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. Sep 25

    When Confessions Stop Being Confidential In Court

    Send us Fan Mail A secret only helps you if the law agrees it’s a secret. We sit down with Spencer Schiefer and Russ Richelsoph to break down three recent Arizona Supreme Court decisions that redraw the lines around confidentiality, privilege, and mandatory reporting, with real stakes and very real consequences. We start with clergy penitent privilege in a criminal context: when someone tells a pastor about a serious crime, what actually stays protected, and what becomes admissible evidence. The court’s new four-part framework turns on specifics like whether the statement is a true confession for absolution, who counts as clergy under that faith’s rules, and whether the communication happens as part of church discipline. We also talk about the practical side: why informal settings and “damage control” talk can destroy a privilege claim, and why you should understand the difference between spiritual counseling and legal protection. Then we move into divorce and custody, where people often rely on a parent or best friend just to get through the process. A new standard makes it harder to keep attorney client communications privileged when a third party is present, even if everyone signs confidentiality paperwork. We explain what “objectively necessary” might look like, why the burden can land on the client, and how this could change day-to-day strategy in family law litigation. We close with the toughest policy question: clergy reporting obligations when child abuse is disclosed, and the confessional carve-out that can block liability for failure to report. If you care about legal ethics, religious liberty, victim protection, and how courts balance competing rights, this conversation will stick with you. Subscribe for more, share this with a friend who loves legal deep dives, and leave a review so more people can find the show.

    When Confessions Stop Being Confidential In Court

  2. Sep 4

    Who’s Watching? Flock Cameras and Your Constitutional Rights

    Send us Fan Mail Your license plate is not just a number, it is a key that can unlock a timeline of where you have been. We sit down with Robert Fromer, a senior attorney at the Institute for Justice, to unpack how automatic license plate readers (ALPRs) including Flock Safety camera networks collect vehicle data at scale, store it in searchable databases, and create opportunities for both error and abuse. From stalking scandals to misreads that end with innocent drivers pulled over at gunpoint, we focus on the real world costs that rarely show up in glossy “public safety” sales pitches. We also get practical about the Fourth Amendment. We connect modern surveillance to Kyllo v United States and to the Supreme Court’s recent geofence warrant ruling (Chatry), which wrestles with the dangers of pervasive, retrospective location tracking. The core question is simple: when government can cheaply map long term routines and sensitive visits, should that power be treated as a search that requires meaningful judicial oversight? Finally, we shift from theory to action. If your city is considering ALPR deployment, we walk through what to ask at public meetings: camera placement, data retention, who can query the system, what approvals are required, whether audits actually happen, and how funding can bypass democratic accountability. We also look ahead to facial recognition and even national security risks when surveillance credentials or data leak. Subscribe for more clear legal conversations, share this with a friend who cares about privacy, and leave a review to help others find the show. Where do you think the warrant line should be drawn?

    Who’s Watching? Flock Cameras and Your Constitutional Rights

  3. Aug 6

    Where There's a Will, There's a Way

    Send us Fan Mail You can love your family and still leave them a legal mess. We sit down with attorney Eileen Spangrud to talk about the most common reason people avoid estate planning: it feels like inviting death into your calendar. Then we flip the frame. A will is not a superstition, it is a practical way to protect your spouse, your kids, and your future self with one clear set of instructions. We walk through how a straightforward will process works, including the kind of questionnaire that helps you list assets, name beneficiaries, and choose an executor. From rare collections to charitable gifts, we explain what you can control and what happens when you do nothing and let intestate succession laws step in. The surprises are real, especially for second marriages and blended families, where “the state’s plan” can force outcomes you never would have chosen. Then we get into the traps that cause the biggest probate fights: outdated documents, DIY and holographic wills, and beneficiary designations that do not match your will. We also zoom out to the rest of a complete estate plan: financial power of attorney, healthcare power of attorney, a living will, and an advance directive so your loved ones are not left guessing about money or medical choices at the worst possible time. If you found this helpful, subscribe, share it with someone who keeps saying “I’ll do it later,” and leave a review so more people can find practical estate planning guidance.

    Where There's a Will, There's a Way

  4. Jul 24

    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?

  5. 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?

  6. 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

  7. 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?

  8. 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?
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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
    115
  • Rating
    Explicit
  • Copyright
    © 2026 Is That Even Legal?
  • Show Website
    Is That Even Legal?

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