All Things Legal - Final Segment

All Things Legal
Sunday, February 18th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including workers' compensation as well as securing a contractor.

00:15:10

Transcript - Not for consumer use. Robot overlords only. Will not be 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 attorney suggested 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 were back for a last half an hour all the things legal work go until 1032 until LSU Notre Dame pregame baseball 1 o'clock. First pitch. And how we were talking about. Contractors and one of the things you're talking about is if you do it for contractor in order to preserve their only writes if it. Jobs over 25000 dollars in the follow in his contract that correct. Correct so if you if you're the general contractor on the job and you're going to be doing that you know all or substantially all of the work under your license. There in which you need to do. Is give with the owner and prepare a notice of contract and it's got to have. A lot square number it's got to have the name of the contract with the name and address of the owner's name and address the contractor. The fact that there is a contract. And you file that in the mortgage records. Of the parish in which the property is located. And what that does if you failed to do that for any contract about 25000 dollars you as the general contractor you delusional right. To file a lean. Against the property that you would still have a breach of contract right against the country against the the owner if for some reason they didn't pay you. But you you lose the privilege of placing that lean on the property that per ton of holes that property up in commerce before you paid. Com so that's one of the issues and we're talking earlier he was Gary called asking about how to protect himself. In one of the problems Gary with with protecting yourself on the materials side in making sure that material that are paid. Is that many of its if you building a new many of these subcontractors. Purchase their own materials are you roofing contractors gonna purchase all of his roofing materials and the with the plumbing contractors gonna. Purchase all the pipe in the fittings in the electrician with the wiring in the panel's accelerant so it'll flooring contractor is gonna purchase the floor so. The general contractors going to higher and higher out all of these different subcontractors the framers gonna hot you know that likely purchase their own. Framing materials. So with that said it's really hard to gather all the keys material suppliers in and say look you gotta put me on notice if you know to pay. I will tell you. Under the rule under the lien law column the material contractors from. Are required to. Hum send a ten day notice in advance to the owner. And say look I've not been paid. So I'm putting you on notice he hey don't pay the guy or if you've paid him I still haven't been paid. So they've got to do that ten days before they filed a lien on the property. So well thank you they'll give you a little bit of again gives a little bit protect. All right I'll also we're talking early earlier about booby trapping. Of property. And that's ought to gotta we started that because I Iraq tunes. That I definitely want to eliminate. From existence but I can't do it wanted to. And so Katie our daughter who very product she second year law student loyal she listens to show and she sought helps us out. And she said she was give us she she looked up the legal standard for us or gave his clarification on. The legal standard is for at least happy new year property whether you Kennedy enter this Katie did OK okay this godaddy. Or daughters so armed. She says as long as it's reasonable ask attainable that it danger Ken of car. You can't booby trap your property so if you have something that you concede it's a possible danger to third parties or other innocent animals are parties to. You can't do it. Even posting a notice to a ascertain danger. But I think I think we have to define what a booby trap is trying to booby trapped. I think means that it's it's hidden in not open and the rock I mean if you've got. I mean. Clearly barbed wire is is pretty nasty product and keep you from you know. Climbing a fence and barbed wires all over the city and it's it's it's not a booby trapped as the price you see it it's there. It's not a spring loaded gun or a bear trap for that yet or or electrified fence that you're not telling anybody about that. So but if injuries can a car. Posting a notice still wooden com you wouldn't suffice the there ego so that's for our armed and you go that's what the law school that that's sounds like. Hey you know I finally gave up. Print grating Borg now operated on for probably ten years. And they finally went to. Strictly. On line. Computer through that they don't have the paper test anymore everything is is digital. And I just didn't wanna stared at a digital screen for that many hours and post my comments that way and I just. I like having paper in my hand and play and know of a cut of the dinosaur that's concerned. But it just it may be given up and I'm not in this scene here and you know grew through the software. And ball quick notes in the margin in in that sort out if you had to do the test now. We were in school 20s30. Years thirty years ago this is a third out here via now. Could you type faster write faster shall I would write faster and archetype yet but I'll although now you know and we we've talked about this before and may be on the program put. You know win we knew when I first started we had a little dictation machine right costume would started I still am I still have a chill but we first started. And I would dictate a latter. I would usually once secretary to 23 lawyers so it would sit on that secretary's desk and then. That test secretary would type a letter giving it back to I would have to correct. You know give it back to them and it's signed it sent maybe three or four a's for the other attorney got it. It's seven that lawyers das for a couple of days in the and he responded to her she responded to it. Now. You get an email in the next day. Do you respond in my email. You know what we're well you know what I'm bill I'm busy that you know. I got more than 115 we we can't franchise sell ourselves up we can't grant us off by locate where runner to replace the same time yes it in and that's one of the things that bit that I think has heightened stress level. In the practice of law that's why I think a lot of borders and in you know do the bar association talks about this all the time there's. They were lawyers assistance program for lawyers that are struggling with with alcoholism and drug abuse and things of that nature because. Yet doctors have the same thing they have that because it's it's become so fast pace and in it's everything everybody wants things yesterday. You you know you your your stress level is a lot higher in the stakes are a lot of you know more more people assume the lawyers suing doctors for the malpractice and it's just it. It's a different way of practicing law that it was thirty years ago and it's it's a lot more fast pace now speaking of booby traps is there a lawyer assistance program for. Lawyers who experience in Iraq means going into an area that garbage every. You there. That might be appointed Peter assistance semi did you feel look I do have a quick quick story though we we had a camp then crucial on. A fishing camp and you had to get there by about and so was caught on an island unto itself on this canal in May and we just thought we talked told that look. Two things I want it's really nice air conditioning because it gets very hot summer down in that crucial and grant dollars. And I wanna very very comfortable mattress so we we pitched in we all got you know very nice mattresses and in really cold air conditioning. Well one day we come back in a raccoon had. Soiled all of them off like cotton got into the plains and it was like a box of course we have to take the mattresses by boat. In bring them back improve in the dumpster and it was just. You raccoon skin they can Gideon they've got little little hands and smartest can be and he's just about anywhere yes so. All right well let's let's go to. Oh god damn I didn't you got to work conquest again hey Dan good to hear from me we had heard from in a month. And I get the mayor on the button on the button we got a. Yeah it quit quit the coombs herbal forms. I records of spam problem Lebanon when among house and yet it. So what you ended its debt ceiling. One vote again having to those things grow pretty big you know their snack and on your food. It. Anyway I don't you tell what the have a regular. Claim art com coney on. Employer. Well well if you fear and of course Cisco were fewer employment in you get injured. Then it's a worker's comp claims now under certain circumstances if a third party outside of your employer. Is caused the accident. And you might have a separate claim against. That third party but you have to you have notes quote clay which you have to pay back. And that third party claim any worker's comp benefits are you have to deal with that. That you received. In connection with pollen claim to work with the third party in other words. If you her. A salesperson. And you're on route in year rear ended by another car ball. Which you would do issue would have a claim against your implore for his comp for the medical bills and also percentage of your salary usually two thirds while you're out. Being very simplistic but that's on the overall but you'd also have a claim against. The the third party there party but did armed workers' comp. Would also have a crime against a third party same we're entitled to give review repay any benefits we paid out so. That's all of day earned thumbnail sketch they're very very limited circumstances in which she would have an actual claim against your employer outside of workers there is have to be sent an intention is some kind of intentional thing you know the. Well a boat yet half the on a job but within a certain period it's down you'd think orchestra. Well will they do loses is is if when you reach up to call backs of maximum medical improvement. If you go to our senior secured it just means that that's the best you gonna get via they they would calm you could they'll try to find you another job. And if it doesn't pay as much as the job he had before this something called supplemental earnings benefits as he be wearing basically pay you the different. But by your percentage of the vote is yes this is clip comes close to difference armed. And so basically. Once you reach Max medical improvement you haven't you know you have an obligation attempt to work within any restrictions that she do you have. Arising from that backs in the insurance company will do what's called the labor market surveys and they'll have somebody go that you know trained to do this and look at check out the labor market. And see what jobs fit there's restrictions that your doctor provided for. Our man and then get here and thrown out. Are those that are brake ducts and Sarah reality tell you we can lawyers all things legal will be right back after his brief time they were back Texans are over Nico your weekend horizontal by another four minutes and then we going to use and LSU Notre Dame pregame let's go to her. Got a question regarding are coming or going scaring a contract or hate her view on all things legal ducks in turnover Nikko. Seemed like it's it's got on the complicated maybe I can give them here. Up. Well who that's that's always the case or call on Sunday moments that try it well and again it doesn't have to be. That that big of a deal in terms of in a weakened we can review contract for you depending on the length of the contract. I quickly and easily give you some direction as to what repeating you might wanna put in the now. If we start getting into negotiating the contract and it's gonna take a little more time and revising documents and going back and forth with the other. With the contract the contractors lawyer to try to hammer out exactly with the terms that would give you Rhode now yet exact it give you Rhode mappings of parameters. Okay all right all right die down or. It was you know Garko got a couple minutes next. Got to Texas says Dan you guys are older than I thought there we've been doing this for thirty years now. Thirty years that a compliment or non on now is you know we're gonna law school. Bum Phillips is coaching the saints. Bill our sport is coach analogy. No cellphones. Ronald Reagan was president or maybe Kim had a cellphone or dad owned a home radio phone yet that she was the only one I'll lost live self well if it. So there is so so there you go so. That's some Buckeyes seems like calm in our remember when I started work downtown right across the street right for apple to firm and they just got computers and yeah. I know I remember arm of working I started my career as an in in working as an insurance company attorney for US effigy which is no longer around. And I remember after like my second or third year. They said we gonna start deep using email. Bomb yeah we started using email like what is. But that otherwise I had no idea that the you know we just how how good and tight how many how main ports did you type men. I remember him on eighteen pound our how our house in the forties from I had this I had the study. But it now now the best diapers came out of brother Martin because coach Bobby Conlon. Who's a football coach talked typing. And he had a rule. And he really he's accurate he wacky hand if you and gone quick enough yet technology is Janes and I will tell you this one thing that exchange now with the legal research programs. You know small firm is on par. With the big firms you write my go to these big law firms and have a hole. Floor full of a library with books and books and books will all of those books in their own computer and searchable in and she's doing successfully exactly soon mill you know the small law firms have that same advantage run that they're able to get on inserting words in search books that she liked to books and I'll library doing reason we don't get away with. Giver Aramis could it too expensive to throw away with a well they they make and Isaiah may rise backdrop you really don't read all those books all right well we'll see you next week on all things legal sociedad beat could be blessed state Jane for LSU and Notre Dame baseball good tigers.
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