All Things Legal - Hour 1

All Things Legal
Sunday, February 18th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including noise ordinance, business agreement, property issues as well as texts about abstinence for Lent.

00:34:46

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 with a verbal or digital do not create an attorney client relations. Hey good morning ducks concern Albert because you we can lawyers all things legally gets called Q 601870. 878 semi rolled down in chief legal question plant trees for question even if there are. You know I don't know I don't get to be in the dead zone sports for me not wolf for you. Yet for you out if you analogy campus just the for the last 36 hours shoot ahead. Pelosi baseball that you gain Friday night. And you hear LSU beat Missouri in basketball Saturday afternoon and relish use in the next game last night 105 in baseball. They for some it's good. Now LSU is losing now while she was losing six nothing in the fourth inning. On Friday night baseball all good with the world one LSU baseball stars for me. Note I know it's different I I'll I'll I'll I'll watch it towards the end of the season I'm not religious watchers. A game like god I'd watch LSU basketball me now is disease Saturday afternoon and I miss via Missouri game that out of watched it and I've been home. But with baseball. You know. You eat you know it's it's a rough sport. When he perfect game is when nobody gets it. And I and I think it's like how boring can that be I understand. That the that baseball. Is two minutes of action spread out over three now exactly out of and a lot of scratching him walking up to them to timeouts in the cattle out of that I think that like the ladies in the yet audience were. You know record roster scratching and spitting exactly but it. Ellis she did come back there are down six nothing. And they did cut in half it Jordan had on Grand Slam and I think Erick Watson had it's Friday rewriting the prodding hiking yeah. So they're down six not in the fourth and handed out taken leave 76 and eighth. No solace listened to the game yesterday. In the tires down 81 I'm like they got right where they want. I could confide in intern out to be that way it was ten file so here valued apostle. Than the loan you now I. Okay this is among the mall one minute on LSU baseball move ball. Some people get upset. That won't personal coach and Eric place World Series. He doesn't play for anything else so he's going to use march. February march play a lot of players via who have never ever performed. Or in input and indeed difficult situations. And that's why they gonna lose to maybe. A swat team or you know they might use the southeastern or just because. You've got to give him the minutes he's gonna give them the minute you can kill it right or lose the game in previous DOS is always lost to so and so we lost the silence on February while I mean he's he's taken the ninth pitcher include him in a crucial situation. So just get over it. So you know it's okay he's playing for championships hookah or. Our caller from last week O John York did just. Jesse Jackson on the line just in our weekly a weekly call hey Justin you on all things legal Texans are now over Nikko. I dropped them all right Tom I'm out. Justin called back are all right pushed the wrong button yes not a person adjustment personal but call right back armed. While we're waiting for just in the call back then are you watching Olympic want Winter Olympic little bit. Mean a little bit if it happens to be on in this open. A lunacy I Google to see if there's any Louisiana residents the Winter Olympics. And there's non U me tell you oh you mean yeah well liked too I just curious your bobsled team I was thinking you know that there was day figure skater from gold medalist something in. He's not a good scenario is right guarantee because the Nigerian bobsled team in an area. Now I think Lola Jones was she want to know she's she's the pops up there. On that question Alessio you did so I think that was the closest that we had that I was just wondered if. You know there are only fifteen sports in the Winter Olympics as they're never they're versions are not yet so there's you know there's 15100 meters. Speed skating are you are thousand meter 500 reader are you into the men's figure skating. I gotta get him out of it. I'm so with either but I tell you what though the well I'll tell like the couples because I have been very. That lady from Germany who knew what the problem picks Fallon one goal that was that was great that's a good story because it sure is persistence and absolute sauce happy for her home. All right with a little extra Summer Olympics. Alcoholics I mean in the end the winter's more majestic Justin we've Justin you back which our arms our connector off you know. So I dropped calls under for my fault anyway. I want to which you know. You don't like be at John Glover mark so are. The news that he hasn't graduate isn't. Yes sir so any pressure meet the governor kaine be a lawyer as say forget it. Source state Louisiana and LSU so I don't LSU baseball rips them. Chris a we I will say that now if you if you did was that. Notre Dame graduate. You remember one LSU played Notre Dame for the first time in 19771. Football how big a deal that wants. That that was like. Really really a big deal. For real issue and he LSU lost three Noth and in 1970 when he played notre danger at titans quarterback in the following year. Probably one of the greatest games in targets trading history beat Ellis she Ellis you've been in 28. And that was when Andy Hamilton won while to a. Oh. Campus in other campuses do you place. Very beautiful. Mike it won't be a lawyer there project on the music it's. Yet new drummer. You know I'm. Anyway I'll have to the point. Been horse or are on Albert you are why do it would. Principles. The net change in 2013. So little musical could each of so with. And now it's 7 AM and PM this presidential run this commercial rent this residential district different orders. Well I news journal also think four for a single family dwelling and like multiple filming blowing like kind of correction. Well. My question is is that. I'd go by Nestle meter and I put in my room at seven gospels but if I put my neighbor's house. It's very principles where's the line drawn. That's good question yeah. Not to adopt a newer number of text last week they're telling you where you can get one and how inexpensive way. To get technical in the summer get one today actually you go I think that invites but yeah I'm I want to win. The law it's unclear. Unclear on how distance. Could I or bodily neighbors foot. Yeah I I thought that. I thought that they had something in there about distance I don't remember like they would have measured so many feet away or something like that. We'll tell you we had a group of guys we got to play ball where. And couple Summers ago well what wasn't Summers ex couple fault when this past few the year before went missing San Diego game in San Diego are. And we stayed on it the place called the big beach house on mission beach and we cut we all of a sudden the people we show up there and they said you know you if I can hear you. More than a conversation level. Stick to a 75 feet away I have to write you a citation. And while cut so anyway I think we're there was kind of weird so it had nothing to do with decimals or meters it was just strictly. If I can hear you you know you hear your conversation 75 feet away. No complaints from neighbors lets you are now likely. Could not take throng isn't like it's Sunday. Rival neighbors downstairs they sleep late eat breakfast cigarettes church and so. If you want to get to have respect for them and in Congo I don't think you have any issues and if if they have respect for UNC just in the to allow we're trying to sleep can you you know pit crew. They'll call me it is there that they would call me. Exactly and there'd been you know that's that's how good neighbors work instead of you know gotten each other trees there you know borrow call on our show wanna know what to do about six put into. Ownership are pretty hard just to take our call and then we you know Albert. Little supplement on that. All right well as some tables go to this go to break that are uniquely wiccan or is all things legal we'll be right back after his brief time hey we're back ducks and their average because you we can lawyers all things legal we got a few text com first of all red Girardi is the snowboard. Today. I think he won a gold gold medal he's like seventeen usual eighteen years old. I mean once snowboarding was I'm sorry into it now wanna write first. I'm out like amazing with those kids yeah it just wasn't your trip typical. Downhill so but he you know. A Saudi used to and I'm OK with that maybe on a just thought it was cool X game at first but you know the truth come around so. Congratulations. Go tigers. And that's one would be all giving up front in nom I gave up drinking and there exercise every day going great thank god. Which is the point no but. On so you've given up anything on thumb trying to give up white stuff. Why itself yet you didn't like right rice in the bread in the starches and that sort of thing is going to be not starches two is being sent start can run you know it's not so much or hard it's just trying to stay from the they were from the postures and the breads and now and Allen answered an area where they asked for all the Tony. This Sunday consider a one day hours a day where you can it's you know you're you're drawn article you want you can take off on Sunday idea from what I understand. Went is actually like 46 days or shall right right so if if you take off on Sundays. Did you go all the way through Easter. Crime within if not then. You go through like you know. Holy Thursday or so than him and he's like so if you give up gambling and drinking. For last. You can go to fairgrounds and its national Sunday owners as that front is that the ruling hit that's that's what regrets with the fairgrounds and upsetting. I mean I guess that when they're very good view. So. Let's say and we talk about armed. He is a lot of dead and sports and politics and get to March Madness that's that's gonna happen rules and and you know. I'm looking forward to that of Louisiana teams. But doesn't appear to be no but I will tell you this I'm watching Alabama play. Yeah watch out for them. What exactly that they play shut down defense they've got some really started I got they got two kids that that could be in the India. They got new Holland's own Avery Johnson isn't coach Wright and Avery if you watch him on the sidelines and you see why they have deep process and you know usually play defense first and play defense personally tell you I was watching him being so Hewitt not a real issues the benchmark but it. BB they had they struggled. Through the shot clock to just catch the ball people war. You know they was denying passes right laughed immunity they must be in incredible shape because they beware you dale and playing defense okay. LSU six in the SEC and in good win against Missouri. Yeah I mean they're they're good they beat they've gone from bad to average in Sulu you know let our understanding got a pretty good. Class coming in so. Hopefully. That we got another two text on the left me wooed the show goes off an olive branches disciplines but it says. I gave up eating king cake in chasing bees kept reliance. That's that's that's new colony in America so well because because more aggressive on now you wanna know are not do have one other question to doubt. What about for land and I'm just asking the question of him Alastair calling this normal give up Newton. And the hole before pearl Lance or are we brought on Friday right. But then they replace it with portrayal would while she grabbed the loft issue that. Not a big sacrifice is not a case that's that's my point so it's. You know a slew catfish fry. The south but here are our aka I got to. Anyway get out. I have got very good friend of mine. He. He came to see me. Here is. He went into business with some friends. And they had a operating agreement that was written by one of the friends lawyers. If he didn't look he's look at really Q didn't review it. He didn't have in us review it while the operating agreements like creek canyon in. Getting man oh yeah still supplying your relationship is how many days you wanna Hannity exactly exactly so. The operating agreement was very much in favor of the other guy. His family who are also members. My god put up a bunch of money. And in so now he's dealing with those consequences in sick about it. And you know I think completely short moral of the story is we you go into business with someone else. It it truly is like you referenced let its a marriage that's made in in Wii U in it and it's a shareholders' agreement when it's a small corporation. Or large corporation and it's at an operating agreement on win when it's in limited liability company which is the more favored. And type of entity these days but. It's going to define. You know. Voting rights it's going to define. What happens upon dissolution can someone file for dissolution. In if they do. What happens to do so on when that don't know design would have farm not getting paid on the money guy. All of a sudden the guy that's running out of the business starts taking these Lipper liberties and expensing things out Mary's got to cars so Foley and a you know his wife worked for the company and everybody's just soaking all the money other companies and others new money for me. To collect my return backs who all of these things have to be defined. On the way here and then that so often it's a handshake deal was gonna make a bunch of money. It's amazing. I'll say this and me included and nobody goes into. A business believing they going to fall apart right there is there a 100% sure they're gonna make that money the going to be around a long commons that the two. No lose situation right I mean that's you have to sort of go in with that. At a tease our guest to a certain tasks and when one party brain and are there to be successful but. According to. The partners when they first need. This is impossible. We're not gonna lose money it's a sure I was sure absolutely but she can't you can't. Approach it that way or from a person and you understand you know look I got a great idea we get some money we do this they're all excited about their business. Is there all of a sudden they don't make the kind of money they think they're gonna make a case and now what happens next. We're at a point where we don't have any money in the account imovie you working. And someone else who's the money guys like walk alone if I put more money do I get a big proportion of the pond. You know now do I give him the big or too want to lend the company money and just get paid back interest in what's my guarantees. I'm gonna get paid my money back and get paid my first batch money yet. Well on on the other shot the news. On Soto continue on that as far as. We you can do before to figure out what the gonna. You're a good match in business rather than finding out after begrudge you find out before to lie a lot less painful just like a marriage exactly and so are we gonna go to CBS news update local news will be back all things legal battle Foreman hey were backer since their governing body were indoors all things legal. Yet LSU game four get to was our discussion regarding partnership's business is Missouri was. At one point five for fifteen. From the free throw line while. And I mean it was unfortunate thing is I heard. That she keel and Dwight Howard working with the team when they're free throws in the summer and yeah and didn't seem to work out very well so anyway. That's free throws if you coaching if you are coaching. Any any level basketball. I mean they're free throw their furry. I mean if you arching over 75%. As a team as a team right is it that there's a huge problem. Yeah all right you know I was watching real quickly on that note. Did you use I'm sure you saw Alou was. The thirty for thirty or something something he has been about with dale brown RJR Shaq auto yet it happens in jest was Shaq was in dale brown said I always thought your hands were Soviet. Right there and that's why you don't like me shoot me with a with a cabbage ball in Iraq. And he said no he set up I just wanted people like me and I'm looking around here look at around they are kind of look at the crowd you know in some wondered oh god upon miss again it's going to be. Also he suggested he shoot the underhand exactly shacks that he didn't wanna do that because he didn't look so Manley and our. Back with our own proudly that are heavier the figure skater he wouldn't worry about it but you know sort of I don't know things self. Anyway arm. We're talking about businesses in. You know policies one of the things we do I think this floors were part. Legal. But we have also observed. Or even then maybe markets about participated in businesses blowing up and and a lot of times. As lawyers we can also were sought a qualified business consultants because we could see things calming. Right that may be the part you know that the principles aren't able to because of you know we always see it you know Winnebago wanna business. Succeeds. They'll come back to decent you know things but if it that there is at fault for the coming back to us to figure out how on why did we sought to see how it. Yeah got how it got to that point attract a lot of times will you know we talked to the clients before. One they're doing an operating agreement shareholder agreement. We'll start asking questions like okay. You need 25000 dollar contribution. To continue operations of the Euro business. Who's gonna do it right are you gonna do it right you have the money do it who's responsible for doing you know those type questions too is Boris in. And one of the things that I I do recommend quite often. And again this is accountable for planning. Situation where you don't wanna come in okay we wanna start a business tomorrow. But. They used to do this and I don't know if you and those still does but they will take your idea and concept. In in give it to. A grad student in the business school you know and they will write a business plan for you as part of your thesis. And soon they will work refused to develop those things because. You can bet most people that are going into business are looking at okay how much is general liability gonna cost how much is that insurance gonna cost. How much is my rent gonna cost how much is my tickets triple that leaves what will the property taxes. You know on the go lease this building without looking at the property taxes all of a sudden gee whiz it's and grand a year property that I didn't budget that. You know what how what about salaries do we have enough unity and what's the number one reason why business. Lack of capital lack of capital sleeps at a certain business school said it law school in their business law class. Not enough money going in because it takes time usually. 99% of the times you business to catch on for you do it. Develop customer base and those types of things in people's salaries have to get paid rent has to get paid you know. Inventory has to be purchased tickets as some sort of retail or wholesale business so. We do a lot of of planning. In in. We we ask you to do a lot of planning before you commit and what we wanna go and abuses we've got this great idea okay. Who's gonna do this who's going to be responsible for the day to day operations. Or they're gonna be limits. On you on that person's management authority of the business. You know checks over 101000 dollars have to become so. Local people who do get loans can borrow get try you can borrow money who can borrow money does it take the consent of the majority of the members two thirds of the members. You know and now we have that it is three members and yet we want two out of three to say yes we pick you've got to be able to all of which. Which decisions you need a unanimous consensus exactly so I mean there's there's there's a whole list of wood chips except. And a lot of times. When economy and there's a lot of enthusiasm. Sure after it is the what if questions as like. I never really thought about her reality it right thing hey you know are are you may see now the manifestation of where they are not on the same page and always give the example of you know when YouTube YouTube people were and and you're wrong and I. In the you know their whole lie you know you are my sunshine my stars and you know you poetry there reciting poetry. And then some ice is now with them you know clergy person says. Hate. Okay let's talk about some real things one how many kids do you want one says six and the other says zero and I like blow right. Right and we and we you know which we're too busy looking at the sunshine in and roses and and all I taught a thing. In the same thing with the opt to resist a little bit of business or go into business and and you know what's gonna happen okay so then what happens if one of you guys. You know what he's gonna you wanna be in business with the U partner spouse exactly order they just become an signing of the business where they won't get. There benefits and and and you know. And an advantage and that's all us other issue right is because if you do have a partner passes ought to in this files. May not have a correct understanding. Or have no knowledge whatsoever it is best to deal with with the status of the business righty you know a lot of businesses. Are worth anything to yourself. Right I mean is I'm gonna generate. A lot of cash and it's not only is it doesn't have a intrinsic value and to sell well and a lot of businesses especially small businesses are or based upon. The owners of that business and their relationships in their goodwill and their contacts in there. You know they're working in that business for human Mars when that person's gone. It it severely affects the value of that business in removing four. I NL. Another words a lot of businesses the value businesses is split between a person's years. Yeah and if if they're not operating between the years and it's greatly diminished so. All right well let's go to brake ducts and terror over Nico you we can hours all things legal will be right back after his retirement they were back Texan Terry govern because you we can lawyers all things legal now we're getting these text. These Latin Texas that says we got one this is Doug I gave up alcohol twice for Lance I'll never do it again at. All right it's hard to do it hard to do a New Orleans I got to you know other father Tony. The official priest of all things legal moves thing maybe it give us some law. Inside. Right on these. Well I do and I must CI OS and my wife and I have have. Kind of gotten too good to routine of on Friday when I get off work long week. And you know will. Puts in cheese trees so yeah. Have opened up a little Bobble one inches it into a little one season for conduct. Relax and count on one from the week's. That would be hard for me to give up on Friday evening line coupons and that's it. Yeah. And also we all I have a question we got a text animal put this to you because I remember one where property class. You always who's eight and all on Friday morn today you always. Bright eyed and bushy. From coming in from. 7 o'clock in the morning from Europe you're just this just in time from. Just you know to slow proposal for missed a loss and therefore mister Lawson is says it says can I booby tricks up my property. And it's. Is Echelon that's that's actually more reports questions the thing. And if you were call. The in torts class there was this spring loaded gun from Prosser in torts. There was the spurt there was a a guy in it was you know not Louisiana it was somewhere out west wherever. It was one of these kind of vacant properties and people kept coming along and taking things from his property so. He got tired of that and had a spring loaded gun attacks due to do war. And shot somebody you know is he wasn't even there but he took the gun up and they opened the door and you know the string pull the trigger and in the got you. And of course he got sued and then you know it was of legal deal and basically these and you you you can't believe the threat property. Can you have an electric fence around your property yeah you can put signs up and you know posted David electric fence be careful. Can you put barbed wire. Above your friend she gets open and obvious. It's not a booby trap because of booby trapped comic connotes that it's. Hidden in in you know somewhere that you're not gonna see it and trap door to force of that. But otherwise. You know yeah you you can protect your property but you can't do you know every door that swings and closes and it's about me in the face ethics abused because. Like when Alec governor morning you know air when I want Argo are out to mark Karr and this is probably every morning instead of going straight to mock car I have to. Pick up three garbage cans full of debris that is all over our drop way because of the raccoons. And I might I've always thought about. What I can do to eliminate the problem. And I've always if I didn't go to law school and think about torts class that's exactly or think about maybe. Somebody my neighbor who belongs to Peta who would get very upset right. I would like to take very decisive action against those gala honors graduate in this case it. And we you know what when where and when the kids were little they used to booby trapped house with with toys all over the place in you have to kind of step carefully you'd slip and fall so. So what do you really can do that. We're probably pose some problems that the and I gave myself a legal opinion saying I could not. Act on what I want to do for several reasons and then. Even if somebody else's animal who doesn't. A genome an enemy. Came into that I might even have a problem with what they do have used those corporate cancer have a little class they would they still do that picture out there are pretty amazing. The other pretty amazing. But but basically you can't do anything to your property that is hidden. You could cause a danger to the third party access and even if it's open and obvious she got to make sure that their body knows about it and there is no misconceptions about access and also to either sucked in Burma this one attractive nuisance yeah. Yeah. Well that's the whole swimming pool at this one yet and so they've they've got you know city ordinances where you have to put it that minimum six foot fence around. And I'm not sure where they stand on those little self closing gates even within the property. As to whether or not. Those are required of people Jews do that is a good measure when they have little children's of that awful in the pool. We gather is the attractive new you know the rope swing in the creek in that kind of thing you know. He it's it's attractive nuisance for the kids in the kids you know. With the don't have that level of understanding to appreciate the danger. In some boys you know that that goes to H 45. Run on them all right com. Europe that. Burning their brick home no Dave Murray go to the star break days. The fifth at that apartment that is on a follow their break Texans area over Nikko you're weaken or is all things legal will be right back they were back Texan terror Albert because you we can lawyers called things legal were on till 1030. Today and then at 1030 got to LSU pre gain. Where the game at 11 o'clock against the nerd to Dane fighting Irish. The fight you know I Abiola SEC network your favorite TV or it's going to be on ESPN is gonna yes it can three seeking get on ESPN you mothers would just listen to you were you all listen you're Spartanburg regardless. Where. Absolutely all right we got a armed caller who left a message and they ask. Or you allowed to set traps for nuisance animals when you property. Do you need to set up signs. I have a for the for the animals probably not but armed. You got as there's a couple of issues regarding that because now. You know since animals now have such a high place in our society. That. They may be some issues regarding. You know. In in municipal areas and you know analyst how you do it you know I think they'll I think right I think would the city or mr. Downey would rather use. Is rely on animal control the city rather than taking things into your own team. Yeah and then you know of course if you have squirrels in your attic they they're not coming out you can you can bet so which you'd end up having to do. Is either trap on. Brian because they have the squirrel traps that you can go to you know what pets that's what the Blair house within your house yeah. But out in the yard you know which you don't wanna do is is set poisons in those kind of things because they're cats and other other animals that may. Get in your yard is you know you you accidentally poisoned the neighbor's dog or cat when. You know you're trying to keep. You know some some a rat away or something you know some other. Apartment but. So you gotta look at all those factors but it whether it's rural or reverses on you know. It's our guest saw in a suburban or city because a lot of times you may have animals set warrant. You necessarily enemies as I was we'll gather something that's farm attorneys that does that could wander into this traps. And yet you're you know you're in Covington in there you know on the forget the time recovered to in the a scope. Terrorized our whole neighborhood I mean this thing you can smell for blocks and blocks and blocks and collected at the coincide with our. But does if if if you've not smelled the spooks well it's it's a pretty. What anyway so maybe we should get back to law we got a cup that is a law that is law I guess I mean has people's liability one that would thickening connected okay which he got. Yet that's got to mean we use we you know got a minute for the for the break we can. Talk about and other issues. I got a call. From a lady. She. Had an issue with her contractor. You know you're one of these flood Kasich. I'm giving them on the back and with the construction issues they're having with their contractors and everyone else. Once again and of course you know three units is our tenth year in the show and him for years specially after Katrina. We've been. Trying to coach people up on. What to expect with your contractor and what to demand which you're having a house redone. And having your having written contract it's very specific. And haven't reviewed making sure that you is the homeowner are protected. In this situation she gave money to someone in. He was licensed well he had a home home home home improvement and home improvement certificate. With the state which means he can do work up to 75000 dollars. That's fine they're they're they're plenty good in a home improvement contractors out there. But. You know took the thing you have to realize is that these guys. Have a cellphone in the truck. In an an LLC. And so what happens is if you have to if they take off with your money unless it's contractor fraud if there's some sort of screw up if there's some sort of defects in their construction. You have to be able to have a pocket to go after and there really is known for so many contract to see you gotta make sure you get the right one somebody's business somebody that's been recommended. Somebody that can be I you know I. I must say this stuff he's not a state contract absolutely that he let out. All right we guard job first our break we're going to national news local news will back on all things legal so we'll see in about ten minutes.
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