Louisiana Questions & Answers

Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Answered on Apr 26, 2017

A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can be reached at https://www.ladb.org/. Good luck.
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Q: Problems arising after the sudden death of my nephew's ex-wife. Her S.O. is claiming paternity of their youngest child.

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Apr 26, 2017

The general rule in Louisiana is that a man has one year from the date that he knew or should have known that he was the father to assert his paternity rights. Therefore, under the scenario you've given, your nephew should have a good argument that the "other man" has waited too long to claim paternity. Your nephew should consult with an attorney immediately if his paternity rights are being challenged so that his rights can be protected. I'd be happy to discuss this further with him.
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Q: How much would denied inheritance cost? Where do one even began the research or who shall one contact?

1 Answer | Asked in Estate Planning, Civil Rights, Energy, Oil and Gas and Land Use & Zoning for Louisiana on
Answered on Apr 26, 2017

I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can be creative in how they charge to make their representation affordable to you, including charging a percentage of the recovery, billing hourly, or a combination of the two. Give me a call, and I'll be...
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Q: Can a person be charged with vehicular homicide when they had no drugs are alcohol in them ?

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Answered on Apr 25, 2017

Vehicular homicide requires the killing of a human being while driving with one of six types of alcohol/drug combinations. This can include prescription drugs or other medications (hint: Ambien) if the package contains a warning against driving. See La. Rev. Stat. §14:32.1.
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Q: Is a Payroll Clerk job covered under a Human and Social Services Degree?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Apr 23, 2017

It is entirely up to the employer to decide whether a certain degree qualifies you for a job. Except for a few highly specialized exceptions (doctor, lawyer, veterinarian), there are no laws requiring a specific kind of college degree for a position.
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Q: Is an injury settlement acquired during a marriage considered joint property or only the property of the injured?

2 Answers | Asked in Divorce and Personal Injury for Louisiana on
Answered on Apr 21, 2017

1)it depends on state law, and in some states it isn't settled. 2)Secondly, when it was used for a joint purpose, it would become joint property. As such though, if the property settlement includes equity on the house he might get something; if not, then I don't see it.

Why not talk to the lawyer who is representing you? If you don't have one, it would make sense to at least get a consultation.
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Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Answered on Apr 20, 2017

Bail him out and hire a criminal defense lawyer. If the "probable cause" for arrrest was as flimsy as you say, the charges should be dropped or reduced to a misdemeanor by the prosecuting state attorney. Handling a criminal case "pro per" (without counsel) is a recipe for disaster.
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Q: Can I sue my employer for not paying me while on their time?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Apr 20, 2017

As a general rule, no. The Portal to Portal Act of 1947 states that travel time prior to the start of the day's work is not paid time. However, there are exceptions - for instance, if you perform any work while on the buses, or perform any work *before* you get on the bus in the morning, then the time should be paid. Given the amount of time at issue, I would suggest consulting with a local employment attorney for a more detailed answer based on the specific facts of your case.

Also,...
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Q: If an employee is fired is he entitled to accuired unpaid vacation time? If so when must be paid?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Apr 19, 2017

Yes, any accrued and unused vacation must be paid out. This is the law, even if the employee handbook says otherwise.

The final paycheck should include the vacation pay. It must be paid out by either the next regular payday, or 15 days after termination - whichever comes first.
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Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be terminated without his consent in the adoption if he has failed to communicate or attempt to communicate with the child without just cause for a period of over 180 days.

Give me a call, and I'll be...
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Q: What's the laws in Louisiana concerning pre-existing injuries in a auto accident

1 Answer | Asked in Personal Injury for Louisiana on
Answered on Apr 17, 2017

You want to speak with a member of the Louisiana Justice Association. Most people over 40 have a condition or two--it may not require any treatment at all, it may not bother them. Many have minor treatment, but that gets kicked into overdrive by the wreck. That part that is kicked up is normally what the person that caused the wreck is responsible for.
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Q: I am a social service director at a nursing home. I am harassed multiple times a day from residents wanting money.

1 Answer | Asked in Personal Injury and Nursing Home Abuse for Louisiana on
Answered on Apr 17, 2017

You mean rights against your "customers?" No. Your employer could do a better job of dealing with it but as you are director why not take steps to make sure they know. The ones who aren't going to get it wouldn't get it regardless, and that's part of your job.
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Q: looked but ways at stop sign when I drove along I hit a car I don't have driver license or insurance.

2 Answers | Asked in Car Accidents for Louisiana on
Answered on Apr 17, 2017

You will be responsible for your damages and the other driver's damages since you were at fault. The other driver has the option of (a) taking you to court and obtaining a judgment against you, and/or (b) filing a uninsured motorist claim on his/her own insurance. However, his insurer could still come after you for the damages sustained.
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Q: Is it possible to trademark the same name for a completely different service and product? Also different country?

1 Answer | Asked in Trademark for Louisiana on
Answered on Apr 17, 2017

Yes. There is a company called Delta that runs an airline, and a company called Delta that manufactures plumbing fixtures. Because the lines of business are so completely different, there is no possibility of confusion between the two. It gets trickier if there are possible areas of overlap, or if one business is a natural outgrowth of the other.
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Q: My parents were granted custody of my 9yr daughter in AR & I now live in LA. Can I open a case here to get her back?

1 Answer | Asked in Child Custody for Louisiana on
Answered on Apr 13, 2017

If your parents still live in the same county in AR where they got custody, I believe that court would still maintain jurisdiction over the case. If not, once you have lived in LA for 180 days, you should be considered a permanent resident of LA and be able to have the case transferred to the district (or family) court in your parish. Good luck.
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Q: My sister has down syndrome. Her Dad died last week. Neither her nor my other sister was mentioned in the will.

1 Answer | Asked in Estate Planning and Family Law for Louisiana on
Answered on Apr 11, 2017

You are correct that your daughter with Downs Syndrome is a forced heir. You would need to consult with an attorney as soon as possible to intervene in the succession proceedings to assert her claim against his estate. Give me a call and I'll be happy to help you further.
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Q: Mother and I wants me removed from the child's birth certificate. Do I need an attorney to disavow?

1 Answer | Asked in Family Law for Louisiana on
Answered on Apr 11, 2017

Unless you know what you are doing, that is always my recommendation to make sure the disavowal is properly done.
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Q: I had three unexcused absences from work and my company considers it a resignation. Am i still eligible to get my pto?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Apr 11, 2017

Yes. Louisiana law requires employers to pay out unused vacation at the end of employment. It does not matter whether the employee quits or is terminated - the vacation must be paid.
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Q: I am a teacher and was suspended for a facebook post that was unrelated to school.

1 Answer | Asked in Education Law, Employment Law and Libel & Slander for Louisiana on
Answered on Apr 10, 2017

This question depends on many factors, including whether you are a member of a union and what the school board policies are in your parish (I am assuming you are a public school teacher). You should contact a local employment lawyer quickly to act to preserve your job.
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Q: My husband and I have been separated for 2 years is excluded from child support because he owes the IRS $60,000 in back

1 Answer | Asked in Child Support for Louisiana on
Answered on Apr 10, 2017

Whether or not he (or you) owe(s) back taxes does not affect the fact that child support is owed. The money is for the care and support of the minor child and has no bearing on whether taxes are owed.
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