Practice Areas

We provide legal services in:

Motor Vehicle Accidents
Business and Commercial Law and Litigation
Collections
Elder Law
Employment Law and Wrongful Termination
Environmental Law
Wills, Successions, Probate and Estate Administration
Family Law and Divorce
Social Security Disability
Real Estate

• MOTOR VEHICLE ACCIDENTS

  We have represented a large number of motor vehicle accident victims. We take great pride in limiting our representation to plaintiffs and in representing no insurance companies involved in these claims. We are committed to treating each case, large or small, with the seriousness it deserves in order to assure that each of our clients receives the compensation that he or she deserves.

  We do not promote unnecessary litigation, nor do we shy away from a legal battle. When we think that a case should settle or that we have obtained the best settlement offer under the circumstances, we will tell you. We will not, however, advise you to accept an unsatisfactory compromise and in those circumstances, we will aggressively pursue your case to the fullest extent allowed by the law.

  For more information about what to do after an automobile accident, For more information on how to maximize your or your elder relative's resources, see the information below:

  What Should You Do After an Automobile Accident?

  • Obtain the name, address and telephone number of the all drivers involved in the accident.
  
  
  
  • Obtain each driver's car insurance company's name and telephone number, and the policy number, if available.
  
  
  
  • Report the accident immediately to the police and your insurance company, regardless of who is at fault.
  
  
  
  • Cooperate with the police in preparing a crash report.
  
  
  
  • Photograph the vehicles involved in the accident.
  
  
  
  • See a physician without delay if you are experiencing pain. Unfortunately, most times the pain will not subside without some treatment.
  
  
  
  • Get legal advice before filling out insurance documents or giving recorded statements to any insurance company (even your own company), or meeting with any insurance company representative.
  
  
  
  • Photograph your injuries. This will support the magnitude of your injury as bruises and cuts may heal, but tissue beneath the skin may not completely heal.
  
  
  
  • Gather all insurance policies in your household for evaluation by an attorney. You may be entitled to insurance coverage under a separate insurance policy.
  
  
  
  • Get legal advice before signing any check or document from an insurance company.

  Too often, victims of auto accidents are unaware of what they need to do to protect themselves. They place their trust in the insurance companies to guide them through the process. However, most insurance companies do not have the best interest of their insureds in mind. Speak to an attorney experienced in the area of personal injury and maximize your compensation while minimizing frustration, delay any confusion that almost all accident victims suffer.

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• BUSINESS AND COMMERCIAL LAW AND LITIGATION

  You have worked hard to plan and build your business; develop your business plan; get customers and suppliers; and, provide your goods or services in a very competitive market. You want to ensure that you have selected the proper form of business to meet your needs and protect your interests. There are various forms of business organizations available to those who wish to enter into a business venture and new ones have been created by statutes in recent years. Briefly, the forms include a sole proprietorship, a partnership (including Limited Partnerships and Limited Liability Partnerships), a corporation (including Subchapter S Corporations and regular so-called "C" Corporations), and Limited Liability Companies ("LLCs"). Along with your accountant, we can assist you in selecting and creating the proper business organization that will best meet your needs.

  We also provide advice and consultation and prepare and file all the required documents for corporations, partnerships and limited liability companies. We assist our business clients in drafting whatever documents are necessary, including contracts, leases, buy and sell agreements, covenants not to compete, and confidentiality agreements. We review and analyze proposed corporate agreements mandated by your suppliers and customers and we assist in employee and labor relations. Should disputes arise in conducting your business, we are aggressive advocates whether pursuing your claim or defending a claim brought against you.

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• COLLECTIONS

  It is important for businesses to keep their eyes on the bottom line to stay competitive. One of the best ways to stay competitive is to minimize losses through bad accounts. We have the experience and legal tools to collect accounts that are due and owing.

  We handle collection matters in all local jurisdictions in the Lake Charles and Calcasieu Parish area. In addition, we have links with attorneys in all states when debtors are located elsewhere.

  When we receive a claim in our office, we immediately send an initial demand and the required Fair Debt Collection Practices Act notices if the debtor is a consumer to the debtor and an acknowledgment to our client showing that the debtor has been contacted and that we will wait two weeks before preparing suit unless instructed otherwise. Upon approval from the client, we file suit in the appropriate court and attend trial when required.

  After trial, we again contact the debtor about the need to pay the judgment. If no response is forthcoming, we either send "interrogatories" or obtain a court order requiring the debtor to appear for an oral examination regarding assets and employment. In appropriate cases, we make sure that judgments are recorded so that they become a mortgage against any real property (immovable property) of the debtor, which includes future property that may be acquired.

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• ELDER LAW

  Our firm provides in-depth analysis and guidance in the emerging area of elder law and the special planning needs of older clients: financial planning; estate planning; major entitlement programs such as Social Security income, pension and retirement benefits, Medicare, and Medicaid; health care considerations; planning for incapacity, including living wills, durable powers of attorney, right-to-die issues and discrimination against the elderly.

  For more information on how to maximize your or your elder relative's resources, see the information below.

  TAKING ADVANTAGE OF BENEFITS FOR SENIORS

  Depletion of savings and an inability to afford quality housing and healthcare will be a constant concern for both you and your elderly relative. Use the checklist below to determine whether you and your relative are taking advantage of the numerous benefits available to seniors.

  1. Is your relative receiving payment from all of the pension funds in which he or a deceased or divorced spouse participated?
  2. Is your relative receiving payment from all of the pension funds in which a deceased or divorced spouse participated?
  3. Is your relative eligible to receive social security payments?
     
     If so, are those payments being made?
     
     
  4. Was your relative's deceased spouse eligible to receive social security payments?
     
     If so, are those payments being made?
     
     
  5. Is your relative eligible to receive Supplemental Security Income (SSI)?
     
     If so, are those payments being made?
     
     
  6. Is your relative eligible to receive Veterans benefits?
     
     If so, are those payments being made?
     
     
  7. Is your relative taking advantage of all of the tax advantages available to the elderly?
     
     Are you taking advantage of claiming your elderly relative as a dependent for tax purposes?
     
     If you are taking care of your relative, are you claiming a tax credit for dependent care?
     
     
  8. Is your relative receiving Medicare benefits for medical treatment?
     
     
  9. Is your relative eligible for Medicaid?
     
     If so, are those benefits being received?
     
     
  10. If your relative is low income, but not eligible for Medicaid, is he eligible under the Qualified Medicare Beneficiary program?
      
      If so, are those benefits being received?
      
      
  11. Does your relative need a Medigap Insurance policy? (If your relative is on Medicare and not eligible for Medicaid, in order to protect against the depletion of your relative's assets by medical expenses, you will probably want to purchase a good medigap and long term care policy.)
      
      
  12. Can your relative afford long-term care insurance?
      
      
  13. Can your relative take advantage of a reverse mortgage?
      
      
  14. Does your relative qualify for funds offered to elderly homeowners for home repair?

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• EMPLOYMENT LAW

  Employment law covers a complex network of laws that controls how employers must treat employees, former employees, and applicants for employment. The experience of our attorneys is broad and far-reaching. As the descriptions below imply, the practice of employment law involves a great variety of state and federal laws and regulations. Consequently, it is important to choose a firm with the resources and experience necessary to prevail in an action against an employer.

  Employment Discrimination-Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.

  Affirmative Action-An Affirmative Action Plan sets standards for the recruiting, hiring and promotion of women and minorities in order to eliminate the present effects of past employment discrimination. Private employers may voluntarily institute affirmative action policies to remedy the makeup of its workforce in a particular job classification. Federal Government contractors are, for the most part, required to maintain an Affirmative Action Plan as a condition of the contract.

  The hallmarks of a proper Affirmative Action Plan include:

  • It is created to eliminate racial or sex-based imbalances in the workforce
  • It does not unnecessarily impinge on the interests of non-minority employees
  • It has flexible goals rather than strict quotas, and takes into consideration normal workforce turnover, layoffs, new jobs and retirements.

  Sexual Harassment-Sexual harassment is any kind of sexual behavior that is unwelcome and/or inappropriate for the work place. Some examples of sexual harassment include:

  • Verbal harassment - derogatory comments or dirty jokes under the right circumstances
  • Visual harassment - derogatory or embarrassing posters, cartoons, drawing, etc.
  • Physical harassment
  • Sexual favors - sexual advances, confrontation with sexual demands

  Age Discrimination-The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is protected from discrimination based on age if he or she is over 40. The ADEA also contains explicit guidelines for benefit, pension and retirement plans.

  Americans With Disabilities Act-The American with Disabilities Act (ADA) was enacted to eliminate discrimination against those with handicaps. It prohibits discrimination based on a physical or mental handicap by employers engaged in interstate commerce and state governments. The type of discrimination prohibited is broader than that explicitly outlined by Title VII. Consequently, much of what defines a violation of the ADA is now contained in state and federal case law, which frequently changes and is open to varied interpretation.

  The Family Medical Leave Act-The Family Medical Leave Act (FMLA) allows certain employees to take time off from work to tend to family matters. Various elements come into play in an action based on the FMLA, including:

  • Only certain employers are covered
  • Only those employees eligible for the protections of the law are affected
  • Employees maintain health benefits during leave
  • An employee's job is restored after leave
  • Notice and certification of the need for leave requirements must be met
  • Employees who request or take leave are protected

  Whistleblower Litigation-A whistleblower is an employee who reports to a government agency the fact that he has reasonable cause to believe that there is a violation of state or federal law occurring in his workplace. The "whistleblower" statutes prohibit employers from firing a worker who is a whistleblower and also prohibit employers from firing employees who participate in government investigations and hearings relating to violations of law at the workplace.

  Wrongful Discharge-Many employees are regarded as employees "at will." This means that the employee works at the will of the employer and the employer can fire the worker for any reason at any time, and likewise, an employee may quit at any time. The "at will" rule allows an employer to terminate employees for almost any reason. The exceptions to this rule are: 1) when an employer discharges an employee in violation of federal or state laws because of age, race, sex, religion, national origin, or physical disability; and 2) when the employee has a contract of employment giving the employee a proprietary or legal interest in his employment.

  Employment Contracts-When a contract provides for a definite term of employment, the contract is no longer terminable at will and the employee can only be discharged for "good cause." Thus, express written assurances of continued employment lead to difficulties if the employer attempts to discharge the employee for other than good cause during the term of the agreement. Often, this issue arises because the employer was haphazard in creating an employment for a definite term and simply did not realize that it was entering into an enforceable employment agreement terminable only upon good cause.

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• ENVIRONMENTAL LAW

  Our firm has experience in representing individuals who have been injured by exposure to toxic and other dangerous substances, including chemicals, hazardous waste, and pesticides. We represent clients in recovering money damages for medical expenses, lost wages, pain and suffering, and punitive damages, where appropriate, individually or as part of a class action

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• WILLS, SUCCESSIONS, PROBATE, AND ESTATE ADMINISTRATION

  WILLS

  Our firm can assist you in making a decision about the terms and clauses that your particular situation requires in order to meet your objectives. Even with younger persons, a will or testament is desirable, especially if you have minor children.

  Basic Estate Planning

  Our firm can assist clients in planning for future contingencies, such as death or incapacity, by preparing necessary documents. Basic estate planning includes:

  • Wills
  • Outright marital gifts
  • Outright gifts to children
  • Ancillary documents
  • Durable or general powers of attorney
  • Health or Medical powers of attorney
  • Living wills (Medical Directives)
  • Determining a guardian for children

  Intermediate Estate and Tax Planning

  With an increase in wealth among individuals, the traditional estate planning role has expanded to include basic tax planning focused on reducing or eliminating the transfer taxes imposed, while simultaneously achieving our clients' goals. In addition to planning and strategic matters, our lawyers assist clients in the probate and administration of estates, as well as in the administration of foundations and trusts.

  Planning at this level includes:

  • Pour-over wills
  • Revocable management trusts (living trusts)
  • Marital deduction trusts
  • Credit shelter trusts
  • Life insurance planning
  • Beneficiary designations
  • Irrevocable life insurance trust
  • Crummy trusts
  • Gifts to minors
  • Education planning
  • Direct gifts for medical and education expenses
  • Retirement planning
  • Beneficiary designations
  • Estate administration
  • Probate
  • Liquidity and tax payment issues
  • Domestic asset protection
  • Prenuptial planning
  • Tax planning for divorce
  • Will Contests
  • Fiduciary Litigation

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• FAMILY LAW

  Our knowledge, experience and training in family law are supported by our aggressive and proactive style. We also believe in reasonableness and cooperation, however, and adjust our representation to suit the needs of any particular client. We assist clients in all aspects of the law relating to the needs of today's families, including, but not limited to:

  • Divorce
  • Nullity
  • Paternity
  • Domestic Partnerships
  • Child Visitation
  • Child and Spousal support
  • Restraining Orders
  • Tutorships (Guardianships)
  • Adoption
  • Grandparent's Rights
  • Prenuptial Agreements
  • Post-nuptial Agreements
  • Non-Marital Cohabitation Agreements
  • Family Law Appeals and Writs

  The Separation of a parent and child is difficult enough. Make sure that you protect your rights and the rights of your children.

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• SOCIAL SECURITY DISABILITY REPRESENTATION

  If you become disabled, Social Security Disability Insurance ("SSDI") provides income until your condition improves and guarantees income if it doesn't. It is not a government handout or welfare. It is insurance that you paid for during your working years. You are entitled to it based on mandatory payroll taxes that you have paid and your employer has matched. We provide the knowledge and legal expertise to make the Social Security disability process less confusing, less intimidating and more convenient for people with disabilities.

  When a worker covered by Social Security becomes disabled or blind, he or she may be entitled to receive disability benefits. In addition, certain family members may qualify for benefits based on the disabled worker's earnings record. Some of the family members who may qualify for such benefits based upon your own earnings record include:

  1. Your unmarried children under age 18, or under age 19 if attending high school full-time.
  2. Your unmarried child 18 years of age or older, when that child was disabled before reaching age 22.
  3. Your spouse age 62 or older.
  4. Your spouse of any age who is caring for a child of yours under age 16, or who is disabled and also receiving disability checks.

  An issue of critical importance to most disabled workers is the availability of health insurance. Fortunately, regardless of your age, if you qualify for Social Security Disability Benefits, you also become eligible for Medicare, including Part A (hospital benefits) and Part B (medical benefits) once you have received SSDI benefits for 24 months The criteria for determining eligibility for Social Security disability benefits are extremely strict and the Social Security Administration is reluctant to award such benefits even in the face of what you believe is compelling proof that you are, indeed, disabled. While private disability insurance may pay for short-term disability or partial disability, or provide benefits when you can't work at your regular job, Social Security does not. Under Social Security's eligibility rules, you must be completely unable to do any kind of substantial gainful work for which you are suited, and the disability must be expected to last for at least a year or result in death.

  If you believe you are disabled, you should promptly contact your local Social Security Office and submit an application for disability benefits. If you are denied benefits, you should contact an attorney immediately.

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• REAL ESTATE

  Buying or selling a home is probably the most significant financial transaction you will undertake in your lifetime. It is an exciting time, although it may become confusing or even intimidating. Without the proper legal guidance, the process can be frustrating, overwhelming and more costly than necessary. When you retain our firm you not only get the technical competence you require, you also get a firm with experience in dealing with the human element in real estate transactions. We can resolve problems in a practical way.

  We also work with owners, property managers, tenants, financial institutions and investors in all types of transactions from routine purchase agreements to complicated lease contracts. Our clients are local buyers and sellers of real property, and landlords and tenants.

  Our commercial real estate practice includes:

  • Acquisitions
  • Brokerage commission disputes
  • Clean-up reimbursements
  • Construction-contract issues and litigation
  • Contract negotiations
  • Environmental remediation
  • Foreclosures
  • Landlord-tenant disputes
  • Lease negotiations and contracts
  • Title insurance matters
  • Zoning issues

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