WWL>Topics>>06-04 8:10 am All Things Legal

06-04 8:10 am All Things Legal

Jun 4, 2017|

Albert Nicaud and Jeff Siemssen 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 reviewer 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 attorneys and 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. A good morning Nikko Dirksen serie is off today Jeff scenes and one associates in our office here with us today graciously gave up his Sunday morning to come. Come chat with us this morning. You can give us call it to six or 187 or recruit final four or you can text us at 8787. And we will answer you legal question and you won't get a bill good morning Jeff how or you borne out. On his pleasure be in with yeah I hit it come when you really mean. Absolutely. Tigers baseball and in Jeff's L issue alarm though she tiger and I missed it yesterday I was preparing for my son's. Graduation party which haven't poured on Tuesday but apparently supposed to cross bush is going to be across what was apparently there's some. Bacteria and ponds or something in in a lot of the on around the state and so whose bonds have been clues in them via the ponds. You know. Really selling crawfish fraud. Is as the next yeah. What does that mean as far as parade route actually out locked out I was able to get him 229 a pound which was you know they were below two dollars. Last week. Com and then I ended up getting. Grams entrant as well so a lot of options did you use your crow Asia. Use mark Roth to Japanese and they're going to the West Bank seafood laden and what we go. I just love going it's it's it's a lot of fun everything's right. Usually obviously substantially cheaper than buying things in the world. And they'll cut deals with you if you by volume and things like that the crawfish look they looked OK they weren't too hard you know two solid all the good stuff. But I'm Zaria I in erupted anew wanted to and you you're chomping at the bit to to talk LSU baseball. I think at that he states are now you you have to be happy with that they they have not played their best baseball analyst who diss bush. Tuna all that matters to me you guys who games to win Warren city Gates's next. And and skewed Watson did they will be hoping hosting super regional that's correct me if they win well I usually am assuming that they weren't at the right will be in the next game is win. It's an 8 o'clock. No winner out of rights and southeast. You in southeast and lost last night Rezko issues that. As for a yeah I mean they'd be they gave no shared in the good. But this this freshman Q Watson. I mean he says it is he's six for twelve were six for eleven. And four runs in two games mean. Unbelievable yeah. He's a 160 pounds. He gets a daily. That's all you need the same thing with golf news yet these golfers it's about hit it right course drink. He obviously has vote. It's good. So Newt you. Working in our office we do a lot of our our construction. Litigation construction law. Got to put you on the spot what are some of the things that you see people do. That. You wish they hadn't done there and come to see us before they did. But that typically out that's always wildly you have our clients. Come to us after the fact and who what I mean by that is that. Clients. Always are hesitant of hiring attorneys. Prior to entering into their contract or lack their own apartment and that's the problem is that the either don't have a contract written contract or they just sign whatever the contractor gives them assuming that. While this is what it is and kidney issue well. Everything's negotiable. If you really really need to use is attorney. We hired him. I just went through a similar situation. Someone who. Is building a new house. Then called me up and who just talking about it. Yep exodus on the contract to send me contract. You know and indices. Well. His contractor's contracts what does. So one sided. He had. The homeowner. I'm fine him for any damages that occurred while he while the contractor. Was performing work. Likely to me that's supposed to be the opposite in so went through and when I'm telling you. There was more or more red lines in this contractor in the world black tight. That he answered there and he accepted everyone. Could he knew. What he presented there was was not. So. Anyway we just it's just a boost of short lesson. You know people think like you said it it's not chiseled in stone. It's a contract and it's negotiable listen Aachen agreed to this but archaic that people think that. All they can really negotiated perhaps the price. Which dome. Which yes certainly most are most times is negotiable but. You know unless it's what can be contract or something like that though. You release we see it a lot in and you know it's so much less expensive. War someone to come in a review this list negotiated the deal together. Even if it means you walk away. Lycra yet to book is out Otto on the wanna take that risk if something happens. And all of a sudden everything's in your favor than I've got to keep working or I've got to do this got to do that will lose money. So from it's it's. It's worth that you know any pending LC to. A little later and though in a lot of people deal to us and the united fans and remember how redundancy I've done it. I've done it myself and across somebody and then they come in with a vick's my total war about that will take care that it will do this will do that. Eight here's good ways to I have we have people calls on Tom and our contractors and subcontractors. That. Oh man I just did the deal you know as a handshake deals that mean you really need to have a conscious sure. Who works for instances such as that homeowners sauces contractors and subcontractors. And knew we represent everyone and my if it works smoothly. Oh absolutely and then the other the other side of it is. The scope of work I mean ages it's such as construction I mean it's everything yeah you go into business with you brother. Right now he's bove wrote these wonderful alarming. And you know all of us and we that's all says you know you get into a conflict in people accuse. Or not trying to to screw the other guys that you stages. Don't remember the B remember one way you remembered and otherwise so. The more you can give him riding in them and define the relationship and to fund what's supposed to happen if this happened. And that's the other figure I'll meet with people all the time NC you know a new. You think lawyers or you know so negative and so you know whatever but it is our job. Two as they would if your listeners. Let's look at that worst case scenario in NC oh OK would would if the company. He is going to go out of business would if you don't have enough capital and looking at the that you bills. What are we gonna do how we going to dissolve the company's how weak and rotted off Powell we going to column. Pay those bills you know or are we going to bankrupt the company would. You know what are the things that you know who's gonna come up with money you know two partners in 5050. Coming up with another 20%. And title and is it yet so low and does that mean the other the other LLC member house to come up with and get 20%. Let's go to phone Melvin got a question about contracts. Let me do this Melvin let's go ahead and we're gonna go got to take a quick break and go if you wanna hang on the line you can if not I'll address to cut your contract question we get that Albert Nikko Jeff seems in this is all things legal will talked in a few minutes or back. We just lost ago when we had over and on the line though we've had a question. He's contractor and wanted to know about them filing contracts in recording contracts. As well as lien law for filing liens on people's property of state party. Thumb basically if you contract. Exceeds 25000 dollars in. You must. It over back okay. Hey thank you note yes and if you're contract rove and exceeds 25000 dollars in value. You'll required as the Contra not the subcontract as the contractor. To file that contract. Indian mortgage office in the parish with a work is being done. And while calling notice of contract you have to file the whole contract but basically there's some. Some items that have to be in the near the data the contract eccentrics and in the in the amount of the war. And it only if you're the general college only if you the general contractor. Quiet on the east Contra correct and that is that forum that I get from McCorkle hole. And now it's if it's Dave Dave vary. You know weakened prepare something for you that didn't work. The problem with the it is you have to adequately describe. The property. And so you need to put a short property description in the Contra meaning I'm. You know that certain portion of ground relies square yet ranges as the manager can't just give the address and you'd have to kind of look up. We have that is that something we can do for you pretty inexpensively but what it does is it protect your rights to spiraling. With. In the in that same court. In that same office against that property and so. Once that lien is filed of course people kind of freaked out. Com and especially if it's a new contract in new fields like little effect financing and everything else. They're the they wanna make sure you get paid filed a lien in the and you hit one year to file a lawsuit. To collect money from them pulling. Most of our. That cult so dearly if you scroll contract and I'll you know its top part. We we've we've typically don't talk to you can call us at the offices are 71304. I would be happy to talk to about that we typically don't talk price on the radio but it's. It's a small price it's not very much go home you know we have. The local parishes. In our you know rip computer network in two team. Get that information. From from the Internet so we can plug those numbers and plug your contract amount and things of that nature. Get to cut get the homeowner decided you know both sides. And you run over recorder and don't forget it it is. Very importantly do this prior to work be gaining exactly. Or anywhere again now subcontractors it's a little different. You if there is no contract files. Then you have sixty days. From the date of substantial completion. And to to file your contract. If you have not been catered not in pay full. I'm two weeks. Now we're going to be used Giambi is under corner. Keep you from following all projects it colonial. Eight towel on the outlook out of debt. No if you did it is not kin it is and keep you from filing a lean. You can file it under 25 without notice of cock. And a you know in other words you can file the lean after you have not been paid is Wednesday. You don't have to do prior to starting work habits and to point. But the coal. If you. Several times it's the same office in the depending where we're archer. All. You don't notice it contracts file prior to beginning and work. Through which points correct club and on about malveaux one on the. Saying is that. They go back to your original question and that is how to protect yourself today had the lean writes is that. You need to make sure that your contract as a weave in news races. There are contracts that they that do exactly that. On fortunately the stages nights. In the acted any law that that you yeah nuclear sub contract. Or it means that your homeowner via years Smart move him you'd agree that then. Before them right right. I was saying that you need to make sure that your contracts protect your lean rights and that it does not we've. Yes and they present you with a contract make sure in the contract you're not weaving your league. And I. You know we just give us a hollow mobile we could check next week a photo 483713. Four is the office number. 00. Okay yeah we got about a about a minute or so before we got to go to a CBS news break it down on the other side of that coin if you all the homeowner. And you're having worked on having a house bill. And you working where the general contractor. What you wanna do is having your contract and insist. That each time vector that contractor presents you with the deal for the worked on dust for. That he also provides you with lien waivers which means that. For the work that was performed prior to his submitting that bill. Those subcontractors. Sign that lien waiver in agreed that they have been paid. And so. That way you can continue to move forward you can continue to pay. In noted those people who have been page won't come out of the woodwork leave raw and and spiraling in your house even though you've paid contract and that's typical huge audiences and yes. OK so we gonna have to go to it's CBS news update. And also local news with on names will be back in about 23 they were back. Albert Nikko. To unnecessary it is playing hooky today. We have Joseph lawyer and she would like to discuss cyber stalking and two Ohio orient. And I mean I'm trying something there is. A personal issues. She and be crying and hit you until Lou which religiously. What's going on. Really found it and I think track Trace and followed it. No Biden. Who. And they checked idea. Okay and and lose Klecko. Our relationship is that a stranger and a. Not. It's certainly. If it's something else. To prove. Okay. It would question how are we telling. Have iTunes. Is sober. I think being took place. Mean there are getting specific instructions but I'm telling me. Okay and yeah I just I don't know that there's anything that we can do lower this issue with low well. Yeah you know you can maybe try the FBI I mean you know I've seen where they'd try to get involved especially if there. Is some sort of the tent and I'll play whatever so. And now socially yeah kinda dark. People impersonating. Me. They go yes who give that a trial would try to call the FBI's office if they bail ticket run with that at all. And you try to be is the suit and used the radio when you don't wanna get too specific but these specific canned. And show them what you have maybe downloads and things if you can do that to bring them. And just let them know you know what's. What's going OK thank you for the call Joseph I appreciate that. It's it's is becoming more and more prevalent. You know of these studies. People young kids even that there have so much knowledge of how these computers work and how the programs work includes. Everything else they can and they can hacking did in two entries in track and it's amazing just the things in your in your iPhone amazing enter into our fund yeah but I mean you know you can. You can if you if you have certain. Tracking not turned off when your phone. Someone can take your phone and say OK so he was at the coffee shop full 45 minutes left the core feature. And he went here and anyway that's all in your toe in Europe. And they can go back contract that pull that up and pull that information some you know what that information. Shared or spread dot com it's probably good ideas and to take that off of your throat. Well having having young children it it's. Is it really terrifies me is roars that the social media and what's the next step. Right in going back to what our last caller with the bullying yeah I mean it's it's as a whole. Other thing that we can't do because that that than exists when we were well you're in its in its anonymous now. So what happens is the person that. Doesn't have the courage nor you know wherewithal to come up in imports originating yet yet to tell you to your face sort. You know say something about chew you know it's all anonymous and it's all out there in the in the worst part is. People tend to believe it. Knowing it's on the Internet must be true at a news fake news and why would people be saying that if you know why would people just Emeka well. So people just get their kicks in some people are hurt you and some people are you just never know this and you know for every person is a reason why. So it's just it's up and be careful with and and you know you don't wanna put yourself out there. But you know we're talking we do that a few tax we were talking earlier about the construction thing we'll get back to that. In in what's a good way to deal with your contractor if you warn homeowner having some worked on. And vice Versa what's the what's the best way to Europe contractor subcontractor to protect yourself. Com in in their transactions but. We do have a Texas is can you speak to non competes. That you would sign working in the healthcare industries such as in medical device salesperson. How binding are today as being any right to work state like Louisiana. Affect that at all. You kind of start with first of all yes we are in a right to work states what that means is that you can quit for any reason they can terminate you for any non discriminatory agrees. Having said that. The non competes are binding. They are not favored but over the years. Subdued the courts have Connell watered down these strict language of the statute. That basically says. You know people have a right in this state to work. And no contract will be prohibiting and limiting that right to work will be enforceable unless ABC NT. One of those things is that it cannot exceed two years. So who com boost to you that it can't if you if it exceeds two years. And there is no what's called savings clause which means that. If something in the contract is deemed to be unenforceable. It will be reformed to. The home most enforceable provisions so there is no such clause like that in the contract and that whole contract will be stricken would be unenforceable. Also you need to list the municipalities or parish parish is where. The person cannot compete. You can be archer you can just name. Every single cars and missed it correct it's supposed to be parishes in which the company does business. Now. There are a patent a couple of cases out there that really extend that. One this is apparent where we advertise and where customers problems it was that apparent way you do business even though your soul location they have to come to view. So we have to be careful with with. Those kinds of issues and especially as we have social media and and Internet media and an advertising whose. Around the world if you want to. Where where exactly do you advertise where where are you customers coming depending on the type of business. They have to be tailored for sinners in Metairie company. Orleans parish and if the contract says Orleans and Iverson that's. H two locates HQ who Harris all had that same issue one of their stylus. Left the company opened up shop in New Orleans. And she. Started working at broker of non compete. And they've dates biopsy to forces in the court ruled that because. You know they're right by the tariff line that. You know the New Orleans was in fact one of the Paris shoes that was listed in her her non compete. But there's only one shot the shops in Metairie and so. And you have to go to that shop to futures pared down it's not you you can't. So they said oh you know people buy products you know I mean my ship on there and so there was some reasons why they'd be extended but one of the primary reasons was. That the operated. I mean that the team they advertised. To the New Orleans market in many of their customers more from the war so. It's it's a it's an interesting concept in. It's really they are in fact very fact based how much training how much education how much money has the company spent. Two do you view this particular knowledge so for instance in the medical device business. If someone is going to training they've learned the product they've done all this and now you're. Leaving to go compete. You know the other thing that and you can have an issue the other problem is. With a lot of these companies these major you know national companies they writing national tight. Non compete agreement and they don't necessarily tailored to Louisiana we got a lot of people. Come out of the non compete agreements based on. So. Are we gonna take a quick break will be back Albert Nikko Jeff seems an all things legal will see in a few minutes they were back Albert Nikko. Jeff seems and all things legal. Jeffs and associated office you can contact our office. Level 48371304. If you don't. If you don't. What do say things on the air com. We can though to be able to more discreet if you can't get him for the 10 o'clock hour. Our producer just this thing so what was the outcome of PH to showcase India can be to a case was that. 8201 there. The injunction is filed an injunction to enjoin that person. And then we were talking in the break about who what what happens in a situation. Where someone does compete violate violates a non compete agreement. Column in it depends on what the remedy it is in the in the Contra. So do the contract itself will keep you those rights to enjoying someone or prevent someone from doing that within that period. But in terms of damages. In the in the hype this that you use we talked about the break. If it's a one year deal. And you don't get too TO ROU preliminary injunction and you go to litigation. In the year passes you can start competing after the year. However. It's a lot of those contracts will have. 88 dollar revenue we will we won all your your gross profits. You know if you competing Gates's within a period during their during the non compete. Or wickets of liquidated damages clause meaning. It's here it is it's it's 250000. Dollars for non compete in if we find that you're doing it you just oh. It's liquidated we don't have to argue and fight about. So. That being said we do have been no attacks on. The the deal on selling my business for 500000. The person that's purchasing it can only come 400 and horrifying plants the last 100000 knows. For three years how the suspect the axes. I notice more security question CPA sit and talk to a tax lawyer to see if like legally push that paying some taxes. Com there's going to be any suggestions. Well I mean I'm I'm assuming you mean in this and we're not we're not tax earnings. An idol professed an awful lot of taxes under that TARP and com but if it's. I L would think that you owe tax on the first 400000. Or X on the gains through. With ever. You know you have into the business and again you CPA can be Europe that. And and I don't know if you have hard assets scored exactly which you're selling. Column. So anyway. My guess is you're going to have to pay taxes on whatever gains you've head in the value increased value business. Up to that first 400000 dollars. And and over the three year period. And pay the tax on these. Remaining 100000 dollars and if you get paid off on. Make sure you have a pretty tight aren't clear agreement. Personal iron today exactly I'm just Wednesday personal guaranteed to make sure that the person purchasing net business. If he's not his. As adept at handling the business if you wore in the business goes in on the Q if you wanna make sure that he individually. Where she individually would have to pay you whatever and a oh you of 200000. Dollars. I guarantee. You those those interest. Utilized whose contracts and you know we talk about all time in terms of them. And he's in businesses one of the main. Reasons why companies. Do the buy more. Companies go out of business not because it occurred to cup concept it's not because. People working hard it's because they're under capital that they don't have enough money going into the business to sustain the business. And tool. It catches on until you know they start making money in my being good idea it's due to stay on as a consultant. Quote unquote consultant and its own salary imminent and here's your look and probably get. That's why sell and put them. You have maybe be the face of it for awhile and until that transition can be made make sure that. The company's in good hands you do have a little bit of of investments still two Q. Well in order your financing that you want the business technical tools that Spain in and be successful Euro in interest. And paid for. Seemed to. Aren't. We're gonna take a break and will be doing just a few minutes for a last segment in this first hour of all things legal thank you for joining us this morning and we'll talk to human error back Albert Nikko. Jeff seems and joining us today thank you Jeff for giving up yours Sunday morning to can be witnessed today. Its the I'm looking at some text here is a here we go. We have a weekly tree question is it legal for neighbor did you grow on my property. And cut limbs off my tree limbs hanging over his property but not touching injury structure. Clearly the answer to that is no. No and yes and you know the answer is no and if you and there are pru. No I mean it seems like that tees. He's he's going on your property without permission for tax. Him. And the 62 question is is legal for him to stay on his property problems that his side not touching and structure. So we go back to the release of some foods says that. You cannot cut the trees of your neighbor. If even if they're potentially try going to damage you'll property. So basically would you opted to use and the person next story latter saying. You war. Tree is either damaging my property you're tree root to growing and seamlessly your trees hanging over much. Rubin is about to in damages. Or that it's dropping all kinds of batteries in my driveway in stainless driveway it's interfering with. My use of the property. The and you have the right to do that if they refuse to do it. Believed in you have to violent action with the justice of the peace and have them column. Brought to the court take photograph shield of justice of the peace that yes it is in the fearing. With Europe peaceable possession and enjoyment property. And they will issue an order. Stating that the tree has to come down and it needs to be done by our receive weeks. So unfortunately that is the law one of the issues is people but you know if retreat reviews in his patrol is close to a property line Nazis it's. You caught all of the limbs straight from your fence line. That oak tree now the candidate becomes on ballots to and is gonna have a tendency to mean in fall. On the neighbor's house. In the event that it files that might be exactly where you wore today feeling wishing that that would happen but unfortunately. Com. That's you know that's the steps you have those steps yet to coup through. And get extreme. What can I do in my neighbor tree damage is my sewer lines and roof and slant. Saying they. You contact them you tell them to move tree. You also asked them to give you the name of there homeowners carrier. Is if you do have a damaged lab in damage accelerant and that's something that there is coverage. Will pay for them. Let's be. And a real estate company give any realtor in non compete. It's simple answer is yes. Unfortunately. I mean are remembered back in the a room my cause and was he beat sales and and she. Was selling beepers in the game aren't they gave her a non compete. And him. And sure enough it was it was it was horrible to do because these people or making any money selling beepers. And so yes city easy answers spy and a real estate company that does make you sign in non compete. And com and if you do have to sign one and have somebody take a look at its chief negotiator. Will be back we have to take a hard break. Local and national news we'll see you back and.