Stan Feucht Attorney at Law

Stan Feucht Attorney at Law Here for you when you need an attorney. (337) 550-1115.

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07/28/2024

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07/18/2018

Don’t Let Cost Prevent You from Hiring an Attorney.

Attorneys are critical partners for protecting your legal rights to property and personal freedom. Whether you are plaintiff or defendant, it’s almost impossible to win a case without qualified representation.

Courts have specific procedures that attorneys understand very well, but your case can be thrown out if you make a procedural error. Attorneys also have a thorough understanding of the law that can be applied to make your case more compelling when you stand before a judge. Attorneys earn high pay because they add substantial value and retaining qualified representation will get you a significant return on investment in most situations.

07/17/2018

If you have been in an auto accident in a new model vehicle or a vehicle that had never been wrecked before you have a right to have that vehicle repaired, but did you know that you may also be entitled to an additional payment for the diminished value of your vehicle.

07/09/2018

Treat your client as your friend. The ineffective lawyer treats abstract legal problems. This is often referred to as perceiving the file as the client. The effective lawyer views the client as an individual person for whom there needs to be a “customized” solution.
Treating your client as your friend implies frequent communication. Under ordinary circumstances you should update your client at least twice a week—more frequently when there is relevant activity. Return calls received from clients, even pesky calls, as soon as possible. Nothing builds confidence better than the courtesy of promptly returning telephone calls or e-mails.

07/03/2018

Fault consists of the violation of a duty owed by the actor to the victim.
§ 2:1.Introduction to varieties of fault, 12 La. Civ. L. Treatise, Tort Law § 2:1 (2d ed.)

Before finding negligence, the court must find that the defendant owed a duty to the plaintiff.

Before finding negligence, the court must find that the defendant owed a duty to the plaintiff.

§ 2:3.Negligence, 12 La. Civ. L. Treatise, Tort Law § 2:3 (2d ed.)

06/26/2018

The Elements of a Tort

The person who is moving the court to action on his behalf, the plaintiff, must be prepared to show:

(a) that the defendant or some person or thing for which he is answerable has done an act or has omitted to do something or has been the occasion for an event;
(b) that the plaintiff has suffered damage to a legally protected interest;
(c) which damage has been caused by the defendant's conduct, or that of a person or thing for which the law makes him answerable; and
(d) that the defendant's conduct was considered by the law to be fault.
These essential elements will be considered in succession.

§ 3:2.The elements of a tort, 12 La. Civ. L. Treatise, Tort Law § 3:2 (2d ed.)

06/25/2018

Definition of a Tort.
A tort is a civil wrong for which reparation is sought, normally in the form of an award of money damages.1 The word comes from the French word tort, or wrong, or from the Latin tortus, some conduct twisted from the norm. Formerly, the French used the term tort but now they have discarded it in favor of the word délit derived from the Latin term delictum.
The same conduct may give rise to a proceeding in criminal law as well as to a civil action. In the former, the state is the plaintiff (even though it may be brought on information furnished by a private citizen); in the latter the victim or his representative brings the action. In France, by virtue of the procedure of la partie civile, the civil action may be brought along with the penal proceedings but such is not the case in Louisiana or the United States.2 Further, the same conduct may give rise to an action in contract as well as in tort,3 and because of certain advantages in prescription, it may be important to choose the proper category.

§ 3:1.Definition, 12 La. Civ. L. Treatise, Tort Law § 3:1 (2d ed.)

06/21/2018

March 2013 | Young Lawyer Survival Guide



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FEATURE

Young Lawyers: Being a Great Lawyer Isn't Enough

By Rich Goldstein

There is a myth that being smart, competent, and skilled are the keys to being a successful lawyer. But if you make a list of the 10 best people in almost any field, and compare it to a list of the 10 highest-paid, you'll notice little correlation. The same holds true for lawyers. Just being a great lawyer isn't enough—especially in the midst of an economic downturn. In fact, "success" is a skill all its own. Beyond just being a good lawyer, the key to having a successful career in law lies in mastering three critical skills.
Similarly, because relationship is the foundation of accomplishment, the key to mastering these skills lies in understanding people. Naturally then, to be accomplished in the legal field, we must understand people—how best to relate to people—to understand how best to serve people in need of legal services, how to acquire new customers interested in the services we provide, and how to effectively guide and collaborate with our law firm colleagues. Forget burying your head in the books, studying cases, statutes, and regulations. The real secret to success lies in understanding people—and using that understanding to master these three critical skills: legal marketing, business development, and law firm leadership.
Legal Marketing
Even the biggest firms, with 40-person marketing teams, miss the mark when seeking to market their firms. Law firm marketing is about discovering a problem that people have for which they are already seeking a solution. The common misconception is to focus on you and not on the consumer. As a result, you attempt to market your services—not the solution they are seeking and that you can provide. The consumer, however, is not seeking ‘litigation attorneys’; the consumer is seeking a solution to a problem: “I’m being sued,” or “someone is infringing my patent.” Communicating that you have the solution they are seeking is the most effective way to market the services you provide that can solve their problem.
Marketing goes beyond just communicating the message; it includes a strategy for determining what would be a good niche for your firm, or for yourself within the firm. The niche can be you (or the firm) as the expert in:

a specific problem (e.g. estate tax, DWI defense, zoning variances, oil well permits)

a specific client (musicians, shipping companies, food growers)

a specific combination of client and problem (single parents with custody issues, start-up ventures needing patent assistance, banks seeking advice on regulatory compliance)

an economic niche (clients willing/able to pay a $1000 flat fee, clients willing to pay a $5000 flat fee, clients willing to pay your hourly rate with no cap)

The key is to find a niche that both defines a pool of clients that is large enough to sustain you and fits your preferences for the type of work you want to do, the type of people you want to work with, and how you would like to get paid. When you are working on a new type of case, when you are talking to other lawyers at a cocktail party, listen for opportunities to niche.
Once you find a potential niche, you must test it and make sure that your marketing message gets to the right people and gets them to take action. Creating the right niche can provide you with steady work that you are good at doing. It can also provide you with job security by making you special—a "non-commodity." The alternative might be to blow whichever way the wind blows—and to end up doing whatever work comes in or whatever work someone else chooses to assign to you.
As a young lawyer you should always have your attention on where the opportunities are to create a niche for yourself. Many people resist niching because they believe that if they define themselves narrowly, they will lose customers. Inevitably though, when they attempt to be for everyone, they end up being for no one!
Business Development
Too many young lawyers get out of law school, join a firm, and ‘put their head down’ to do the work that is assigned to them. Too many lawyers then let 10 or more years go by, just doing work that is assigned to them—doing work for someone else’s clients. At some point, perhaps when they make partner, they wake up and realize they need to bring in clients themselves!
If you are in a small firm, or if you start your own firm, business development is a necessity from the beginning. Some attorneys in small firms describe this as “we eat what we kill.” It seems obvious to those in small practices: "If we don’t bring in business, how are we going to pay the bills? How are we going to pay each other?"
In larger firms, however, associates collect a steady paycheck, as promised to them when they accepted the job. As a result, they are often isolated or naïve to the reality that the business must come from somewhere. The startling wake-up call comes when someone suddenly expects them bring in business, when everyone’s salary gets cut, or when the firm collapses.
It’s never too early to begin business development activities. Here are some practical suggestions:

Stay in touch with your law school and undergraduate classmates. As junior attorneys, and newbies in whatever industry they are in, your former classmates probably have little ability to refer you clients right now. However, in a few years, many of them will be valuable sources of clients and important connections.

Get involved in professional organizations. Don’t just network in these organizations. Get involved in committees, planning activities, and other leadership roles. It's one thing to make friends with other attorneys; it's quite another thing to work side-by-side with them toward a common goal. When you do, they will know what to expect from you—including your work ethic, your attention to detail, your ability to 'get it done.' This will allow them to trust you and refer their most valuable clients to you with confidence.

When you meet new people, resist the urge to talk about yourself. Train yourself to be curious about other people. Express this genuine curiosity by asking questions about them. Listening to people builds more trust and rapport than anything you could tell them about yourself or your abilities. Also, while you're listening, find something you can genuinely appreciate about them: perhaps their passion for their work, their love of their family, or their desire to serve their community. People like people who like them.

Law Firm Leadership
Young associates tend to think that now is a time to be led by others, and that their opportunity for leadership will come later.
In truth, it's never too early to learn, cultivate, and practice leadership skills. (See "Where Have All the Leaders Gone?" (Law Practice Today, July 2012.)
Young lawyers need to understand that they are the future of law firm leadership. By expressing leadership from the very beginning—by showing a sense of ownership of the future of the firm, their value at the firm will be quickly recognized.
They also should know that leadership is not a matter of personality traits. Leadership is a matter of skills that can be learned. Put yourself in a position of leadership. Move toward important decisions and take initiative, and people will naturally listen to you—and follow you.
Once again, being a good lawyer does not guarantee success. With this understanding, now, if you look at the most successful lawyers, you may notice the trait they have in common beyond just being a good lawyer: you will notice that they have invested heavily in people—in understanding people, in building relationships with people, and in leading people. When you are genuinely curious about people, when you listen attentively and allow them to be your teachers, you will naturally and easily master the critical skills you need to build a successful career in the law.


About the Author

Rich Goldstein is a registered patent attorney and frequent writer and speaker on law practice management. He can be reached at 212.656.9100.

06/19/2018

21 Tips to Organize Your Office and Get More Done

Clearing off your desk or creating piles of papers doesn’t count as organizing your office. Treat your efforts as an ongoing process instead of a single mission to clear out your space. Start incorporating some best practices for staying organized into your routine.

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