All Things Legal - Hour 2

All Things Legal
Sunday, December 10th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including cyber attacks, legal separation, legal recourse for non-payment of services rendered and landlord issues.


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 we're. Dirksen chairman Nico you we can lawyers all things legal. Can call 26018 Chevy or Texas rate 7870. Or he calls a law firm Nikko and sincerity of travel 48371304. Probable for 371304. Will be on till 1130 today. Then they'll be a triple header for NFL football. But we've got a hand on the farm on she's got a question regarding being a victim of cyber attack K and you and all things legal attacks and terror now over Nikko. Good morning I'm sorry you eat I have a question I don't know if you can help me or not I have been attacked. On on social and fiber networks. And it's affecting these spiritually financially and physically. Is there any course of action that I can say this person does not live in the same state. They happen to live in the state of Florida I did not personally know this season ending. They have been at it now for two and a half years. What would what would do you define as a cyber attack what's going on. They have gone ahead and made. All statements against my character. They have gone ahead and attack to my children I have tried to set up ago fun to be they have attacked that. They are. Posted my disability. Case and even wrote the attorney. With my disabilities sort of security case saying that being you know me. Well. Where they post that. On Facebook they have eight. Community page which is nothing about me and my family. Well I'm calm I mean technically if they if someone makes a defamatory comments and. A social media. There is could be a civil liability. Did you know part of it is is defamatory. Long to who would be your damages. And you know a lot of the problems that you would well first while you can from pragmatic standpoint you can report that FaceBook. You can report that as say. You know as. This several categories that they have in there. Perhaps like. I have purported overt now 375. Photos and pictures. Well then. I mean theoretically you could file a lawsuit he could file a claim our lawsuit for death from defamation but the only problem would be. Is it appears to practical problem would too whether you would have the financial wherewithal to prosecuted defamation case in most people don't. But in a civil contacts. That someone post a defamatory comments. On social media. There are many cases that. The person who posted it would be liable for some type of civil liability under defamation slander. Well apparently. Okay and the good news to it would I'd. And my bed and myself. You could file a new state because it damages or injury occurred. And Louisiana so you could Follett and Louisiana if she could. Okay and does that matter a bit. Did you know both for and convicted felons and that she has been arrested for stealing other people's identity. When you said do as a matter what do you in the would look what context are you saying that. Date they are convicted felon for. I am I understand but hot when you say it matters in in what context does it matter. Well Whitbread matter dead if it was just a regular person that was. Well if you do have a convicted felon. If and it's a certain type of crime of dishonesty. That information could be brought in to. Determined on a credibility issue affairs is disputed issue com. So you know we have had this and with it like as far as professional athletes recently are firm you know we've had cyber. Palm. I guess information put on. FaceBook about something you know play professional athlete that wasn't true always for the purpose of harming. Them or are you know our family member. And we did write a cease and desist letters saying if you continue to do this we will do several things one we will get an injunction. He's getting a court order to stock be calm ordering you to stop these type of social home media communications to. We also will alleged damages. For. Those improper communications and in that case. You know those cases they they generally do stop but that would be. One of the alternatives that she can do is you can hire an attorney to write a letter. Asking them to cease and desist and say if you don't then we going to file lawsuit and we are going to armed seek damages and also. Any damage says are associated with those in news defamatory post. So that would be one alternative. I think the practical question you have to ask and dosage in situations this. If you did get some type of judgment against them. You know for our money out I damage amount would it be collectible. Why why why you say that. I live for affected this person has. Money. Yes but on the other hand what happens is when people have. A potential for judgment against down. It just seems invariably if it's not you know over six figures. The money seems to be. Go away and possibly place somewhere elsewhere is not accessible. So those are some of the considerations that you have to look at in determining how to deal with this particular situation. And groped sympathetic. That they have a care. Now not generally not. I haven't seen anything that they would be. And I I just was wondering because of their platform is made and posted pictures of my children that have been unwarranted. And my children under AT. So I ideas did not narrow margins. Well I mean I think there is that there's an issues to you know people have a right to. He has a fine line between peoples right to post something that's uncomfortable vs something that's defamatory and that's hard to determine at times especially for FaceBook. So maybe your possibilities hire a lawyer derided the cease and desist letter. Okay it's certainly efficient they have a wonderful. Thank thank thank you very much solace gonna Dell's got a question regarding. Legal separation hated LU and haltingly with ducks return Albert Nikko. Thank you thank you Tim. Separation which came to work. In. The whole. Doesn't hold it into our ownership is the major asset then and how that would affect the property settlement. Well there's no legal separation Louisiana first call on. So which you which she can do. Is he can file a petition for divorce. In at that point. You kit online petition to divorces is filed is a six month or one year time period before you can ask for a two final laws to divorce do you harmed so if you have children under 1818 Iran under. That it would be 0001 year period if you do not have children under eighteen then who would be a six month period. Of living separate and apart with no reconciliation. Now upon the following a divorce. If there's not a consensus. As to. Who lives in the family home. Then you can ask the court in two to rule on that particular issue who's the appropriate person to stay in the family home. And whoever does stay in the -- home the other party can request a rental reimbursement. Meaning that if one of the spouses during the petition divorce. Is living in a family home the other party can request the court to a SaaS. A fair rental value for them staying in the Vietnam home pending divorce until it's either sold or until. It is purchase. And that's liquidate as part of the community property settlement. So somebody can't. I'm in a place to it. Yes that's the short answer. All right well thank you thanks for the call is gonna break that secretary Robert you could you we can lawyers all things legal we'll be right back if his brief time out they were back Texans are Albert had Nico you weekend mowers. All things legal gives column 260187. ER Texas 878878. And will be on 21130. Today and that's all you know if there's more and more liability. Or issues regarding social media post. In this several. Our guests takes on it. I know generally. When I was an agent. In the NFL. He had a cup few high profile players and they had newspaper articles about them involving. Situation wants Wilson altercation. And it was reported wrong. And we had a dilemma as to. What to do about it because. Sometimes. When you go in there and asked for the retraction. You bring more attention to the issue right. Then just let it go to guy nobody knows no end in in the same thing with these the a lot of these FaceBook. These FaceBook post you have to make a decision now the other part of that is if you wanna pursue. Some type of claim for defamation. On FaceBook. There is you really have to hire a lawyer I mean most lawyers on generally gonna say OK I'll take it on a contingency fee basis because. The collection issue is a race. Ares issue right especially by the other issues to Derek that truth is a defense pride and so if there's some truth to what they're saying. And they can prove that then you've you've kind of gone this long way. You know and it may be it may be damaging. Right it may defaming me but if it's true. You don't have a right of action against him because. Artist some or all are at this some element of truth damages there's some element truth ticket to explore that Newton in connection with. Determining the validity of the night in the and then go play the door up to all kinds of things that you may or may not want to disclose too so that you know one of the things we don't Oprah. What do we have one issue we had this would back in nine weeks to do a lot of employment discrimination sexual harassment cases before human resource. In a particular company is how to deal with them properly and you have a situation where. A person. A female may may. Alleged that she was sexually harassed them now okay. There was some evidence of their cars then you got the second part is damages. And saying OK you're alleging mental. Damages are you psychological damage or emotional damages and and one of the depo call aspects of these type cases was OK you're alleging emotional damages that. These type of that you were injured by this either sexual harassment or slaves and hook. And and so would take it to explore is would other psychological issues that you have would all the emotional issues did you have. And whether those issues or spilling over into your claim for damages end. The sexual harassment or employment discrimination Clinton and what that does is opens the door to find out hey you know what other issues that you have. You know as far as your behaviors concern. That hasn't been right maybe you'll self destructive behaviors this are behaving that's abnormal. And is that why York's. In part experiencing emotional difficulty right now trying to Sears segregate those issues out right and so that's one of the. Well ranking be careful what you ask for you know when you file a lawsuit especially when you start alleging those things. The discovery process and usually very wide open. This standard is very very low as to what is protected. From. Being able to be discovered by the other side so. You know it's it's reasonably calculated to lead to discoverable information but if you giving a deposition and they asked questions about. Your history or Europe you passed in all of a sudden your medical condition in Europe psychological medical condition is an issue. And so they can go in and in discover as much as they need to discovered to try to prove. He light and argue their real life okay. Look twenty years in the army have to deal with issues as they are and we did resolve the king clay case. And but. The person who harassed. He was determined. That they war. Had more basically sexually molested as it as a teenager. And so they were seeing psychiatrists over. The fallout been from the sexual harassment in one of the fair issues that was cut to be explored this. Is shore medical treatment we know we know it's not. You know there's some Parra but that may be a manifestation of what occurred to you before. And not what happened in the workplace so therefore. The import is saying we don't we should have to pay for the psychological fallout from New York. From that first situation of balding sexual molestation right we will do you know who were responsible for the fallout from. The workplace and issues. But we get to explore what is what who wears a lawn and local law line drawn as chooses damage or this manifestation emotionally from. You prior behavior or is this from our prior situation. Or is it from this particular workplace issues and and like you were saying. That's. Some of the realities. That makes it a little bit more bright. Different you know where what some people I think you know what. I think I do have a sexual harassment climb mountain but I don't. I don't wanna go back and have that part of my life. Reexamined as part of the lawsuit therefore. You know one or maybe take a different direction on this right so innocent it's just it's and we just we we just relating the realities I mean we're not. I don't delegation that's in the story workers filed suit against someone the laws you know that makes it varying. Available and open it we want the parties to discover everything you know you've got videotape surveillance of me I filed the petition. I'm claiming injuries and you've got videotape surveillance okay. You have to turn that videotape surveillance over to me. So I can see it but. The trade off is. The two person with a videotape surveillance gets to take the other side's deposition. Too he can then. Use that videotape. To try to trip him up perceive he's going to lie about his condition when in fact the videotape to prove otherwise so. If everything is pretty wide open pretty available. You know you can depose any witness any party. Some of the things that are stricter to you know personal income tax returns. Social Security numbers things of that nature bit but it you know date but again if that is part of your Klain. If you're saying hey well I lost income. As a result of your actions. In then they have the right to book that your tax returns look at your work history and confirmed that there. The income was in fact lost in. Look at what may have other other factors that may have affected the loss of income so. You really do open the doors for a lot of discovery a lot of things. That may be of a personal nature that. You don't wanna deal. This is just it's two way it is yet and so you know that's one consideration yet taken a an account when you do file lawsuits. All right we're going to AA CBS update and local news woke Akamai formats all things legal so stay tuned hey were back Texan Terry Albert maker you we can lawyers all things legal you can off. Calls that 2601 it's certainly our Texas. At 87887. Me Tex say terminate seventy and follows go to foam on the scotus now he's got a question regarding money owed for services provided. Face value and all things legal attacks and turn our Nikko. I would add I think we'll take it must call marquis it is of and that. Well I've. Are. Owed one. Three. But I'm on the issues. I'm did disappear. A contact that. Text message email but boy but I am in position. Put it out on bail. That would be cool and. It a couple of things Gordon by might rule. But that it is too a couple of my outlook and this op. That the game and come back. Okay well that there is no self help. Under the laws so basically what you need to do. Is to file a lawsuit against the people that you money get a judgment. And then with that judgment you can of the court. Issue in the writ of seizure with the vehicle. Or other property did you have in your possession that we this year can season seller in pay your judgment you gotta you gotta go to dues yet. They don't want people. I taking possession of other people's possessions. In order to satisfy some sort of financial debt that may be too you have to go to. Oh that would of what I had been absolutely covet what he does all that. Well now typically not. Unless you had a contract that said. That they would pay your attorney's fees in the event they didn't pay you what they go to Q. Mum. Or unless it's you know some statute which I don't see that there is. Come from which you're saying there that would grant attorneys' fees legal fees are not recovered. You could you could return with W. Court costs. Or file a lawsuit if terrorists fees for service things about here these were selling them the property. So that's you know. That's about the extent of now you know you can always go to small claims court or whatever parish depending on the parish and you can do it justice of peace court. Get them served in the given judgment from there which would be a valid judgment and would allow. The should be constable in that parish. On the with a chip solution that perished you seasons that that property. All. Right and let Michael aren't like yourself good luck to you collecting your money. Yeah you know that that that sort of a common issue remark with if you're a landlord. And you have for a candidate who skips out without paying your rent in my left some valuables then the in the end in the little bro he's beaten in you know the landlord just can't. Take the items and deep right that there's a process you have to go through for a so unfortunately you can't hold us hostage. And say hey she's tough talk among key disorder she paying me exactly how or you can't do it legally right right for him. And then you you know did you hang onto him. Until you and then you get that judgment and the sheriff and then go seize. On that property you know it's either too judgment she'll end up getting judgment of conviction in the. Judgment. Fullback Brett and so. To you have to go through a process we have to go he can't he can't be you'll. Or so ago. So all right those are two let's go to break Texan Terry how particularly we can always all things legal. Will be right back after street Thomas hello back Texan Terry Albert Nico you weaken lawyers all things we will we gotta interest in text about. Refereeing. And referees BC when it like for legal show. We'll probably qualified to talk about refereeing. Beak for several reasons one. Refereeing is application of rules to a game which is slowly. Solid same issues lawyers deal with. In two. Armed. I did it for a long time so. But we have attacks from. Ligament last here. From. 895 Wanda it's as Phil barring Phil McKinney. Born on edge in 1954 is a former. American Football League offensive tackle who played seven seasons. Are off former football on our offensive tackle played seven seasons and NFL mainly with that Atlanta Falcons. He was a referee. They cut off Lattimore on the interception that he did do a nice the step in the way seven went before the end of the first half. And how about investigating at the end of the ago. We you know I'll tell you. I can say this now since that happened 32 years ago. Why I used to live behind Ellis now in. Law school. And now the high school basketball referee. And then Al Adel child's play and show off the city championship the nineteen. In 86. Or 87. Day is when two Lane Bryant and demonstrate C. And I got a frantic phone call about 430. And it should you have to go walk around a former Fareed they'll sell short game. Message are you sure is right after exams and thunder ahead Logitech had her home programming go there. And it was after a last exam and Mike are you gonna do this to me. Or you really got to do this to me right until seller Dell solace five I was six years out of BellSouth. And so. I threw all right in and then when I went there they had another Dell sell mom who's mile refereed the David who so often. And it was it was tough. Because. Now Dell shot ended up winning by about 25 points in their planning and Shaw and the shark coach was a guy played against. And Carl and and and as a kid in the car a year too high school. And you know he had to think because. It was only a few times when our free I had to think because. I I got out of my game and I had to think well what do people wanna think now for make this call and you brain starts going. And rather than just called the game and not really can you know not have those issues on the mine so I think it. Possibly brings up a good point if this for a for a we played seven years for the Atlanta. Well because you are scenario he would do. Really made sure to get out of the way and not called anything thinking well that's that's would in fact I told the coach has said. Who's. How much his name but he must seem a church. He's forgive me for us that method that the coach. So please don't bring it up the fight I said I'm going to be very conscious about. You know calling asking fair and and it does or you know I'm is going to be there Berkshire run. And us that don't make it an issue in the first call made you start screen damage would expect from a Dell so Brad. So I can tell you by personal experience that it does put something on the table that you don't need to be dealing with even if it's it was a good call. Third parties will look at it and say you know lot yet he's probably they gonna question it even know there was no bias to itself. That I think that's. Very very at some point did you DOS ought to latitude before before go to our next break. My only complaint about the NFL. Is when you have a game that has is that the only complaint. Now that that's that's that sound is that they re hired Goodell is that a complete. Don't get me started on Goodell that that a 200 million look at how well he got me started you getting a 200 million dollar extension. For the privileges. Totally botching. The National Anthem. Totally. Single handedly. Causing. Big Ten 15% decrease. In ratings for single handedly. Having. A lot of the stadium's half empty the Atlanta game. He saw the red seats it was have to use it was in the 20000 empty seats and apply right for the auto. On this game on a game where are they playing for the division right there fighting for their playoff lives against any division chair right here. And then we're against your biggest rivalry through his rival an actress saw a newspaper report that the average ticket price and that is the last couple weeks has gone down four dollars. Now if you multiply that over the you know 7000 tickets maybe 60000 tickets for fourteen teams and in our substantial money or 32 to 3032 while you're sixteen game it's. Toys like the area itself. And I think also too. I just my biggest complaint with the commissioner he's he's out of touch. With what the fans want and he's out of touch she's she's very elitist very aristocratic. And doesn't understand what made the NFL great and would made NFL great. Is middle America is emotional attachment and willing to spend money on the NFL right that is would. And and would he didn't do is protect the brand. And listen you look at you look at all the cities around the country every one of them you know it is that. Steel factory worker. And there that middle class. Just working Joseph that love to see you good rough and tumble football games. And and that's probably. It's got me they tried to make it more corporate may try to make it more. You know sweets and end in club levels and all that sort of thing but it. The people that fill up. The Betty vast majority of the stadium of those people that this is what they can afford and they're gonna be here every Sunday and that's who you need to cater to. You really alien and I think a lot of them have been alienated. Four of the commissioner being out of touch with their values. And not taking control that and I think he's botched. If she's regarding player discipline. To a certain extent I think he could mean he could've handled the Sean Payton. The Sean Payton situation five years ago and Ford differently. Right I think a lot of that. Is Tom I think he doesn't handle the players union very well. I just think he's out of touch and I think. The NFL has some real issues that were created by him. And by his. It pour judgment is mismanagement and mismanagement of a lot of problems that has the damage to brand. And in they have you'd never awarded death without giving them a five year extension for 200 million dollars so. While it's Don and I now live their business they can do with a very well listen we just have a will Sunday morning an opinion about it and that's it. So all right well let's go to break. Texas area already could you we can or is all things legal will be right back in us district come out all right we're back who got about two minutes let's go to Bobby's got a question regarding landlord take Bobby and all things legal. OJJ Robert. Oh our car pretty well. It. BO. Charter. More. To. Come up. All well. So property. We. But. Well what you call within or. Okay well there's a there's an issue of abandonment as well and if you could send a letter. It's says come get your property or else we're gonna considering abandon it will get that you know. You have to put that property back and commerce and if you put it out on the street then if you know the it's gone and that's really that's all the if you got any if you got an eviction that's all that the sheriff would do was come take the property and put it on the street so so you can clear your property and have a re rented. So. Anyway yeah we got to go to our heartbreak but I think that he protected himself by establishing that the property was abandoned by the lieutenant. They will put on notice to come get their property and didn't do it in the left or two occasions the first time and after they've got written and he just couldn't keep it and now keep it secure payment that we got to go to. NASA news local news who back on all things legal about ten minutes so stay tuned.