All Things Legal - Hour 1

All Things Legal
Sunday, December 10th

Lawyers Doug Sunseri and Albert Nicaud answer legal questions from WWL callers on topics including flood insurance, attorney issues as well as prep football and the recent Saints/Falcons game.

00:31:11

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 our digital do not create an attorney client relationship. Hey good morning Texan terror Albert Nico you we can r.'s all things legally gives call 2601 A semi or Texas at 87878. Texas you're legal questions. Or your sports questions. Sunday to football see any question any questions you million answers follow law don't do much politics that we circumcised are we from politics in some sometimes we do little. Financial. Slash legal CPA slash legal. So whatever questions you have we will answer them are we will get you. In the right direction got a marathon today. 1130 yeah this I've probably eyelash of the year yet unless reflects the Atlanta game which I doubt due to. The that's Christmas the Christmas always that we are common interest received on Wu we will we will is coming respect yet we will about it. I'm here and get and at that. So will run would say this is it. We did we did get re up for another ten years army in the front cashier but if you write it we you know not doubled our salary to run they'd LS salary you know I'd drop a hard bargain you know Amtrak's aloft for twenty years. I knew know how to negotiate. Yet and we had to negotiate in nine years. Twice right going on this time next QB thirty while the genome are not negotiate because this negotiation would have jovial occurred between. The state trooper. Station on the service road. Awful of causeway and I'm not sure and and and our nor shall office which is about Porter Ramallah. And I drove a hard bargain because when W derail so we want to barrack pretend here I said okay. And they're in negotiation was over but he got so that's that's that's how you negotiate you know as we went to school for. Could you gotta understand you leverage the. And we did get double salary com an older yes we get some other concessions. Still had not our green room. Now we have not a caterer yeah that cater to a store and show our dressing room. So. A second track we go to that we both need to make up I think it has yet we are we are streaming on FaceBook. Which you know if you wanna. You know our our armed we're streaming on FaceBook I don't know if that's what I was seals on it here I was if you're out of them. Range of the of the bigger ego Rio. 87 me. The big crank up the power on Sunday secure our expression in a morning like this yet they have lots lots of states to that if you're out of range you can hit us on FaceBook we're on. Nikko and sincerity. Law firm page on your FaceBook page my FaceBook page. Are those built an ICA unity for those who don't know this it's it's. The art you're related to the coffee lady in Haiti and I I don't know if I am not that. We have the same last name so yeah that's very strong possibility that's right she's she's she advised she rose Nikko rose she invented. While saying that you brought over chipper now I did I don't know Joseph Coffey was the first woman of color. To whom abuses in the United States she owns a coffee cart. In. In the French Quarter and pushed it round and so coffee to all of you fruit vendors and all the vendors in the French Quarter and to Yasushi. Took his place in America Coca right Grozny coach approximately. Coffee shop well you know fittingly. So that's that's cool new walls will get a new house history 300 years why are fairly emigrated here. Burch from France. In Haiti in here and we imported coffee when woody here's who would make sense that. With her last name she was the in the coffee does it. Interest in him. If he was it was sent to Maine it was for a couple of prize. And car contrary to popular belief the sincerity finally did come over here to import loan sharking gambling so I just want to clear that I. Words that we so this'll fruit if they go. On affront. Hopefully to imagine an end in front of the black curtain. The lab behind the black heard around the net and may I just heard bells going off and you know HK and donate and dies. Now com. And you ambient intro. So where we're going to be here for three and a half power so he could talk about any heavy handed to kick in if you cover the civil code or how. Almost withdrew legal question please we have a lot of time to talk to you today. Yum but I do you wanna mention while we're while we're chatting. The saints game. They are they big Al is a very hard they very our performance you know to go there and and you know. Of course. I think drew more than anybody else is kicking himself for that last pass. Real rookie mistake throwing into triple coverage. Although I do think the tight end had a little to do with it because we you make that route. You got to break it awful you break it off in front of the defender you don't go behind him you know and and that's what he did in the UP and I think that's what. Drew you can't always count on. But he had it was triple coverage and it wasn't Jimmy Graham so you know you don't put off to the back you pick up another cent or you either kicked a field goal and go to overtime. Well what they did was they set up to play before would release the flared out to a laughed. And to saw open up that middle and other words stay he he he dropped back through it like it's almost like a screen pay you we were hoping depot would go with him right spent but then they would say okay. Justice sought to spread out to feel and then he did tool shoulder fake and then meet Deion Jones made two catchers from jesuit high school right and just just a phenomenal athlete from each is Scott he's one of those. He's one of those rare players who looked wonderful for. I was gonna say National Anthem before the game starts. Deeply he's a football player in other words has a lot of football players. Who were like look like we have played no part Tarzan you look like those in play like Jane Wright but he's got both. And that's why I think the way he is undersized and he's an undersized linebacker buddies he's fastest can be and in with our when you're playing in the saints. You know you're gonna meet a guy that could cover the field the that can cover the back out the back field and cover the tiger in the community can do a lot of things sneak into. Rikers. The bumpers don't do so I mean. When you playing the same seat at two jumpers it to us at linebacker it and they gonna they gonna kill you with. Camara and sure NN and Inger crowded backfield he's she's got that close isn't on the sob on the sideline. In the in the hit to Ingram you know. Part two tomorrow I'm sorry to Camara you know it's a shame because the scene of an entire game plan. Set where he was going to be an integral part of that game plan and you know kudos to coach Payton who. You know adjusted the game plan to to be able still score some points. You know shame shame on what with the extra mile field goal at the end of the half. I thought you could call a timeout views a timeout and not have. It took that penalty not have a runoff for whatever Yahoo!. But I don't know a bit of your favorite would have been able to do that they wouldn't. Would about the I thought that hit if you thought there was helmet to helmet I didn't think so you think the images he dispute. He's head was in the wrong place at the wrong time he was falling down on and he would lead with the crown of his helmet you know he's from raptors norms around him it was it was a technical meaning just if you human side of this side impacts a lot of times lead to. We can they cannot have Thursday night games and more. Unless you coming off the dot Abbas but even them both teams would have to become an awful right right. I just don't think you can have it this is just it's cost too much it cost too much of players and yes it is they have four days to recover and they got a traveled in between and he had a players' association. I think the other word about a lot of things such as other issues that are occurring right now cotton that are meaningless. And the things they should be warned about this like coming off for four days rest it it it's this is not just it's bad for the players. The unfortunate thing news. The mechanics of a concussion. You're not going to be able to stop. We going to be able we've changed the rules or whatever but bright that that you're not you're you're you're. Your brain strikes the inside of your skull and that's what causes the concussion. So. The impact is going to be. What causes the concussion and you can try to lessen with. A helmet and padding and things like that but at the end of the day when the forces are coming together. That fast. You brings gonna hit the inside yours go regardless the question on day I think the other six injuries. Maybe attributable to the four day yeah absolutely and and and that's tomorrow's you know I mean that's devastating lose they'll seven stars yeah basically yeah in in the game. I mean you're in the game and war. They were almost won the in the middle of the 44 penalties for first downs of one drive co mourn really. Yeah that was and other issues I mean it's just it's almost like the fix was in you know because I think our. The NFL wants to keep it close of the game Christmas Eve will be watch. I don't I don't think that I I my my assessment is this I used to be an official. Are officiated all through college law school and after that. And I think one of the worst things you can do is over officiate. And. Mean that the rough in the pair sir I mean the guy kind of trip to put his opinion on on. The quarterback and fell down and flop in and they call roughing the passer gives a souped gives them firsthand that drives and a. Cherry when when you call. And I had this basketball. And you have to make an assessment. When there is a this three seconds a plane almost Larry Platt I would scream at the players get out Lang get out complaint because. I wanted to gain to continue. In the only time I think that. You call penalties this force using use discretion is concerned is what it has an effect on apply right and so if it's on a punt return. And you have a player who's twenty yards or you got to run kick kick returner twenty yards ahead. And you have a block on the back twenty yards honey can return and it would not had any effect on rough play. A might look the other way or oral hold per hour idiotic because they're blocking it does not have. Aid to the purpose of the county is you get a material advantage right on apply like offside she's starting at a position you know. To further ahead and I think. Would officials need to use you lost in the NFL games. Is discretion because people do not paid money to go see the officials. Even though Geico commercials American you know I commercials about officials and that's not a thing we don't. And I think that's the thing that's upset you know aggravating that. You know you have. An entire drive. That is is based on foretell exactly and they scored a touchdown in just like if you remember when the saints game when he lost to plan alas you know opening that. And I meet you do not want to gains to be determined. By Al highly questionable call Dick doesn't need to be called it did have a material effect on applied. And changed a whole course of the game in in this case which it changed introductory of the saints season that last year and use their first game in the you know it was bad but that's just follow. But all right let's go to break that's Jerry Albert meekly we can or is all things legal will be right back after his brief time they were backed ducks enter Auburn because you we can r.'s all things legal. Our before getting to illegal stuff also have to give a shout out to mark. High school BellSouth. Played two loss to U high 4945. To nineteen and they'd probably one of those games they've liked their back. Because. They just when you play the state championship game a certain things that. Just happened that just can't happen right and you and and and in win but they they played very very. Very good and so congratulations coach Reiman finale. I'm Gerald on the quarterback he was hurt turning game having you know turnover deep in this on territory have gotten special to come out of the game. They played there and he's played on one foot basically right and you know it was just it was a tough game and bring what is great he's one of those games that went. Just a little south now I had a great thrill at the game on. I saw. Powell fauci who was I was there yet he was in the first or he was so thrilled either physical therapist and and he was just. For the people for the Mondale's. Tyler are Gregory mills are 1970. And he played ell she Hughes five they said he was 511. You 59 at best and he was all American offensive tackle believe our offensive guard and Ellis shoot first team. First team all American. That's 59510. On the offensive line. He played both ways right and so when I was a kid seven years ought to see Tyler and I thought alassane. Just oh my goodness oasis I just you know he was just. Right greatest you know loses a throw forming. And then to see male issue and Nassau match the game and in our I told him awesome may have. That's just knew you were like when it is mythical figures to me growing up. And I'm fit ousted him I said you know his last Hamas saw he was on the Bob Hope show in 1974. Because that's he was on when they utilities to first team all Americans right and he just he just uses news is cut key. Hughes tickled about it and so are. So you know go saints chant are Alyssa I think let's take a phone call on flood insurance arms which I'm glad this is been brought up don't wanna talk a little bit about this. Hey Shay and all things legal attacks concern over Nikko. Happy holidays. Merry Christmas. Recently found out. Sort substantial amount of time. I have been pretty. All the pain auto insurance. Our way to enable be it and you charged he and in during their brief shirt found out that I will unity. Tax preferred. Toward. He hand. The I was I was the inch caller charged. Like. And they didn't much. Laughs. Bubble bubble like it'll probably somewhere between. 800 to a thousand dollars a year. Or be let. Com. I don't know. And a ten years something like that. I contacted my insurance company. Day except a contact FEMA. Good luck tactic when they contacted treat. I got a email back from my insurance companies say they spoke to feed and actually what was going and who. Did that that they'd they'd be it was statement. And it will be re. Very well. That was sort of pride in autumn on day one day our guys about it email from a company tell me exactly how much. The response was going to be. Which up words extremely quick. For Obama to calm back quickly from the Fed the federal government directs. Correct oh are now that we want to send me. It is no yeah it about a third war rise he'd be total would be okay now. There's some research. On where where they. Change a thing you know we're gonna work Marguerite would it take to heart breaker good news watch can you hang on and we'll finish this up on the next segment we are go to CBS news update we'll be right back which change the finish up on his off flood insurance questions were back. Duck secretary Robert Nico you we can lawyers are all things legal war on 21130 today before a triple that are in football and down you know before we get chain saw that you know listening in there tomorrow. Climate change and global warming California. Note however changed you know that will want you know I wonder how who agree they guy tells them that if a wonder how much colder it would have been a couple of days ago we have global warming yeah you know snow and all but that's just in the story. All right let's go back to change change guy issue regarding flood insurance based he's been. Paying on a preferred policy over pain on this flood policies for lasts eight to ten years. Called up FEMA to give your refund they said we will but the refunds about a 13 as much that it should be at their current shame that. That it that is correct and and let me just state their by OK. The insurance my -- all borrowed. All right like most people are just they agree that that's what it is and that's what it's created in both sit up. Opposite opinion that it would look at it to see what wha. Cho. It should be search out what it FEMA site and consult well site they talked about. Are if if the discrepancy or claim mobile payment. You know they take you could contact them they would look into it but you will limit practical impact on them. Both. Years ago and in view to approve. Where the mistake was made in one. To two people back she'd be that you would. Whatever it was once you you'll you'll trade and and my question is. If you work while. And it's spent so much time you have and how much energy you have palm I think eventually. Pom. You'll you could get it back but when you ask for refunds from FEMA in these type situations which you gonna do is you're gonna send in the information. And then they run acknowledge receipt in an hour gonna do sometimes they don't miss our follow up so when you all back that's all we need this information again. And then you resent it again you might have to do you got 45 times so one thing I would do is when you submit information. Keep a record somehow that they receive did maybe through a fax received are well email receipt. All our you know certified mail and you are likely to be asked for the information four and five times. Price for. They respond to it. And there are a lot of frustration people have with game in these types situations they'll submit a latter they'll do everything that they say and then you know here from. Then you get him on the phone and they said are looking at the at diary and we didn't receive your information are. You know. You send it again now one of the things I would do as a practicality. Is if you dealing with the customer service reps and today at FEMA. See if they'll give you their name in a direct line. Because what happens is if you can deal with one person. In these type situations. You get a little bit more accountability in the may have a recollection as to where you war. And they ought to some continuity. And and attempting to get this information back. Bombed but when if you say you know the question is is it worth it for me to do this it depends whether you had the energy. To allocate the time to do this and you hit the patients. And to not get so frustrated when they continue to ask for the same information that you worry provided. So I think the answer to your question is yes you would probably eventually. It truly back. I might not get it back into third fourth fifth or sixth request you third fourth fifth or sixth time that you submit the same information you submitted for war. Yeah I just don't I don't know. If the physical makeup instruct what else out and you know what addiction. 3000 dollars in and that's not some money I hear you and it. You know the picture that you're pretty usage by their advantage of it it's. It will we can tell you to that you know after this whole Katrina thing that a lot of flood or an F five. In this area in the eastern district of Louisiana a lot of law has been made and simple too simple answer is the insurance agents. The mortgage companies. And FEMA have all been protected. They're in the process yet of their cases where the mortgage company. Didn't pace someone's premium from the escrow even though they were. Propel growing the money what they're representing that they would Andy even represented yet that they weren't paying it. And in the court said no the escrow agreement media mortgage agreement says that they're not responsible Savannah well. So yeah and in Kabul will go into an heir to the break as far as how flood insurance is a little different. But you know again I think only chip so I have for you in dealing with this pragmatically is. One CT can get a direct. The phone number for the customer service rep festive and the other advice I give is mass speak to UC applause. And then unit. You you talked to supervisor. And you say hey on this day I submitted made this admission and a receiver spots on this day Aristide this mission not a receiver spot. On this day you know and then you sought to take them through which he did. To try to get back the premium that you are entitled to from the overpayment. See if you can get a direct number and asked them to do a special law elevation. All escalation. In in trying to recover it. So you just change of focus on movements that led for a street you realize it is what it is in just go after the money. Right well what more quick question and issue if you wanted it. Right all and I'll fall and it went in and they in and actually do it on the. Have the right they would have the right launch it brush with the Cote. Without a legal proceeding right. On well you know that's that's that's that's one of them. Yeah issues political debates where haven't is accomplished I heard his government have over your than we can they do with taking active and I agree with that and you know we we if we filed a we have about a hundred flight claims right now on that group. And you know would Lou we do as we say look we can't turn the Titanic. 22182 to get them to change your procedures who we say is we try to feed to lying to the line and the federal government. You know information that is digest a bull move for me being there if there's a line. The lion the lion. Well it's it's my it's my he had accent that is. Hard to distinguish and science so much yet inspection arm. But yet so I think you know it's ahead of you if you lower your expectations. In expect the frustration and expect. Poor customer service then you'll be upset. When that happens. That is following advice that's pragmatic pro after Jane keep in touch less right right everybody else back there was no look our progress make it all right a little brake ducts and Terry. Robert Nikko Leo we can lawyers all things we will be right back into this brief time out all right we're back Texans have a. He could you we can lawyers I have a follow for change. Katie. Muse my daughter second year law students to work force since excuse thirteen years old starting from the phone. She attacks this could she is study for exams right now to set each FEMA employee has a FEMA number. So when you talk to a customer service representative. And you wanna have continued communications with that person's that'd be continuity in the communications. Asked for their FEMA number number so that. You'd have an identification into when you call US firm on employee number this guy and they'll get him over to yourself. Thank you don't thank you Katie and are you just. He discerned yourself say 25 cents an hour race let's if. Yeah. All right let's go. Let's go to Eric's got a question hair care and all things legal Texan Terry now over Nikko. And guys and I never mind if she's here I have not. It was cut. Not your typical law losses and oh buddy of mine and it's an attorney got a small law that this was in and one assistant. He agreed to take the case folder on the contingencies. And other I don't detain anybody else. Our approach. We did initially it was several people involved in the lawsuit we did this when you know any a and about the one of the of the parties and eat as soon. And that was in 2000 this thing okay so the 15%. Gain of that would maybe once or twice about it. In the past maybe. 68 months I've been called in witnesses. Sent them a couple letters. And acting and being back on his followers you know if if you know probably pick who's going to do anything you know Newt has happened and it. Aimed I did the research and is it looks like we'll probably one a lot to lose all the states that there's a period of five years it was at its its door and it. At least three years three off sort what is it three years are OK okay. So if it was thought that hit me. You know eighteen is coming out all right. But I. Because of the idol wanna do is going to hurt with the ball and like like that so. While they keep you probably should send him a very strong letter. Saying you know listen I don't wanna have to do their summit have to come get my file because you know protecting my interest I have to turn this over to another attorney. So at least something can be filed to protect the case from being becoming abandoned. I mean you know you take take a little. Stock in Euro Cason and make sure that you know this guy who knows what's going on with a bit. He he's got to either step up to the plate and in file something in keep it moving or com or you got to pull it from Lehman and they have somebody else take care for. What they've portrait of the three years would would would go go by not I mean he knew he would have and you know insurance poor. Who pulled toward right if someone would go to dances his insurance carrier group from making some. Our route he don't have insurance program for you you mean he doesn't have to buy long it. The most lawyers do. He would have malpractice policy. That would cover that that again. You know this this whole case with the case doctrine which you would still have to prove. A prime Afrique from a phase case that you do you have a valid case and that he could have been successful. A person but are there. So I mean it's in that situation best thing this is you know he'll sit back and sued his insurance via via after via did you know it's going to just sent a fax or letter saying look I'd like for you to meet without me with you for a half an hour 45 minutes. We please provide me time and day where we can meet with in the next couple weeks and I just would like for you to explain to me. You know exactly what's going all of my case with you will we do a lot of times and lawyers on like for example you got to trial for the next three days or more and and so if anybody call you tomorrow. He probably never get back with them because you're out of pocket I've been sending emails saying there's you know I'll be out of pocket too so there's so. Whoa you know Lotta times. It's all from the waterside you know we have these type the time constraints because if we're in a trial it's like. Everything the world stops Ross in right to have cost trade on trial but if you send a letter and say hey. He would like to meet with you are too. You can ask you lord to say any correspondence that leaves the office please copy me on this. So that you can track what's going on as it cars. So if you asked them if the client gets a copy of everything at least he officer comes and then decline you'll feel hook now I understand what's going on and I mean on the other hand we got a break in the second is that. The time unit time more open litigation a lot of times it doesn't. Is Chu woo wee we just on a different timing since it doesn't move as quickly look at what you want to are and let's go to break Texans are covered equally we can lawyers all things legal will be right back into his free time out bear were back ducks and Terry Albert Nico your weekend. Lawyers all things legal got about a minute and a half. Talk a little bit about flood there's a deadline we'll talk about it. A little bit later there's a deadline in Baton Rouge who vanish flood to file your proof of laws for if you want supplemental damages from the August flawed due August 2016 slightest December 31. At the end of the month. So if he's to be fear have prepared your home you've not received enough money in that you want to. Preserve your right. Q. Obtain additional money from your flood policy. There is a hard deadline on December 31. You have to file something called a proof of loss. Indicating. This is how much more money I want or need for my flood insurance. And then you'll have to attach. Contractor's estimate or something to substantiate that we do that off. Ferraro. Ferraro a lot of the Baton Rouge fled dom insurers. He gives call law firm a final 48371304. Final 48371304. And will be glad to arm you know we've walk you through that so armed we're going to operate national news local news we're back in about ten minutes and all things legal.
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