WWL>Topics>>04-09 8:10 am All Things Legal

04-09 8:10 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)

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 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 whether verbal or digital do not create an attorney client relationship. Hey demonic Texans are our Nikko Euro weakened r.'s all things legally gives call 2601872601. Race at New York Texas and HMH ebony. Will answer your our legal question and walled get a bill and it's only informational purposes which means you. Won't get a bill now Nico wanna Albert say good morning Dario Oreo and doomed. Mileage future on a kept faith idea valid that the rally possum. Has reappeared relish. It means was he was in hibernation. About. Since last July. And Ellis Tuesday down I think 91. Or eight to. Against Arkansas yesterday and they came back 12 and I think teammate while. And so in fact. The rile it costs and so. And nothing was too outcry Robertson. Two lawn use are he had a ground ball to shore Sharpton. And shortstop fluid. And they couple run score rose you'd be hard to win tiger when here's what it is. Graduation targeted six and five. People study your. I mean terrorists sought at the crossroads. Men of the season. And the fact lamb this year. The tigers were down 91. Against Arkansas when you're at the crossroads right. In making America I think in one maybe ten on button and after that went on care. In a rally possum was born right so he's back relish toss them out 2.0. We didn't go to our. Different versions home. I wanted to mention something. We have a caller passed show. That called when I gave us. The suppose it facts. Of the case. And we answered it in a particular way. And then I got a call in Rome or stoppage you the lawyer that was that was representing him. And it's sound seems that. There were a few things that were left out of the equation. So arm you know any in the there's the lawyers who you know he told you advised him to do this system this is what this is the extent of what he told us he said oh no this is how this is this is so that it. This is really what happened. And I'm like well if that's the case I would not have advised him the way it did. So the moral of the story is. You have to be completely completely truthful with two lawyer there is an attorney client privilege. You know the the lawyer is proven pretty much forbidden from disclosing that information to others. If it is something that you know might hurt your case so whatever the you know but it the same time. The other side is likely going to find out about some sort of miss dealing some sort of issues some sort of medical condition. You know some financial transaction or business deal they spend a lot of time money and effort trying to make you out to be. Not credible. And so. Moral of the story is please please tell you lawyer the truth. In don't hide anything don't sugarcoat it suit you think you have a better case. Give them all the facts and then he can advise you as to what the scenarios are in terms of the you know well out of your case. Oh you know. We've been doing this for nine years in and we have probably. Two tire call ups. Kind some want collar most album probably 9590%. I'm just want information. Right general information. So they can be pointed in the right direction. Right because we watch out when you consult with an attorney Mike now to even in we're got two minutes at best right. So which is supporting you right now right correct direction. T you know maybe get you step 234 and five. Then there's the occasional caller. Who may or may not fit classifications. As bloody tennis world right and they call. With selective facts. Right and they argue with you about your opinion. Based on a selective facts. Because they're not really call negated by case they're getting a call to try to. A substantiate their right substantiated or have you adapt their position. And say. The entire legal jurisprudence. The courts to judges wrote a cream court the around the court judge appellate court judges to trot court judges are wrong. I'm right exactly. And I need some high technology and I'm right on the call these sunny morning radio host. And give them about 2% is story right and tried to get him to say what I want in this. You know again I mean yes. You know it if you go meet with a returning. Hopefully attorneys seasoned enough to be able to ask the right questions to give you two. You know divulge whatever things that you might not think more pertinent to your story your your claim we your case or your defense. But they may very well being you need to be completely honest with them you know and I mean especially for instance in a criminal case. You know where there's a lot more online you you know whether you can go to jail someone else must go to jail and you know you're trying to find out what the facts are. Or Peta personal injury case so special person because. You hate to be at the table. You find out your client had two back operations. Rice that he and tell you about it in his it's about a back entry. Mark an end in the teachers tell home usually the lawyer can deal with it. I think they can deal with the facts I mean you know they could we spent the way we need to Spann written. In in in in you know but it. You know that Lotta times to cover up. Is often worse in the line of questions just like the Washington DC the question itself like what's going on right now. We and our political but any. Let me just look at what Nixon did we you know Nixon didn't really know about anything with the covered it up and when he covered it up. That's that was the basis for the impeachment was recover but the crime itself. Was it was a select a park in violation. So if if people you know. If people or forthright and tell you what's going on. You know I I've got a name of that and take law do you have any law right law. Big factor as what they attacks included that itself in any attorney. Who who's in that situation very dear friend are a good and very good question and he's a very good attorney Burgundy Comesa minimum is insulting us and listen with the guy told me. Process. Well I already told us. You know it's so I'm like yeah he didn't it he didn't divulge this is this that and I don't wanna get into specifics but you know he didn't divulge this this is this and so. Based on that this is the direction last year at least I don't know these the you know this is what you don't noticeable then you'll write in you know in your advice to him. You know and and it it's like when you put cried in. Please know given product is product itself. Who Padilla that is in it and you know war. It's like it's like onto the dock. And he asked for your sentence and yell you lie to. Do you think he's going to be able to treat you correct do you have any abdominal pain no line ever have it right now I never have an and is a big tumor and there right. There's no way gonna find it unless you are each down would soon to symptoms of exactly. And so and you know. Yes. It's it's. I've had situations where. I have BP claim one time. In the guy called me up. And with a lawyer. Innings yeah here's my claim this is what I have and he says now. You know I make a lot of cash. You know what what months. Should look at them go back and redoing my monthly. Income statements. You know for those years what more should I put the cash and a says the same ones that you are hoarded the cash and you earned the cast your fear and cash basis. You know because it's I'm not going to play these games are not going to. You know life for you in the it is what it is let's look at the numbers in the U they have a claim you don't have aquae. So I was just you know. Very it very taken aback by that and you know that question even you know how we unit what do we do to make our case better by juggling the numbers are. On and you've got paid for this claim for this case in many pages catch. Then you know if you put it in the bank. In the bank's gonna have a record win yet money which received and so that's the that's the month that needs to be reported as when the income came and so I just in and those are the kinds of things who knew that BP now would be nudges doling this money out. But you know you would expect that there are going to be looking at these claims and looking for fraud so send us copies if you bank statements let's make sure they. They met for profit loss statements. In if they don't. You know than they can they have a fraud claim on a federal court pleading I mean that's what these BP claims. Files all you know it happens on a different context I cannot house renovation plan. When you have these people who thought these disclosures. And it's never flooded. Run never heading plumbing problems. And I mean we we here. Case while ago involving where high profile person who's behind house. They actually. Did. Repairs. Are repairs but they did remediation. Could head leaks under the Lipton. To block in 92 to two putter from in front of congress I pay him pumps say intimately as an attitude to to cover up. And it turns out to be you thinking he can sell the house who would in essence happens it cautious three times as much as you can see it. You have to pay a lot more off the purchase price it. You gotta pay part pay for lawyers to defend you in not to mention in a renovation claim if somebody's whose view. Red edition as it is a claim in warranty basically for a misrepresentation. Or a representation that was not true. Or failure to disclose. And in that situation. If you filed a claim as a buyer in you can prove that they knew moving defects in didn't. Disclose it. Then you have the right to to either return to the purchase price plus interest plus all of you court having all of you closing cost. Or are you able reduction efforts bright and if you can prove it there and to their their they've got to pay your attorney's fees to. So yeah it is of you know it's easier just to disclose it and deal with that as a point and trying to try to either. And before that a break so. If you call laughs. Which is gonna take that backs now if you wanna get some facts that you don't wanna like. You saw on alike. Maybe are favorable to you use an alias. Apparent. You can Biggio. Beat me Howard right Harold. You know who where Jane got a friend I got a friend a friend of friend and now that and it tells the truth and we can maybe help via couple. All right let's go to break that center over neatly we can learn all things legal right back after spree com hey we're back hurts renteria Albert Nico your weekend lawyers. All things legal I think were finished with arson morning aren't. Well it's wide array. It is really not a rail and I think it's I think it's very good advice because so people are even embarrassed to states and things to Deloitte you know listen this happened to me back when. Or especially like in a domestic situation you know I had an affair did this so it was our our physically abused physically abused whatever the case may be right let's let's talk about it tell us the truth. It will deal would mean that's that's what you loyal they are to do but I out of it it was constructive. I think it was out in an article Lotta lawyers feel the same way because they spend a lot of their time and they spend a lot of their money. Trying to you know do the best that they can for use represented you zealously the whole nine yards. And then all of a sudden you know you you get to this deposition. For you even worse get to trial. And they start cross examining you with this information. That that you lied about that you lied about never saw before. You know decline line but you know I'd like two and a lot of times. If we know the information. We can deal with. And it's not like. Or you know one thing I've learned is about Warner as a lawyer. Truth is stranger than fiction. Mean with her at all. And so if you talk NT or you're used to it you know all I did this I did this war's gonna not gonna say you did lie. You know they're they seem well this you know attacked. This is this is part of deals. It's just helpful it's it's for your home declines self benefit. That they disclose because it's gonna come back. And buy them at the end of the process well and again. In its in its not fair to you because. You know depending on your judge. You know you might have a judge that get really frustrated and angry about it Macon mean I've actually seen judges sale book called the sheriff. This guideline in my courtroom we gonna stop this you know it's very rare that it happens. But you know. Judges don't like to be lied to. And when all of a sudden somebody walks up and says hey look look at this did you sign this. You said you'd never had this before whatever the case may be you made this up wise this type brutalized this scam these with three different signatures and then put you know. You saying that the same same ones in all of these things that can happen to you know what you'd you didn't disclose we've had an accident four days before this accident. And you went to the doctor in Mississippi we found that medical record you told him he Sig you might need Baxter. You know so why did you disclose that to his because you thought maybe you would never they would never find out. And now all of a sudden we've spent all this time all this money all the segregation. Trying to give you the best settlement or judgment we can give that you and now something has just blow in the case up and it just it happens. Frequently. An and people think oh you know maybe Malloy is gonna ask for more money if you don't know about this. Would you have when they find out about it being you can give even less because now you're a liar. So instead of him at the end this happened to me but it wasn't that bad I felt better afterwards you know whatever the case may be. And then you're looking at a at a at a different scenario. Other than I lied about it we are gonna break about a minute and happened on a different spin on that model icon in family law. A lot of times. Is that is very common for a client who is not receptive. To the facts and law. The fire there attorneys. To three times right says while people think if I fire my attorney. And changed my facts the law may change right right and unfortunately. And every time situation work client fires an attorney hope in the law which change. And his form it's usually stays and stays the same right in gets worse it gets worse because so you know again. Just dispute be a fraud and and the lawyers easily skillful enough to deal with bright beautiful deal with it in a way that's constructive. Mean and and and usually can work resolutions usually not fatal. But well yeah. Mean look collects it lawyers deal with this all the time you know it's so yeah you had an accident before. And if you tell your doctor you had that's the other thing be sure to tell your doctor the truth if you had an accident before you had a back injury before. This is an aggravation of preexisting injury. That's OK no problem no problem instead of oh it's a fresh injury fresh queen back with no problems in this accident caused at all. All right well finished our first half an hour all things legal will be back in about three minutes we gonna go to a four minutes we're gonna go to CBS news update local news we back our our second half hour of our first hour all things legal see that hey were backed exits there how many could you we can lawyers all things legal and Dave. Are engineered it is master controls that is phenomenal job the sand what do we do we drew holiday for the pelicans. I tell you the way he's been playing of late. You might. Might be necessary to trade him I don't know that you know that that we always creates in his prime country but yet they're not resigning. I think Jim might be money better spent. I think our secure as one more year. That's that would free up some money. They got a lot of guys that don't cost a lot of money put. With you neither you need a pure shooter. I think Frazier is a decent back up that point there but serviceable serviceable which you need a guy that can that can. Shoot the ball from him and he's so reluctant to shoot passes a couple of shots. So even even needs to shoot more in it and you know but I think he feels like. I'm not the star on this team so he's a little reluctant to do so. It even Chris Paul on the way back when we hit him I thought that he didn't shoot as much as he should have because he's a terrific shooter. In the score. But he's he you know I think was more interested in addition passing in doing those things and that's what appoint court should do. But I knew that he he passed up a lot of opportunity he did he'd issued a lot. More NATO ally Langston Galloway. And he I think he could be freeagent if he opts out of his contract this year. With about which lucid and well cal always with he went to trade with cousins and he's a Sacramento right now it's trivia but I think and I. Part of signing a free agent is why they are descending player aren't sending play. When the pelicans. Than hornets on Ryan Anderson and then he was in descending player right. Now I don't know if he's he's probably ED sending players even know he had a decent first year. Our guard. Who that goes with Houston also. Yeah. Chris Paul Eric Eric Eric Eric Gordon. I believe that he is a decent ending play there. Well this year he lets you led the NBA in it and report percentages. The the the assist ratio on that team went up substantially because the tattooed guys acute Philip we have both of those guys and our team. You know we we needed to keep one Obama sink wells Houston's game would you put five or guys in the court. That can all shoot threes and we're gonna spread the floor. In an and that's been a running gun and they they were just gonna try to outscored in the similar would Golden State did you go. Klay Thompson in since stuff curry. You know you get now always sign Drew Lavender tie drew. He was descending polar poetry or Orton but for a long arms an all star he withdrew to was lost so Libby and seeing now. And Austin goes back to it goes back to. The saints in with the saints have been have done recently. In their defensive backs elections. Are right you've got a team. You've got a team that. Let's say let's say Buffalo Bills. We got a player that played different eight years he was of all pro for six of them. And he's got two more good years left inning perhaps. The saints pay a bunch of money for him he comes over he gets a big pay day. Look at the incentive factor. I've played my best years my daddy you're right behind five years he played cards whatever it is up play five years my past five years are behind me in my approval days. That's the team I'll love that's really my team that I've grown up loving. I'm gonna come play this one or two years I'm not gonna give my best effort I'm just gonna ride out into the sunset when your nickel well in in the Doug Atkins I mean they have players that they picked up in that first year. You know that or light. It's getting to be has been that guy can play pretty good for a little while but I would like there was no attempt to entail is their first year well that's right Jim Taylor they won at some big names to attract some some offense. But but they still do. I mean you know they Gerris bird Browner you so look at that these guys go get players that that are. One or two years in and have serious upside and then go to get them some money and let them up. Coach auriemma the coach about Scott Scott Fujita why cuts that Stanley. Yeah yeah yeah so all and end Dave says if you pay true. Fourteen to two million dollars a year where you can get the money because it is. Well they ego but at terrible law it I was all of this point also to with. The ending the nuggets game. It seemed like. Withdrew with just a whole goal is true and whole nation can't finish games. And I mean he he cross over dribble that it would backcourt in the any through beneath through it. Threw it away the next county it was that happens every it seems to happen most of close claims and coaching. Well bring that to coaching. I think gentry coaches when those things entries are very assistant. He's good career assistant he's a great guys in nice guys players like him by. He just you know he's still with its fourth year. That was the second with the falcons. It's it's just a second there it's just argue with the second. Is now and oh. Gentry. This is there is third you sir your your door your asthma with the way he's got like a thirty Kelly Crowe 35%. Languished with percent. It's time it's time cut your losses get a new coach it's a new excitement in here if someone in his how to. In integrate the two big night Dave said Jeff Van Gundy Doug that's who they should guard trio. Diego all right with world the Dallas will want to break a talk August and tax and we'll be right back to discrete Todd all England were back okay. We have legal vice. We gonna get fancy football by just percent. If you stuck between two players and once this final year of a contract prior to its free agent contract. And another one business first year. Of a new. Recently signed free agent contract and take the one who's in his last year. They go. Do you correct you know he's gonna perform like like nobody's business and man attacks before we go to a legal tax. Actually the same guys that they actually say I'm convinced that Demps and gentry have to ago mediocrity at best. Williams had to team going in the right directions starting the win but Demps had a common shows authority gentry was never proven a proven winner. And the result touchdown. Why not look at history. There you go from agree Evans 7789. Agreed all right let's go to another tax let's talk it's about the states he nets. Is. Aussie do assets such brokerage accounts like insurance policies and our way. Go directly to designated beneficiary upon presentation abate death certificate by the beneficiaries. Does it will take precedence over the beneficiary designation at the Willis different with the that beneficiary designation. States. So another words. Went for IRAs. And even certain point. We eco PO DP's point of payment appoint payment upon death and community knows. Is that. If you have. A annuity IRA. Account says they designation. Payment upon death. As it. Has designated beneficiary even an attack conflicts with with said in the will. The desert area designated beneficiary. A ticket pricing resolutely process right and so easy for me it's very it's it's very. Uncommon. That someone will set up these retirement accounts etc. And then. You know naming list beneficiaries. Indian after the fact. The execute well. That specifically talks about. These types of investment success usually it'll say I leave all of my assets to this person I leave you know. To my children I'll leave this you know. In it'll talk in general terms and all that I die possessed though you know that sort of thing so it's it's a rare situation with somebody will specifically say. I leave all the money in my I already. You joke. You know will. A seasoned lawyer would tell you hey look. You really need to look at you know if you wanna make that designation you need to make the designation. In that higher rate document in lecture you know financial advisor saying uniforms and you make the designation there so. It should be caught and so my guess is with this text. That it's probably. A and well wearing either a hand written will or it does not specifically talk about those particular. Investment doctor I mean there's investment. Policies in arteries and things like that. It it's it's it it probably talks more general terms I leave you know all of my financial. Assets to such and so to leave this with 101000 dollar. It doesn't necessarily say. This particular fund to this particular irony. So. It's a rare situation that that would happen is my point but if it does. It's gonna end up on law school exam or green X. Would degree books all our books that we used to re search. That sit on bookshelves now that we don't throw away everything we're gonna hear is more expensive to throw it and keep. They look good. The list go to break Texans area politically weakened shores ball things we'll be right back as this pre they were back there there Robert Nico you weaken dollars all things let's go to Beaumont does that leave these got a question regarding an employer parchment lately and all things legal. Paid remind them which partially right. About. Them and. That. The trade expert panel Apple's street. So problem. In. Street gamblers history. In the campaign. The and trying to figure out. What was out. There and Portland won it in India join me. And yeah. You. You know in the pot it is equally and that Utley don't. Want to before. Are you an employee. Oh a idea of the the era employment handbook that addresses that's on the situation. I mean. I think he could make the argument and a big conferences before that unless there's a partner agreement. And any damage caused by you in connection win. Some type of loss. It cannot be taken from you or unilaterally taken premier. We that you wages. Date ticket maybe. Institutes and on a plane through the court system to do it in him determine whether you. Oh and but they can't just take it from your wages because that's a little different that's governed by separate set of laws that could let you go. It make it far Utica new and Antony conceive for the money. But they can't just take it wages that you have armed and pull out unless there's some type of for arraignment. Where everybody with this whereby you agree to that that would be well positioned to whipping content that before and we've had robbers. Who dated have a policy in place they got some type of accident employers said he's going to be responsible for the damages. In return and in the cases that we had that deductible whatever price you sank as saying that though. Unless you have it in writing. And that in the employee signed off on those wages are sacred. Earned that you can't be important Willy Nilly and apps to a court order. Pull money out or some type of legitimate deduction so. I think you'd probably have a very good case. To not have them pull out of your wages now today folic plane in small claims court again chief warrant theoretically ask that they are used yes but I think it it would be popped it wages are pretty protected you their protective. Aren't okay. Currently I can't go ethic good question all right finish our number one at all things legal will be back for our number two stay tuned for the local well actually is local news and we'll be back about ten minutes CNN part them to an all things legal.