework for choosing next steps. Subscribe, share this with a business owner who needs it, and leave us a review.

    When is Bankruptcy Actually the Smart Move?

  2. May 22

    Summer’s Here, Surf’s Up…Who Owns the Beach and the Waves?

    Send us Fan Mail A beach looks simple until you ask one question that changes everything: where does private property end and public access begin? We sit down with Mark Massara, a “surf lawyer” who has spent decades inside California coastal law, land use fights, and environmental regulation. From the public trust doctrine to the mean high tide line, we break down why the shoreline is treated as a shared space and why attempts to rope off sand can trigger fast enforcement from the California Coastal Commission.  Then we get into the hard part: climate change, sea level rise, and coastal erosion are moving the coastline in real time. We talk about shoreline armoring and seawalls, why they can protect a home while sacrificing the public beach, and how the Coastal Act tries to balance private expectations with long-term coastal resilience. If you’ve ever wondered why “just build a wall” is not a clean fix, this conversation makes the tradeoffs brutally clear.  We also bring it back to the water. What happens when surfers collide, a board gets away, or someone ignores lineup priority? We walk through surfing liability under negligence principles and the four core rules of surf etiquette that keep people safe. Finally, Mark shares the conservation shift he’s seen up close, including why removing kelp wrack can hurt shorebirds and how groups like Surfrider Foundation and Save The Waves protect both beach access and coastal ecosystems. If you care about surfing, ocean conservation, or California beach access rights, subscribe, share this with a beach friend, and leave a review.  Be sure to take a look at these organizations mentioned in the episode.  Save the Waves- https://www.savethewaves.org/ Surfrider Foundation- https://www.surfrider.org/ Operation Surf- https://operationsurf.org/ Me Water Foundation - https://www.mewaterfoundation.org/ Waves of Impact- https://www.wavesofimpact.com/ Surfers Healing - https://www.surfershealing.org/

    Summer’s Here, Surf’s Up…Who Owns the Beach and the Waves?

  3. May 6

    The Battle Over Groundwater Rights

    Send us Fan Mail Arizona’s housing growth just ran into a question that’s bigger than any one subdivision: who gets to change the rules for water, and how? We sit down with Phoenix water law attorney Michele Van Quatham to unpack a trial court ruling in Home Builders Association of Central Arizona v. Arizona Department of Water Resources, a case that turns on the 100-year assured water supply program and the power of agencies to shift policy without formal rulemaking. We walk through how a developer typically qualifies for a 100-year water certificate in the Phoenix Active Management Area, including the groundwater “physical availability” analysis, hydrology studies tied to specific wells, and the 1,000-foot depth-to-water standard. Then we dig into the conflict sparked by the new Phoenix AMA groundwater model and the resulting pause on new determinations. The key legal issue is administrative procedure: the court finds that expanding the “affected area” to the full regional model functions like a new rule of general applicability, which requires public notice and the Arizona rulemaking process. From there, we connect the courtroom fight to real-world water policy and planning. We discuss a second lawsuit challenging a program that effectively demands 125% to 133% of water supplies, the limits of Colorado River and Central Arizona Project water for replenishment, and why “new water” quickly becomes expensive. Finally, we explore practical paths forward, from advanced water reuse and direct potable reuse to desalination concepts and the complicated water footprint of data centers once energy and cooling are counted. If this conversation helped you see Arizona groundwater management in a new light, subscribe, share the episode, and leave a review.

    The Battle Over Groundwater Rights

  4. Apr 8

    Can AI replace Human Counsel?

    Send us Fan Mail ChatGPT can draft a motion in seconds, but what happens when the motion is polished nonsense and a real person signs it? We bring on Eran Kahana, a practicing attorney and Stanford Law School research fellow, to unpack a lawsuit that claims OpenAI caused harm by enabling AI generated court filings and effectively “doing law.” The story starts with a settlement, a case of buyer’s regret, and a flood of ChatGPT fueled motions that leave courts and opposing parties paying the price. From there, we dig into the heart of legal AI ethics: hallucinated case citations, confident sounding errors, and why “it passed the bar” marketing can create dangerous expectations for everyday users. Eran makes the case that the better frame is often product liability, not unauthorized practice of law, because foundation model developers knowingly ship tools that can fabricate authority while still sounding right. We also talk about the practical reality inside law firms, where AI can save time when used for brainstorming, but can create real exposure when lawyers treat it like a research engine. We close with the consequences and the future: Rule 11 sanctions, professional discipline, looming malpractice claims, and whether malpractice insurance even covers “delegating judgment to a machine.” Then we zoom out to AI governance and guardrails, including the idea of jurisdiction aware restrictions and stronger refusal modes for legal conclusions. If you care about legal tech, generative AI, and the future of legal practice, hit subscribe, share this with a lawyer friend, and leave a review so more people can find the show. Although AI is not ready for the courtroom now, Eran says just wait. We won't even recognize "justice" a decade from now.

    Can AI replace Human Counsel?

  5. Mar 16

    Injury Lawyers Advertise EVERYWHERE...Is That How You Should Choose?

    Send us Fan Mail Arizona changed the rules of the legal game, and most people have no idea it happened. When the state allowed alternative business structures, it opened the door for non-lawyers and private equity to have ownership stakes in law firms and to share in fees, a shift that sounds like “access to justice” on paper but can reshape incentives in the real world. We sit down with Nate Preston, managing attorney at Warnock MacKinlay Law in Scottsdale, to unpack what we’re seeing on the ground in personal injury law. We talk about the billboard boom, why “volume” settlement practices can quietly drag down what injury victims take home, and how insurance companies use reputation and data to decide which firms get serious offers. If a firm rarely litigates, adjusters know it, and that can change everything from the first demand to the final number. Nate also shares concrete stories that show how much money can be left on the table when a lawyer rushes a case: evaluating ongoing pain, timing medical treatment, and digging into underinsured motorist coverage and household policies can turn a small settlement into a life-changing recovery. We also shift to emerging accident trends, including e-bike and e-scooter injuries, sidewalk defect claims against cities with strict 180-day deadlines, and what driverless cars and accident avoidance systems mean for evidence, discovery, and fault arguments. If you want a clearer way to choose a personal injury lawyer in Arizona and avoid getting sold by marketing instead of skill, hit play. Subscribe, share this with someone who needs it, and leave us a review so more people can find the show.

    Injury Lawyers Advertise EVERYWHERE...Is That How You Should Choose?

  6. Feb 13

    E-Bikes, Kids, And The Law

    Send us Fan Mail A quiet neighborhood, and a pack of teens flying past on throttles—what looks like summer freedom is colliding with a fast-changing legal reality. We unpack the e-bike surge with criminal defense attorney Russ Richelsoph, cutting through confusion about what’s truly an e-bike, what’s an electric motorcycle, and how cities are drawing lines on speed, sidewalks, and rider age. If you’ve wondered whether that “bike” needs a license, plates, or insurance, or why hospitals are seeing daily injuries from these crashes, this conversation lays out the stakes with clarity and real-world examples. We break down the three-class system many states use—Class 1 and 2 capped at 20 mph, Class 3 at 28 mph—and explain why machines like Surron-style electrics are often not e-bikes under Arizona law. Rust walks us through where kids can legally ride, from sidewalk rules that change by city to local helmet mandates for minors. We also talk enforcement: officers checking factory class stickers, issuing citations, and even impounding unlawful bikes. The safety angle is stark—20 mph is advanced cycling speed, especially for distracted teens sharing narrow sidewalks with pedestrians and driveways with turning cars. For parents, the hidden risk is civil liability. If a child injures someone, attorneys may target the adult who bought the machine, arguing negligent entrustment. We outline practical steps to reduce danger and exposure: verify the bike’s legal class and top speed, learn your city’s code, require helmets and lights, teach right-way riding and stopping, and call your insurance agent to confirm coverage under homeowners, renters, auto, or umbrella policies. Smart boundaries and the right gear keep the ride fun, safe, and firmly on the right side of the law. If this helped you navigate the e-bike maze, subscribe, leave a review, and share the episode with a friend who’s shopping for a “bike” that might be a motorcycle. What rules does your city enforce, and do you think teens should need training before riding? We’d love to hear your take.

  7. Jan 13

    Can A Forged Deed Cost You Your House?

    Send us Fan Mail A forged deed, a ticking clock, and a court that says the fix belongs to lawmakers—this conversation goes deep into how Arizona’s property laws shape real lives. We walk through Dominguez v. Dominguez, where a recorded deed alleged to be forged collided with a five‑year statute tied to property tax payments. The result is unsettling: an elderly homeowner can lose title if fraud isn’t challenged in time. The concurrence even warns that this reading could become a blueprint for deed thieves. We unpack why the justices still chose restraint, applying the statute as written and pointing the finger at the legislature to close the gap. Then we pivot to Aroca v. Tang Investment, where the court extinguished a deed of trust after the limitations period on the underlying debt expired, rejecting the idea that liens can linger forever. If a lender sleeps on its rights, the lien goes too. That may sting in post‑crash scenarios and for second liens, but it brings certainty to chains of title and aligns with broader policy around timely enforcement. Together, these cases show a consistent philosophy: courts interpret law; lawmakers set policy. If the rules enable deed fraud or crush lenders, the remedy is legislative. We share practical steps you can take now. Homeowners and families can set up county title alerts, keep tight control of original documents, watch tax bills, and get counsel at the first hint of title activity. Lenders can audit dormant notes, calendar deadlines, and streamline enforcement so claims don’t die on the vine. And for those who want change, the path is civic, not judicial: advocate for a discovery‑rule fix to forged deeds, stronger notary standards, and better recording notice. If you care about protecting homes, cleaning up title, and keeping courts in their lane, this one’s for you. Subscribe, share with someone who owns property in Arizona, and leave a review telling us which outcome you’d change and why.

  8. 12/08/2025

    Office Romance: Policy, Pitfalls, Protection

    Send us Fan Mail A viral kiss cam, a CEO resignation, and a very public reminder: office romance isn’t rare - and it’s not harmless when power, pay, and promotions are on the line. We dive into the real legal and cultural risks with employment attorney David Weisman, separating sensational headlines from practical steps every company can take today. We walk through why the riskiest relationships are supervisor–subordinate pairings, how undisclosed romances turn into conflicts of interest, and why “consensual” can change the moment a breakup happens. From the McDonald’s and retail leadership cases to everyday teams in hospitals and service industries, we unpack how favoritism—real or perceived—triggers complaints, erodes morale, and pushes good people out. David explains the role of a clear fraternization policy, what a consensual relationship agreement (aka love contract) actually does, and the nonnegotiable move to end reporting relationships when dating occurs. Policy without practice is a liability. That’s why we dig into scenario-based training that sets boundaries employees can remember: one respectful ask, no means no, and never across power lines. We cover documentation, graduated discipline, and fast, fair investigations that protect people and the business. If you lead a team, work in HR, or just want a healthier workplace, you’ll leave with a playbook to handle relationships transparently, reduce risk, and keep trust intact. If this conversation helped you, follow the show, share it with your team, and leave a quick review so more listeners can find it. Got a thorny workplace question you want us to tackle next? Send it to producer at evenlegal.com.

    Office Romance: Policy, Pitfalls, Protection
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About

The law impacts almost everything we do, several times a day. Sometimes we break the law and don't even know it! Attorney Bob Sewell explores what is legal in today's society by asking experts the age old question - Is That Even Legal? And getting the answers in plain language...while having a bit of fun.

Information

  • Creator
    Attorney Robert Sewell
  • Years Active
    2020 - 2026
  • Episodes
    112
  • Rating
    Explicit
  • Copyright
    © 2026 Is That Even Legal?
  • Show Website
    Is That Even Legal?