WWL>Topics>>04-09 9:10 am All Things Legal

04-09 9:10 am All Things Legal

Apr 9, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

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 guests 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 were backed exits Albert because you can result in legal power numbers to use call 260187. Texas. 87870. Stay tuned for I think Tom Fitzmorris is going to be on. Or. He's a bit French Quarter pass from TNT 12301230. Pregame super LSU Arkansas robbery game 1 o'clock first pitch. Now we were given advice. To callers. About how to call our show and give his attacks. Point to give you it buys on Tom Fitzmorris show. If you call. Do not ask for what's best two day. In this city walls. With this one who. He knew he doesn't like that course. Has ignited it loses yes so don't ask the net we. You know why. Aren't fast we've got it anyway. Why not because there I mean boom phase or. Sometimes part of our culture. You know remember cabbies in the Hilton had a great for eight years ago we cabbies existed there of course they've been replaced by the fine drug fresh. But. You know I know that the Intercontinental had a great buffet. Among brunch buffet and we're not talking about these you know little Asian to phase or. All you can the Golden Corral kind of things talking about the more. You know white tablecloth. You know champagne brunch. Buffets. I think that would be. A great part of of his show on to why he wouldn't you that well I think he's through atomic fuel listening call and tell us why you don't you don't do that I mean the. I can do ratio. On investment phase in new laws for seven dolls on the pocket two hours on that the Pentagon hours upon hours. It you know on this mama palate it is. Problem its diverse as the cars these guys guys got the less sophisticated portion. As wells dumped on them the best whose world is is this is volume. Is up and yet. There. It's and we've got a call from Sean hey I've shown today we've gone from the future show on. Haitian on your on haltingly with text in there and over Nikko. Good morning yet to some questions got a question or you. I'd prepaid and it's Ernie. Aura civil case I married a woman who was previously married before. A matter who had a child her husband. What do. Yesterday. Of that child and child support went 86 team it was an obvious attempt to get out. Haven't paid I didn't want article in the court representational. Art and attorney. It drug on her about her or months I was leaving town my business. Not going to do it so I went to that attorney that we hired representation and asked him what would cost. Reviewed go to court when this thing goes to court and an idea probably don't operate that way our money there will be no issues. He gave me a pretty round bigger when I don't prepaid. Her husband drugged and out on the phone toting. This has cost me money optimum business it technical work our drop at our I'm gonna go after deeper. This being hampered the list. And he judo that while his attorney contacted my attorney they dropped the K I little we built by. I didn't hear from my attorney I went back to him and it hey you know. The case was dropped he did not have to recruitment or art prepaid or the court I've got a handwritten receipt that you respect and it gave me that. The money I pay you for this trial that political action and I have my money back. Never got to act now I'm not chasing that this was or five years ago Roy the learning to learning lesson. Look for people to help me out and I couldn't get an attorney developer what are their own life. I'd like let's how much how much money we're talking about. It was an arduous rough around the 3500 dollar area. That's why. We know about you that's going to be very difficult for an attorney to get involved. And make a malpractice claim against another attorney for 3500 dollars property that is small plane cord you can go to the other thing is would do was there. Backing it up a little bit was there a contract that was signed for that money. In other words he hears an hourly contract I'm gonna send you my hourly bill showing in increments of however many minutes. Will work I did how much it cost the united position of the court cost success. Was it that you can't. Nothing in stone McConnell worked his assistant how to work it out there. Broke down verbally indeed a note the trip to court the trip the article are the Ahram. That they would've been bested in the court case came up around bigger and art but okay at this particular that the typical though are handled it. The main the main body of Arctic air right now. What about what about Billy the document your wife solid and she's signing contract with the attorney. Four on an hourly basis which is typical of these demands are. Represented. Our. Food so he should have he should have honored that agreement. And continue to provide you with. The with with attorneys the statements. On billing statements for. That work that was done after. You know you've got involved you paid him 3500. Illicit 3500 dollars is is you know depending on the hourly rate the court cost involved in the mode you know do. It could be all justified but the fact is your attorney whose view an item is station. Of those charges it's too late now it's you've got thrown out only three years to sue an attorney from the date of there. Malpractice if there is malpractice so. Look at what went up or intent is to just one on our. Something that pre date that these. Well what it thinks she can do is just like even with contracts when you hired attorney get in writing and usually the contracts say an hourly fee right they'll stay with the retainer is. Have a statement if there's any money left over. That the retainer will be to return there will also be a statement stating the terms that you need to pay an additional return and a right and usually which he which is best to be done is just asks for the attorney to get a monthly statement and so that you contract cop how humorous how Heidi money's been spent. Every every week I did indeed give that up to appoint. Where. Its server are no longer need now are now that the. That did the statement exceed what he would pay you think. Hitting it right candidate that may or. Or a court case that income exploration. When that self at that would be self evident. If if they made the payment right the other the other side of his Laura Mason who looked as you know we worked on this for on an hourly basis you came in we agreed on a flat fee. And whether it got dismissed today whether we had to go to court. You know 3500 dollars was the amount and I would've taken it up to the Supreme Court and I. Had to do that for the 3500 dollars and therefore we negotiated this flat fees so whether I made a phone call and got dismissed. Or went in went to trial went all the way to the Supreme Court got dismissed. The 3500 dollars was the fee for service. And that's the other thing you could be looking at home and at the end of the day you got it dismissed so. Anyway but in terms of finding an attorney the reason I think you couldn't find him attorneys whose. It was 35 million dollars or 35000. Dollars even. I think an attorney might have been more interest in representing you. On what's called a contingency fee basis to try to go after the other attorney for you know with the amounts due. But in this situation. 3500 dollars is just real hard to get an attorney to. To take the case especially against another attorney. War epics at a price business. Where it's not ethics it's just it's it's hard to you know prove that case. You know win win the facts of the fees situation or a little ambiguous. You know you're not certain you're going to you know and again if you do it on a contingency basis for a third. You're looking at getting 11100 dollars to possibly go to trial law trial case. Issue discovery and you all these things it just not financially worth now going after some. There's one alternative is in in our contract we put it is that you can get a con. My which are contracts saying if he do you have the dispute. There's a program to Louisiana bar association that will resolve that the dispute and there are basically an arbitration arbitration is a very good program. And so that would be another other advice for you know. Respectively for clients as they can had asked for a line which and look who we have we go across ways spores are fees right. I'd like line which in near San Louisiana bar association. With was resolved is the UN have to hire an attorney. Right person you could just haven't resolved and that test exactly you. Go you contact the bar association they actually appoint a lawyer that's on staff that understands both sides of it. And you know you present your case the lawyer will present their case in the arbitrator returning will say well you know I think. You owe this much money back or you know it was fair or you owe it all back to whatever the case may be based on the facts. But thank you guys for taking the current economic or don't have a really good. All right Jeff George army all right let's go to break that neatly with all things legally back that is pre come tailback text there Albert equally Wii controllers all things legal or we get it man I figured out there's a 145 days to opening day relish use. With balls it's on start the countdown now I'm I'm not going to be weekend. I'm being used Yugo and I'm calling are calling you from. From. That's Texas. Texas Houston's go out want nothing will stand as decent draft projections that report. Would be on the board ones stress. Pop some bright may be hot. Button would be very interesting he's on the board the saints or. A Thomas. Well it gets back to what you do do you pick the best player available but he draft for need you deepest. All right. I thought it was gonna par laws that ban aiding and all things they attacked concern over Nikko. Good morning. My Margaret Mary Martin grow. As we would have required your intent then now current XP that didn't. Bush thank you want to thank Leo. Two. Cutler children. Who are our appeared done. Well it depends on the degree of dementia. You know. He can you hold 12 we earlier there are. Expensed in the degree of dimension. You know. Actually there's a provision in the in the code procedure for food videotaping. A session with a client. Prior to. Executing will. And you know what happens with these and doctors can testified that it usually that column. People have lucid intervals they have moments where their line him and other moments where they can't remember what they had for breakfast in Toronto. I don't know you know wait what stage of dementia you mother maybe Ian at this point. There. Estes now I would gave some advice. And assistance came from the dancing case then if you going to do well. In modify it I would do it on the same day she Cesar doctor. So which you could do to be a couple of things one. Because of the Ternium videotape which we ought to do than what we know there's going to be a problem right yet the attorney videotape. The making of the well. On the signing of the will marine well. Aren't you know going over the terms of the way all right. The second thing is. Bring her to the attorney. On the same day that you see our doctor and say look. I want to check out to see whether she's she's there today that he has the cognitive capacity. To make a well. Now what you do to put that opinion in a report in your medical records of that. Wind she does it. We will have a medical record to show that she had that cognitive capacities that it's a very interesting. Concept because what happens is. They have pockets a recall is what they call it which is lucid intervals that he noses. Sometimes depending on the degree of dementia or alzheimer's. There all there ten minutes or not right and if you catch him during a time period where they are all there is a doubt well. We've we've had in situations where an elderly person change there well then I would interview I'd interview room. In the room by themselves I would make me everyone else leave and I would sit down with that person. Sometimes I would bring my witnesses in depending on what was in it to be done. Meaning you know months my staff. And interview them and asked them what would is today's date would years who's our president. You know how many children do you have. In all of the things that they're going to be placing in this will. I wanna know that they know that that there and pin you wanna change you will why do you wanna have Susie get money instead of Janie. And you know will go to you know Susie he's been living with me she's been taking care of me she brings me to the doctor I haven't heard from premium five years you know so. I get a feel that. This person the 95 year old wants to make this will and it is not being persuaded by. Their children of one of their children or are an LC and two or do what they want them to do. Now let me ask you this day and what would visit that she wants to change on her well. Q what equipment to children currency in the current quarter but are there because. They're back to my broker. And Mahan and ridiculed pretty bad. And that would be good when you interview when the attorney would interview RC why do you wanna change you will Iraq and who gave that explanation so that one time com says explanation will be contemporaneously. Cole right. In your mother's own words and you know it's it's it's it's a very. The big whether you are you setting. Self up because if it's a substantial amount of money goes airs may want to challenge the will and the challenge the capacity. Of the test Stater at the time. And that's why I think Doug devices could bring that you bring to the doctor that day. And then let her you know speak with a doctor and let the doctors have proper level that put it in his report that. No we've just feel confident that you be capable of executing a will that. You know will dictate what her wishes are. At this time so. Executives Africa they played bad but they want total of the yet been. Well which she can do that I wouldn't it would recommended but it is possible she can write. What she wants to do I wanted you know dis inherit these two people because of this and leave them nothing. Sign it at the bottom and data in her own hero writings you know witness cars. In it would be valid that would but it would just be a little harder when it comes to on proof. That this is in fact are well suited to be better follows up. But it quickly it can debit card worker or our current. Now now NATO cannot she's got to do it she's got to do matter however memory banks can't. All right we're gonna go to CBS news up state local news it will be back for the last half and are all things legal scene about four minutes hey were bat Texan terror over Nico you weaken lawyers all things legal support and Alan. It is becoming a real issue is floors and wheels because people living longer season. And they in the living longer with impairment and disability in dementia and and there we went through weeklong trial. In a hole Kroll on the capacity. Of purse in the sign in legal document is when does that person crossed the line. Right down right and it's a very subjective. Determination stuff like you can look at X or you can look at something. Objectively. That is gonna say OK it's it's based on. And he and I think the other thing you know Jews. Playing judge if I was the judge. I would actually you know look at the facts obviously look at the medical testimony in the expert testimony but then again. Let's look at the motivation. Let's look at. You know what is being done why are they changing the will would have the trying to do does it makes cents. You know does it look like it is outside influence all of these kind of factors. Would factor into my decision is as a judge or jury if it went to injury. As to whether or not. Just was in fact that this person had the capacity to act to exit Q a will. In was that really that person's intention why are they waiting to open in 95 to do it. As opposed to. You know. 75 or 65 in May be very legitimate reason like dance at will be you know she gave money already evade or they took money from a cheated know. You know some of those are the if that's the case then that's a legitimate reason to produce and perish in that I just. You know there are a lot of factors to factory and and if you looking to have that done even if everything's on the up and up you wanna make sure that all of your base. Although it's all covered. Video doctors' reports interviews by the attorneys absolutely. And there you go. Aren't as good a form Osgood Allen Allen got a question regarding upcoming legislative session hey Alan and all things legal Texans are now we're Nikko. The morning column order to ask a reserve took in the senate or two people have proposed to repeal yeah they'll see. Our recently heard. A speech rights character work you ask them. What the chances of the death penalty being repealed. Any sort slim and none answered the reason is we have a lead or injection pretty sick. Can't get the chemicals. And even they could beat Robert Wood veneer fusion because people were pro jets lead we're injection. As. Cool when you're punishment. So yeah aid by certain of criminal dependents so either in the chair in which we taxpayers Peter Biehl. And you were injured the bears. 80% of which goes to. Apple case appeals. We were at one execution in fourteen years in person volunteered to there. There are to be executed. It to you brought this. Antoinette Perry just been which caught the Hilton. For twenty years in cheese. Probably were going to be executed so like like question as a by. There. Any executions. One at just abolish the death penalty in its seem to be. Reviewed it out. Alan here's the answer. I don't wanna use this term but it's it is feel good lies that legislation. For people that have felt like they're being victimized of people that feel like. Crime has gotten too high and something needs to be done that people should pay for their sins in all of this sentiment out there that. We need to have the death penalty worse it was a serious and strict in in you know that brought that. Death penalty as a deterrent to crime all of these things and I think there are a lot of it's senators and representatives in the legislature that don't want to. Go down that route to changing that to go on record. Voting to repeal the death correct because it's it's a very conservative. State as a whole outside pockets of of more the liberal side with if they're you know. We yeah I mean we vote presidential election two thirds you know outside a whole foods uptown and I hit it and and magazine street and Orleans parish very you've got small pockets around the state where you know the more liberal and in you know would would support repealing it but I think the majority still wants to have so. With stats that I think that your it's as long as you at the top end is that she's been doesn't make sense you know because like you said we haven't done how many years but. It's it's it's yeah it's a political deal. Okay. I'm sorry your wish you know because that's what it's it'll lead in as well. Yeah and then in. And it would with 8% of it depends on dollars during the year goal to. Go to. And it. And they feel like they have to do it Tia effectively. You know represent so. But I appreciate the call Elin and our thanks so much we give you more calls than Harrison online hurry. Harassing you and all things legal over an ego. It is a simple golden street bail remarkable need. Okay who. Bought or treaty. Yes laws. Good to treat it lost six. Our leaders of Barack okay. Can I get a new people want then it's over. Well here's the problem we we've had bad male attorneys on the program in the past the problem is if Euro fine mail. And you you know you back to normal and everything's good in the it was just the short window. I don't that there is going to be awards it's going to take that case. Haven't they can replace the void your body can replace that and I'm not trying to minimize. Your your damages or you pain and suffering. But the fact is it's a very expensive process. To. Handle any medical outcrop is clay and it's very difficult to find an attorney. I'm sorry a name and position that's going to look at something and and determined. That what particular doctor may have done is below the standard of care for them that procedure so. If you were about. I was on who's on what appeared. When I was little and all of. But the fact is had you died from that had a permanent disability or it or had more surgeries more complications. That sort of thing. It's a cost analysis from an attorney standpoint as to whether or not take that type of case. And again you know not not seeing any medical unit they they're gonna spend hundreds of dollars just to to obtain copies. Of the medical records to before they even go. You know OK and so he lost six. You know there's a value to your claim and whatever that value is they're going to look at it but you might be spent in a dollar to make fifty cents as the short version. Yeah well my light bill it'll kill. I'm glad they did daycare is we did you care about to line its output tedious way Ronald I mean Harrison if you did die due in decline. Aurora you know you topic if you had complications it's just there's a value just like the last caller with the with a 3500 dollar. Amount he gave to a lawyer. You know it's going to be very hard for another lawyer to go sue someone for a 35. Airplane also if it's an issue regarding within the six got to risk of their procedure Iraqi mine and all kinds of factors human European they may have done everything correctly that was just part of all right this go to break here on Albert NATO will be right back into history Tom hey we're back let's go to light in round that much callers let's go to Michel's got a question regarding a property sold at auction him Shali and all the -- decks and turnover Nikko. I. And out. And it. Oh. Yeah. The we. Well look I am. Did you get notice of this tax sail through with when you served with notice. That there was going to be attacked sale. Well. You. I'm not talking about tax notices meaning with tax deal. I'm talking about tax notices. Mean noticed that you that that that the there was the taxi it was going to car. Yeah. I guess you would have a legitimate claim to. To have the property. Like back in your game you have to go file suit to court to Baghdad it's probably not a lot of money. Because it was just driveway in the tax is probably pretty close. I would. Try to finding a private investigation firm so content skipped respect for their all over the Internet. You go ahead and help you find out who this person was and where they're located in how to control. I. It. Well the know you've got to be served here yet but closer to the by the sheriff for that that it's going to be doing to assail and it's not just him. You have to you have to have noticed the sale if you don't have the suspect's. Then. You know write us when we got some more expensive round. Hopefully they should have been the address with the assistance office of the person who bought tax taxes would have to listen to. Up. Does send a letter to the two certified letter. Are. You. Know. But again and that's when you that's when you decide okay well it's time to go ahead of vitamin you good file suits and we'd be in its service of their for the taxi it was Null and void and we're gonna removal aka. All right thanks Derrick Low final break Texans are over Nico you weaken r.'s all things legal be right back if his brief time out they were back Texan Terry aberrant because you weaken lawyers Juan. A couple of missed it he can't get us on the phone calls and offers the Bible for 371304. Nikko and necessary law firm Bobble 4837. One real for this go to Sam's got a question regarding. Is this airplane hey Sam you know thankfully wrote a turnover there. It's it's my class action settlement. Would be citizens are timely. Spartan to collect problem adjusting clay. Get down on the board of this entity that. 7000 dollars in damage 1308. Dollars on every shot at a red cross and boy. Too much to go out while the BO rebuilt by house twelve years after that question is after four years. This class action deal which is separate from your damage but to get reimbursed. For. Four times so the board. And as a base it on line. I'm now 4500 dollars. On it and not enough I actually got in on. 16100 dollar of notes one sort of that puts me. And as apart on your program and others that. That simple elements aren't taxable. Number two which as much as well to tell. Don't. Number two why it is buying. Still mild 4501. Actually got 29. Under their taxes on somebody else that's being. Now you can you can use attorneys eases deduction. So every pay you to use as a separate line auction rise in the in your your. The in the class action of Lima to receive in the class action. It was for your damages. In so attacks that should not taxable income would contact whoever did this actually left the note that. More good board on your program and other you know as much so. That's. Think it would get it on the line. There's this issue of the show that payment has been made is not saying that you owed taxes is is is a record of payment has been made. And next time you'll have a lord he would take your case if today in in a property damage claim they didn't today because they typically taken on a contingency basis is not not hourly so you're able court it would just for next on to say you know that all right thanks for the call. All right we're a world where wrap all things legal we'll see you next week beat couldn't be blast and see you next week on Easter on C then.