WWL>Topics>>06-04 9:10 am All Things Legal

06-04 9:10 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 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 attorneys in 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 or digital do not create an attorney client relationship. They were back Albert Nikko Jeff scenes in chips an attorney and the office and coats and serie ducks off today. As a programming note Doug and I both will be off next week. And attorney Joseph response team will be sitting at the controls. And he is primarily criminal defense attorney. I'm sure he will be talking about a number of the coming up legal matters in the criminal realm and and he'll have some guests years to com be sure to tune in next Sunday eighty all things legal Joseph response to be handling. Our job force that's. We talked a little bit earlier in the previous hour vote. The trees and it seems like it's it's a very common problem in every week we seem to have a tree question with a neighbor. So who can quote me the text. From the person Texas earlier about the tree issue in indigo. So please quote civil crude and revised statutes or trees contacted neighbor he said to file suit vote tree damage. Should I contact my homeowner's insurance. Dave. It wouldn't hurt to contact your homeowner's insurance but it it's really something. That. That. He would be responsible for. Meaning your neighbors you wanna start paired you can start units he would see with your own policy covered with respect that. But the one of the articles in question it's a civil code article. It's a vocal article 688 Butte in. Huge coup machine and probably pull that up says the landowner as the right to demand that the branches and roots of a neighbor's tree. Bush's plans that extend over or into his property. The observed that branches or roots be trimmed at the expense of the neighbor. A landlord does not have this right if the roots and branches do not interfere with the enjoyment of property clearly if the roots or disturbing Europe foundation and the branches. Hurting then causing damage to your roof. And you're gonna have an issue with that the other article is soup oracle 2317. Which means that. We all are responsible for those things in custody and control. And clearly. You only responsible if you knew or should have known of their conditions that may cause damage. And you feel to take reasonable action to do something about it here clearly the person knows he's been put on notice. So you'll also have the right direction trees and hope that solves a problem gave a few minutes ago let us know it sounds like it's more than Tuesday a justice of the peace action with view I would get an engineer room there. To take a look at that take a look at that foundation and make sure that. The roots. I've got damaged and where you can really needs some some suitors work. Okay so we have a couple brother housekeeping announcement he of course the tigers. One yesterday the plate tonight. Am I believe at 8 PM first pitch goes off a few plays who just. Warner road south eastern race OK they plea today. So they do we have pregame show at 730. And in the first pitch begins at eight right here on the Bill Gates evident and also Tom. He Christians and Jeff will host tiger how you know show. From 4 PM to 7:30 PM and then 730s pregame they've clocked first pitch. Go tigers are playing some good baseball. You know at their best and as I've as I've been stating for ten years on this program. I'm really not a baseball fan but I aka I can sit and watch you know she bespoke and it's a lot of fun to cheer for them in the eighties. Regionals and super regional. Yeah. You are talking about non competes we were doing that before the before the program. Definitely have to that. Book debt. Bye bye and turning. Even if that is a contract carved in stone even if it's something that's our way not hiring you. Unless you sign this as it's written. You may wanna walk away well you may wanna walk away but at least you'll know what rights you have what you can and can't do. Hum what you know uncertain some of those questions what does that mean can I do this and I do that and what do fight going to work then and hospitals somewhere but I'm not selling. You know medical points as of medical devices in my competing. You know and and how fork in the extend that within your field. It's like you're saying. Some of these jobs required I mean there's some things where you really can't the owner or the employee year. Really needs to protect his interest and had this not Pete whereas there it but like yours there with a beeper situation. It. These guys who like selling beepers or doing some other things where. I mean is this really unnecessary sure. Sure it's just it's it's the same as if you if you waiter in yeah I mean a campy awaited entry. Yeah right couples that real and again I think it's it to some degree. You gonna have a situation where. It's not a highly specialized. Field. Get a lot of it has to do with how much training and education and everything that. That the employer has invested that you and when they do that I certainly understand from deplores perspective. That listen we've we've spent a lot of time money and effort bringing you to this point. And now. You know you're gonna turn red and use all this information and open up your own shop. Well you're gonna have to sit. And you see you know Todd you know a company will get the person will buy sell his interest in the company like this gentleman. You know selling for 500000 with tax question. He'll sell his business and mean they've maybe there's a non compete component in that business. In that sale transaction. You wait two years you Condo. Get things you geared up and ready to go. After two years you hey I'm back. And I'm here I go again you know when you can you can start the ball rolling again not under our alarm company did that they sold out to one of the big and at home. One of the big national companies and two years later the senate. Them. They set a big for a while the previous customers that they were back we can monetary your system for you know fifteen dollars a month and except except and so on and I'm happy with the new millennium promise they worry him but. After that two year period they you know they can go back to market themselves and does and does that two year period apply its who's soliciting. You're on customers. Yes there than it typically there is a non solicitation non compete agreement. And solicitation. Include solicitation of you know as a little harder proof. Alone but if they get a mailer get a mail out you know that hey you know. Just happen and it's all their old are right you can do that after the Q you ashes the idea that you certificate. This you typically. A non solicitation of current employees. That you can't leave and then start soliciting these people to come work for for your company. You know so there are a lot of documents in that you start with the presumption. In in the. The law of obligations which the civil code calls that basically. It's contractual law weathered the oral or in writing. You start with the presumption that when unless it's a gain public policy. Parties can contract to whatever they wanna cut in and if you make a bad deal. You made a bit the and so you know which is all the more reason I think to see somebody on the front end. And again they may now be able to do anything about it but at least they can advise you as to what all of them. Regal jargon is in the parameters contract that. Oakland and should bring you in the event you leave that employment lawmakers back two years in earlier regarding operating agreements right and you can make the agreement would every war. I mean there there are. It fall backs so what do law generally is bush you can amend that and make your. Correct yeah I mean basically would do if you if you read through the limited liability company law which which has been really good trend for more companies. Especially small companies. Two to four Chelsea's. If you read that it says. A less. It's so it's six states something to the contrary in an operating agreement. This is how you're going to govern ourselves. These are the rights of the party and I want Archie explain why those people we're going to lose l.'s season passes to the corporation well there there are a number of reasons tell you what one and we do this before we get into that it's time to take a quick break we'll take a break will be back a few minutes all things legal. Thank you for having an OK we're back. Nico all things legal. Thank you for joining us whom we have about fun we take heartbreak at the bottom of the hour of course we got another entry questioned if my tree falls on. My New York who pays to remove. You do you on the tree com. Interesting enough. In in. Hurricane situations Hurricane Katrina referenced. A lot of trees go. And the way the law works on that if you world we here. That the tree was dead tree. Some sort of disease celery was prone to falling. And Katrina came and knocked down yet few would be responsible. For the damages caused to your neighbors. House starts. And you would be responsible for paying to move that tree from New York. If you were not aware of that it was just basically an act of god that caused the tree to fall. At the end of the day. You'll trees still in the name shall and so it would be your responsibility. You pay not for damages because as an act of god you have to pay for damages but you would have to pay to have the tree. What if you knew that tree whose raw. So we descent into rot you would be responsible for the damages as well. Room so if you have a three that's hanging over the looks like the branches are starting to die I would say and he. Certified letter or if you have your next door neighbors email address. Won't do anything about it at least put that one notice in and what that would do you you'll have some sort of proved to establish that. They have been put on notice of the defective condition. Tree and and responsibility. In Toronto and York but all's damages. Minorities and pictures. Oh always always document as you know if you if he figured judge sitting there should judge maybe. Listening to it is. Would agree. Show me is mark you should judge jury I want to be able to see which you're talking about he's absolutely and to me you know just look at what would videotape surveillance is and in the in the criminal world and he even in the civil world. Litigation. You do this delegate uses Beatty do. In all the sudden things change so photographs may make all the difference. In in terms of proving your case in court. Which is a whole other topic for another day. Proving your case in court. We've got to know the true question. Hey Chris what's going on with the trees. Card or quick. Nobody has. With a neighbor. On laps side by how she has. Probably. The outward toward it spins on their side responders the other side. Network partners in has their equity tree bark up GP. Between the two. About three feet is managed prop. That we see what the roots. Or or read certain treatments are cricket world. They're all came property. And robbery because the use of and there are branches. In June or drop. Right. Whereas the truck where where that wears the trunk of the tree of the trunks of trees. Well yeah the properties surveyed art form and grown. Somewhat intrigued and so on. But the branches or exe. And in some of all again this is. Actual errors. Are we go who landed industries that the neighbor plant in order. Mountain. Yeah you probably have an argument is is of isn't a civil code article. Home right right before the wanna quoted. That talks about them. Trees and bushes that all on the boundary line in so if they're on the boundary line they all are presumed to be common. I mean unless there's proof to the contrary which proved the contrary could mean your neighbor planet room in your neighbor you know raise those trees. Rome. If you are the adjoining landowners and the beat the trunk if you can't establish the patrol. Of the tree to tree itself was the neighbors. If you demand and in its presumed it's it's. Jointly owned by boat if the truck the trees on the property. It if you you can demand that it be news if it interferes with your intro property however you have to pay to remove yourself. Yet that that SOK. I didn't disgust and the general he's like well like it victories. Austrian government in order out of her true program. Our borders like course of action group I was gonna have someone goal. In port number is away from the drop words of course bullet. If if the trunk. Is on the property law and then you can do that. You were given you not. If it's not and it's interfering with your. Personal enjoyment of the property meaning it can't bring accord down there it's dropping these staining varies all the marked car bomb. And yes it's interfering. Being you can go ahead and demand that your neighbor boot removed at his expense and he goes do it and you have to. Are institute that he views. You know try to work it outage your neighbor. You know I ask you get permission in writing by email whatever that you have proof of it taken out trim these back. You know it it's hang in Obama property cannot from them. In two where you can keep the pretty trees on the property in instead of Apollo. A cold fence and in at least you can usually drive it. OK magazine. And Clinton and people street so many years. Now those trees have nothing to do with the contested piece of the demarcation electric fence or something like that that he bowed to. Salute you go. All right thank you so much for the call we gonna go to it's CBS news update will be back in about 45 minutes with all things legal sea in a few moments they were back all things legal. Albert Nikko had just seen since sitting in today that playing hooky. Again programming note we're here for the last half hour of today. Doug and I will both be out next week and friend Joseph response to your attorney. Here in town does a lot of criminal defense work will be sitting in for us you can. Ask him all those questions you ask us about you know had a felony five years ago when you know can't do this and wanna do that and Tom how long is this in to talk about this case that you will be here to answer all of those questions. One more tree question. Cut Casey or you casing. Give you one more trees and I don't want my headstone. It's actually true indication just finished an actual litigation. But. Rental property on the North Shore. And he told them that treaty. To go on the whole. Can condemn completely as well. Sure tomorrow. The truth from them. Now that he had. But we've got control of course. But of course you read the policy. And drug company excluded the group held excluding rental property. From coverage and so good coverage. To the neighbor well you have to prove. Knowledge or constructive knowledge of the direct. And that work on the on the we were lucky enough that he had its way into the tree expert panel. We can buy. An album that it truly was selected as well. Right so all of you had argued Edwards your client's testimony that I've told. The tree expert would have testified that. Not true. Force alone. And so open and obvious. That he made sure he. The defect in the colts works so I'd. Comeuppance. And try to exclude. Expert. Erin would make him exclude expert step. We've settled about to share. These bottom rock bottom and if I'd had written sort of letter. He would 100%. And we'll probably wouldn't it. Right right now I did their insurance company picked up the defense. We enter the neighbors and to get to them now. They're. Very should. Do. All right. Well there's no I mean the the property damages could be pretty substantially when the tree falls too soon. You know especially identical if it's a rattling you got to move mountain in measuring come from and all these other related damages. And. And we're supposed. You know. Pushing as far as possible loan loss in the column to. Thank you claim has been responsible could get a comment at Saddam. You know like I probably blow. Agassi probably about two thirds what it would have gone metro. That a better idea. Caddie just written out there right certified what are we weren't good. Yugo our will Casey thank you so much for the call and a good job in the tree case if you got any other treat cases you can call Casey fought. But. Oh. You're experienced. Great talking to you metrics for the go. All right so we're we're gonna take a quick break will be right back after this bit of these messages we'll talk to you soon and all things were back in Mexico just seems and all things legal. We had a text and actual count talking about this a little bit prior to the break. The advantages of an LLC verses. Day corporation. First of all there pitchers. Corporations. Issue shares of stock. Corporations. Have formalities that have to be followed. Room for instance you have to have annual at least one in wash your whole meat she'll hold hold a meeting. You have to keep corporate minutes you have to follow a lot of formality you have to if you fears of stock. These formalities and you know to a single person entities or 2% entities. It just seems a little overkill when necessary. The other thing with the standard corporation. Is the issue of double taxation. Meaning that. The corporation prop for a 100000 dollar corporation pays corporate income tax one that hundred pounds ago profit. In his shareholders if you give yourself and your shareholders aid distribution in the shareholders pay. Again on that distributions to visit double taxation of think of McDonald's McDonald's pays the corporate taxes dividend and you pay your tax dividend. Com small closely held corporations in due a sub chapter S election ask corporation. Typical call. Whereby it bypasses. That double taxation your tax. Room as a partnership. And so so you can corporation does not pay that tax. Individual shareholders okay the tax based on your income. Can based on the percentage shares ownership. LOC on the rapist on the other hand com you don't have these corporate formalities. And it is the saying. Partnership type taxation where each of the members uses. Taxed at their own personal income level rates based on their percentage. In the oval seat. A room. Or some advantages to both. The corporation side for instance. Com. One problem with small closely companies is that you can't. The EP it's hard. From any of those companies to judge. Just how much money the company's Tuesday. So it's hard to do and project or salary with a salary of the principal owners and managers successor company. So. If York to the point where you can do that you have a steady income stream making salary. You can count yours now what you can do ball and if if you wore involved in S corporation. And so anything above that you contain it as. A dividend. As Cheryl and only paid the employment tax. All in the income tax you're making during. That she page yourself in terms of sale. So that's one of the benefits of of being an S corporation. Aussie again these cells in the primary benefit is that. It's just in ease of operation. You still have some formalities that you have to follow your operating agreement arms. Shear of meetings in in in. Keeping company records. The biggest thing. That I tell every client because while it's on its single person dale Foreman jealousy protect so abilities at point. The biggest issue it is for you to. Not commingled those ones. I see it all the time you know it isn't Pelosi in some ways it's too which deals each. They write to check with their homeowner's insurance with a chip from the locals. And if you continue to co mingling you have an issue with the Andy sale of oil seat because I've got dispute between thinking. Date and try to establish that. You did you the corporation you with the Alter ego of each other in their four. Because this commingling of funds they can pierce that company vale Inco after individually from. I think we have time to take another tree question this is Pete Howard EP. I'm doing. And the problem with that many people about being tree I mean you'd street. Abacha. Years ago we had these street cry. PP eight years portion and the guy actually let me sit out coach. The age fifty. Sort okay caught parts 3850. Who give eight well well at these work is done it's like. It is man Q does that thing that you need this. It's angle. It's saying so much for outweigh its little thing out okay I'll start between. I it toward. Still gives me no way out to users who were that he's been able trial trying you know. Well it easily which. Two can these people. Consultant meet that cart there's goes like a side street very expensive to me and actually use our way so. So if you lessening. The procedure is for in. It's a Monday at a fine go with needs to be done. What you call it. Well to do business in this here's what. Hugo cooled articles six B. Reich did and that you're removed the tree in interfering with. The personal enjoyment of property. Potentially. Lose it's dropping the music celery and gutters. And in. If you could have been nice conversation with the neighbor that's the way to try to start you know we've been gay rights all news. It's a practical matter. Next. And so. You're in. If you can. Work it out probably certainly we suggest that. You know staying. In the driveway in ours so. I don't see which continue to try to works. If you know give me an idea what it's cost you might deal yet and Marie. And it. Needs to. These estimates that trees. It's. Is this some photographs. In and. But don't come through but how. Absolutely. Anyway and we're at the start of hurricane seasons ago com you wanna get this process story. And you wanna send that letter looked mrs. O you know these these six inches from roof and the wind blows that branches and your group. All right. Our peak good luck to you. I'll take our final break Albert Nikko chips seems in all things legal. Will be back in a few minutes for a final segment of all things legal. If you can't get this. Today you don't wanna talk online you can call us at our office at 50483713043. C document and we're back for a final segment all things legal com I'd just got a text from our. Host of all things legal. Next week. Joseph responding will be. Sitting at the controls both Doug and I will be out. I asked him if he is nailed down his guest yet he said rich Marty. Point oh shoot player. In New Orleans great is going to be sitting in a little bit and he says Donald Trump as if he. You'd. June mean. We've got to know the tree question how Horry Geneen. I'm doing great house yeah I'll wonderful. Lot of that. Preached like. We have on opposite problem. Where we actually on each side of property where the water once current. Both treat all they. We want you to try. Fear. Hello Hebert how to. Both in order to try to. Go. Out. A way that. Absolutely. Well let's talk about that. You can have your neighbors sign a waiver. Bacon sign the waiver for property damages. However the waiver will not be. It would not protect against personal injuries. So you can put that in the waiver that if they get to the right order the lawyers in this day. I can wave damages for property damages but liking it sign a waiver. For per hour or so of the branch you know it's only if that's the case. And you keep an eye in the trees and you make through the branches are healthy and try to keep keep up with him and say look. Also you guys wanna keep the tree and you gonna help me maintain you agreed to pay your hat. You know or Patrice on your side. You agree to pay to have it maintained in and day you accept responsibility. For the maintenance of the tree on that it's on your side of the property and they tend to you that now you can ship liability to where they will be in. Agree to maintain it. And in its. Technical actually. And that technically be in their possession or guard is. So that would be the better way to go about it have them sign a release for any property damages and an also. An agreement to split the cost of maintaining the tree. On their side of the property or pay for the maintenance of the tree and that's the property. Now our annual. Injury. And bat is. Not that cannot be put it there. It can be. But but it's really not effective. It's it's you can't it's up believe it's civil code article 2002. Says that you can at home. Sign away a waiver of personal injury community it's it's a presumption in the laws that. You know you're not going to wave personal interest so when you your kids go to place sports and go to these camps and things in the sign those waivers that say or do you hold them harmless from any personal injuries in the Louisiana it's not worth the paper trip so I can't get a shot. Or. All right thank you for joining us all things legal dumb we'll see you in a couple of weeks. Jeff thanks for sitting in you know again drew responding will be joining us in in next week he could be blessed. Seen few weeks.