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03-12 9:10 am All Things Legal

Mar 12, 2017|

Doug Sunseri and Michelle Demarest discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Assessing the person's legal matter often requires extensive interviews to review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorney seemed guest of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice communications with the attorneys on this program with a verbal our digital do not create an attorney client relationship. Hey good morning that is Terry Don Albert NATO Michelle demo assault things legally it's call music so coordinate ebony Texas 87878. Why the shelves here. Albert is. What do you call those ranks with two mated cheese and writing Manning and celery sticks that amount and Mary I'm sure. As which he just like the breakfast right I think. So I'm sure that's. Albert is probably. In the process of get ready for Saint Patrick's Day and as parade. And she we hear about it address. Where does for his the people who are about where he if he needed that degree. Well it's and it's really for Aron. Yes yes so but it's you know says if he he's got. Now he he's. I think he'll be ready for pro position I think so. Month since his head on over there he's he's great cooked and session arranged only count he's very talented and he's got me he's in he's like a Renaissance is demanding he can do a lot of things so. PC I'm just two on your listener and and also he's got nice bathrooms. So we can't afford for afraid for for rates if he look if you just need to go to bathroom walked in the house that are best commonly it's no problem just around accent. And it's not an issues so that's where is today and it opens or hope the weather clears up I think it's supposed to be cloudy but no rain ranked by by parade time so. I think some of the riders. May not notice whether it's raining are not so. Just because they're just so into right and so on there yeah but I'm. I tell you what let's go to what I want to talk about our last caller because he was he he he raised some uninteresting point. It's heated race an interest in points and I understand the frustration that people feel. When they are in this in you know kind of what I call caught up in the system and they really don't understand the line they don't Ana real and I understand. He would not support court is hard. They eat and they edges are are strict about withheld it and it's between not sport court in family court announced for Cortes is. Debbie goes to the State's new deal limits the Galen with this state is a money issue it's a money issue it's holiday but you can have a money issue on the civil side. But what will happen a lot of times at least I can act cases if a mom brings a money issue. On the stateside. And then I'll go to the civil side get the custody order might get shared custody order from my from my that the parents not the father. On and then every now back to the stateside. And I say listen you've done a child support based upon the child living primarily with mom you've got to change it now because they have shared custody. Or a lot of times it but parties agree act he gives put over back on the civil side. But in the problem is if it does go to the stateside to stay using lines and keeping it. But they're not gonna they're not you know give I had a child support award greater then the statue. Well I always say this from animal lead into net phone calls on get too but a wanna leave and this is that you might have a judge. Our system that has 20000 opened Charles port to force cases. In that in that you may have been married or you may have. Children you may have a situation that hasn't been so good over the years. Do you really have an expectation. That it judges oversees five and 101000 cases. There on the walking and reach you file in a span of five or ten minutes in knows exactly. Be a 100% fair about everything now that it and it's it's an an S four but that's what a lot of people expect. And it didn't accept the previous caller he was saying and that the moms Ali seen T you have one up. Well I don't you know maybe 2530 years ago but our law is our law and the law states it is presumed it is in the child's best interest for a joint manic as you say sheared yeah if that's for our courts deal. Our courts start off fine. Happy child needs both parents equally percent of you know percent of the time and she can prove that theory you know situations that don't warrant that. And in fact is it's left to the judge because there is trustees has departed salt pork and again aren't he worked together Aaron and I never had anybody come through a highly contested high conflict. Custody visitation divorce proceeding and say Doug. That was a very enjoyable experience. I enjoyed it I look forward to going through it again and I wish you know I'd you know which is such as great knowing you didn't know you through this process because it was really a heck of a lot of fun. Is not. He's probably what most heart wrenching things you ever go through it in there's nothing that's going to take that away. The only thing that could take that away or mitigate that is working together. Right and you add there's never been a court we have to parent to green dissent than and the court will try to unravel it so if there's a dispute. You really need to step up to the plate and learn how to cope parent and learn how to negotiate. And learn how to have a win win situation. There you go all right let's go to old that's mixing calls let's go to fourth let's go to clans got a question regarding putting up with that. Hey Glenn you on all things legal attacks and Sarah Michelle Dumars. Hello I was owner look. Legal issues on could not an infection now biosciences. My yard and what. You don't want it I want one of my neighbors to go it or you know what what can I am. He can't. Technically people today offense on a common bound boundary. You can ask for carp species from you neighbor under the law. Now. You have to decide whether asking for that contribution. Is. Or it's is worth the maybe lack of discord that will follow. Eric do you make that request. So but yes she can technically under the law. Put a fence up LA. Our boundary and then transferred neighbor for contribution. So. OK so ask him for the contributions he says no. What. You know at least work work work hard won law quote. Army can you can seek his contributions through small claims court or sometime pro Wie who proceeding but. You have the right to doing that just. Now you know now the spores if you at the neighborhood barbecues hamsters it would probably be some. Tension there which we have right. So. So you can do that I mean I'll say this is a matter practicality. I very rarely see it happen. Because it's most people's. Desire to have. Neighborhood harmony. Nervous having. Neighbors audit each other because that's the kind of thing where he says I am report that I expect he paid half fob it. That particular boundary and that they don't wanna do it has a tendency to. Heightened. The distrust between neighbors which you know people have been there homes and. We go all. We get along well now for an hour and it's not the law so and I get a copy of the law cycle law. Well. Just a Taylor gives call 50483713048371304. And Astra Doug. And will will send it to you that. I look if you wanna put of the Fed's probably the pragmatic way would be hey look who wanna put the fans you know want your input on this under the law. You'd be responsible for half of its so let's just talk about how apprentice. That would be probably this way about him are right. Thank you okay let's go to Dixie hate Dixie you know things they would Texans are Michelle members. And Ryan which got Dixie. At the end of the day I want I can't ask about the three year payment on the crew aren't they yeah. Okay. Got a similar question. It'd be legal ruling on the hospital bills that nothing has been paid on them this problem. Probably this for years. This three years from the data service yes Canadian open con it's not mean open account. 333 years the data service. On last. I'm happy for our friend's daughter who emergency appendectomy and she has no money and she has never. I just sent them in Beijing scanning data attributed about. To equipment that and she didn't know it happened so she Roca and his personnel are being in about a year and a half ago. And she's ever pay you anything on it. Study years I have to go now hold a breath trying to a year and a half. That. OK that when she went to the protocol and hard changing. Jewish star is there one. It is look hard cases it. Just aren't just. I'd just write a letter in his right letter this essay that that. Attorneys. Preposition is now are you terminating it and that she asked them to provide a copy of the file to use that week. And Iran Hedo at at that point to attorney will exercising trampoline writes for. Bill for services rendered. Well Fred I'm. I'm like did you wish came true returning that I have now to view. Well I. It. Logic umi calls. This is call 837130. Lord and. He's ever done and a big big these guys man that I need to have it done for ourselves for incident that I. And I work with the need to be done now. Oh okay well that was it you not to change attorneys that because that's which he did issue engaged him. To do that particular service and then he completed and so that's services now discontinued. So that's yeah. Which complicates. You can pick that you could pick any attorney want to use and you would have to notify the part turn out is wanna see that reference and you on them in here. He's going to and I used to. Does not yet what lesson that before I was assuming is ongoing but for wills what you do that will. It's it's that the service is pretty much finished and if you wanna updated Egan and him are another attorney updated either way. All right Dixie. I'm becoming edgy rock. How hard thank you all right let's let's coach Rupp OK thanks that it is appropriate that necessary Michelle there myself things they hold you right back if it is Freetown while they were back there the service of parents all things legal. Yeah this rain. I'm you know it could affect the thing Patrick scurry. You're still worried about that rain now I'm not really but I'm a more of a learn more about LSU which you talk games through baseball. At the beginning game three deaths to be concerned and they plane in baton and donors I think arrangement be clear so. So they they should be okay so that comes on that to clock on the big gates at. About one half hours. So all right let's go to the fall month is gonna Bobby's bed bugs at hotels and Bobby and haltingly to Serbs November's. Commodity. Oh in the future the air. And I'd that it can prolong a while. And my out or vote haven't there be to protect property shall in the at a cop aid. Call around so I actually wanted movies right now without the right as. And very proud of our order. It that the bad. And as a not that but anyway. There Paula I would agent all we care more worried about doctor Jack. I had I'd buy them back on target rations. Seagate a couple of restrictions. They called me about the rain and the doctor came about and as a leader. To another badly burned very accurately. Question is. If they took off from our I don't think it's. I then chic in a charity cool blog as you know Russia like there. Yeah yeah I mean theoretically could seek an attorney. But. Are you could go to small claims court. In Citi I would prob because as. You know. It's. It may not be significant enough there are a lot of attorneys would wanna handle. Soul. You can it's an attorney in use you know if you were in Louisiana it. Go to claims court which would have jurisdiction of five the house now is more like the People's Court as well. The U top pay a filing fee 400 dollars to file a claim in the U show one day and you tell just a teacher your your your position then. NL make a ruling so. I hearing this is. Sacred. I didn't. Oh thank you have to you have to be in Mississippi where it that is. It can't get time now but that whole week. Eddie holds good on the choice. Are we doing it back. On. Her and then much respect the other night before on. Because of the medication straight line. So. What don't it took about trying to make a big deal. On our. Let me let me tell you this limit probably most pragmatic way he's gonna make an offer or an Obama tell you this is my experience. There's usually three final offers he makes a final offer a second final offered a third final loft work out. So watch you probably best thing to do is take his third final offer. When you negotiates a few days he offered you 500 offers you 3000. That he's gonna say in my final offer 750. And go back at 2000. And then he gonna say thousand dollars as my final final offer take that that are probably the most pragmatic advice because when I gave you an offer. And in negotiation that's not all their money. Even day. They'll say it is and they say how difficult is it more money that's only allocated. They use Pringle more money with their offering a guy. So I in the negotiation. I would try to. It is squeeze them for our money and I don't see a lot of attorneys never wanna handle case a must use fresh out of law school with no clients. A. These figures dating early make a big deal. Jail till after the fact that you look I don't know which. I gave you want to move your actual out there were contaminated we have mostly there had been another. Pick the candidate that girl. And they could see that is probably why did out of magic in the UK great you. Know. Well. Yeah I mean that's I mean which you than it is probably not go back to them again Communists it pieces are. Had you have back. But it got more to do it should happen is an academic one to 22. You don't. That thing thanks so much all right well you know also to. You know. That's those are cases. It technically entitled to money and probably I think number one rule for bed bug cases is don't go to hotels that charged by our right that has probably rule number one and number two. You know assists to Shia take care and I guess so. But anyway good luck to the bed bug man and hope he doesn't OK okay so. That's some good advice and negotiation as you go a lot of people are always worried about unit to. They get they left money on the Taylor not know when to take kids all right. So we're gonna go to a CBS news update. They'll go to the local news and we backed. The last half an hour of all things legal also see in about four minutes and will back the terms of their us all things legal. All weekend lawyers and you can also call so law firm of Kabul 48371. Trio war RO ward 371 real warmth show on an offshore. And any sixty point 96 I think what is the clause of the next to the Waffle House. Let's. Let's we had a big bed bug issues and the only other problem bed bugs as day is caller. 966 access. Is. If you bring the dead boat home. That's a problem Powell's remediation very expensive that of that with him we it. Landlord to use our reps the new root mediation process. Affect these these one ounce in college when you're rich coached while work for the roach coach I was say. Exterminator. And does just that it's. They're still around and Iraq go round and and there are great company semi you do. Here are that the chemicals they used. In nineteen policy was it 1980. Gas was this press relishes. They used in chemical warfare now. Picket they would they they use it and Italy's interior us some of the stuff they use that. Now outlaw and you just put men that. Back to mark Karr I didn't have any rodents in my car and a ever after some who must thanks. But anyway there you go that's questioned two okay. The switch we're gonna go from bed bugs to. Co parenting family and that you know it's very interesting. Woo woo each variety is when we get declines in the family law situation who's going through divorce. Is going to be very painful. Very hurtful. Has a lot of years of history in a lot of years of bad history. We try to lower their expectations. Too with touched court can do. Because a lot of people wanna see a judge who's handling 101000 open cases to make it right in make it fair. And undo everything that's been done in a way that's satisfactory. To your client. Which is impossible. Mean even if you had the wisdom of Solomon which we have a lot of good touches on. They're not gonna get it right because. In your eyes because they don't know. Are you family functions on it is if you can't get along we gonna put cookie cutter solution in there that you gonna have to abide by because she can't figure out yourself. We CE CNN he say he used an interest in phrase in your eyes. And what I was trying to tell my appliances. Your reality or perception McCain your reality and there are still many people walking around hit yet. Who's who aren't able to see the other side. And who. Art or or system current control that they don't wanna. In their time manage the whole thing. And that's kind of what this co parenting class says strategic co parenting class is an eight week course. Put on by but doctor Steven Thompson's group out of Hammond Louisiana cop conflict resolutions. We teach it in me and they don't. Summer classes and pass and I get pay it is but senate get paid to do show yes. I'm confident. Yeah it's really a labor of love it's not for the money that's fair share. But it's an eight week course to 821 night a week for two hours and we really just give parents the tools that they need to co parent I Tempe military communication course. And damn if people were required to take a course like this before they got married. We might. We might ease the there at the divorce rate as a sign a lot of divorce costs lack of communication and people just really don't know how to communicate with one or negotiate. And in. A lot of times. The reason the courts. Handle the dispute is because. The parties involved. Can't resolve a themselves. And usually when you do good record there's going to be a winner and a loser. In a sense that right some day communities in someone's going in their eyes lose and some on there eyes is gonna lose. While Cali court one loser. And someone who loses more. We'll let it and that's the nature of litigation litigation is always plane if vs defended Sarah be nice if and our state we can get rid of played it first has defended in really would do what we call inner ray green just in the in the best interest of the child and not have had a winner latest. And just really confess we try to teach or her parents you can comment comment from a win win situation where you really don't have a Larry to our rules. Jon Scott spot give me an example. On how do you you know of a pickle issue that this conflict and how do you. Deal with the conflict in the co parent class as opposed to the courts. Well on the Coke and it's a very class were giving people the tools to come to the table and make that decision themselves let's say for example we have an issue regarding. Physical custody time. And you have you have parents say yeah we have a mom who thinks it's my child. And she should live primarily with me and to see dad every other weekend let dad be at a weekend dad. And what we try to do is get them but it not focus so much and then south to focus on the child's. And realize it that. Their perception that this is my child they need to be changed. And we try to help the parties given the tools to come together because. They're gonna go to court and they're just gonna they gonna give their issue to judge dishes and in and the dishes in another child and and they do like he said ages can give cookie company cookie cutter response or decision. And I. A lot of the courts to not deal with nuances. Of deal with. Issues regarding children is simple south as to where you gonna drop a ball and was a procedure you Sunnis. I mean there's a lot of things that in a co parent clay she could tailor. Specific. Recommendations. To east transitions that the court just doesn't have time to address. Well chances are you that you and I both that. That the amount of cases that are really tried before a judge are far and few between. You wind up China you know pared down a key issues are the judge who gave you her his or her recommendation. And you know what we haven't our line is special Madonna Cust is of the controversial on standard. Says the judge listens to a case and makes a decision and rules against your client. Their clients hard pressed to ever change that again if it deals with costly matter because with the law then presume it is. When the judge hears the evidence. Issues of credibility determination on the witnesses. And that decision is harder to overturn. That if parties come together and make an agreement. Felt all right let's go to break and we got some calls to break that's Serbs shelled their resulting legal we write packing after his retirement or back that since there Mattel cameras all things legal nozzles on the TV watch and he has can break in Russell Brand cooks. It just struck me that decides to play New England next year. So they're playing against in a row we oh via all right well I guess Woolsey. We will see. Our I'm I'm still lamenting Mary get over let's go to valmont this coated. Chance she's got another offense this year AJ and you and all things league with the secretary Michelle hours. I'm at hand and on about the what are what are. You know I can't actually made it. But it op where there aren't. And damage up. And chill while they need out. And it talks on that went on the night. And mama that I would stop and go put out. Eight. Have a glance around all of metal fan. At least eight all right. What day it. Is that story there. Now probably in now now. I. It was. It isn't the common to common sense you know you know both on that pants. So you can't take it down with and without you neighbors consent. Well paid if she paid for it in common and simple man. But erratic but the problem is that law says it's only if it's running close parity meaning that and then. EEP prep. And aren't. All right I think India. While Izzo its view that well. I should sit. Video. And it made in the little fight and die is the problem that the Bradley 120. Tempers. Via ebony. It on the issue right to dog he he knew Tony Soprano could probably do something about it that. Aside from that he's gonna be woken up each morning in and I didn't think I was worried if they add all of that out at them like Ian and with him. Is a dog which one. With that white. Huge area that actually put. Saw when she and bark and the saga entities that know only. With all due respect it's been with all due respect to upgrade huh what a let the quality. Al Alberts sits on delight at the Albert and I know. Albert's assumptions about. If you remember it who pats trained so. Alternating quart bag because now she probably too old. And to know that and probably tool to have like a memory. And and and and natural Alpert you know that's not a very nice thing to say because we're gonna have people call in which he meal did our count reps that he remembered so. And we we issued an apology. India and you don't laugh and Jerry year count at. Right we don't wanna offend are we get around now I know I said that as we always we always joke if she if she was a person she'd be line this week. We define old does like in the nineties. And hundreds Arctic national news it is it is. Below is really really feel like if if you you know Teddy Roosevelt was president and that's that's worked and that they disclose and you know speaking of while we talk about dogs are our neighbor. Com. Did you. Alan Alan and Al. We will let you we are just a product now that he's listened to. Program prod talks we had a contest means in. This process because it roundtree. Well we've we've we've now when we hit the we found a hole that they've gone through that. And not that plus barking at 5 in the morning and Raj. So Alvin would. Her rivers are at it and don't these things that we recommend. To do to our dogs. Annoying annoying it's well. All right let's go to a final break. The necessary showdown resulting legal will be right back after history Tom hey were backed Nixon Sarah Michelle Deborah so all things legal. Caller it's got about a minute or which got force. But it Blackmon didn't get in the Terry at the traveler trailer that we what happened or changed checked from top to bottom. When that tornado came. 70. February. To look into that can't follow what happened that day like it he apparently. Well involved in the wet blanket hanging from the upper part of their lives. Then why did deny it. They did not hit because it lack of maintenance but I can't a lot hall. We can't and so that was a little bit strip. Water here and it was covered with water in its deal. If the opening and a roof was caused by the tornado that supposed to pay for it. It sounds like you have very good claim how much damage you have. On the old saying about how thousand. Did you have a good Klein. If they if if if if that if the damage rose from a windy Dan that caused openings in the trial capsule. And the United States they don't know who mentally and yeah. We will give us on a 37. 83713048371304. We can help with that barber. All right all right all right Michelle thanks for your comments on bank and a panel. We'll see you next week and all things legal.

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