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The Louisiana Legal Advisor

So Baton Rouge lawyers Stephen E. Covell and Lauren K. Covell warn readers in the introduction to their new book, "Louisiana Legal Advisor" published by Charleston Press of Baton Rouge.

We laymen know that Louisiana law is based on the French code and differs from the law of the other states, which is based on English law. But we may not know how Louisiana law differs. The Covells explain this, and those interested will find the explanations enlightening –and interesting.

The book is divided into five sections: Marriage, Your Property, Your Business; Your Rights, Do It Yourself Guide. Each section cites actual cases that have passed through Louisiana courts (though names are changed to effect a kind of disguise).

The whole work is filled with entertainment. And it can be financially helpful for those considering taking legal action. If you want to change your name, write a will, get an uncontested divorce, write a marriage contract, form a corporation, recover a rent deposit or settle a small estate –the Covells tell you haw to proceed.

Reader not planning legal action will gain a deeper understanding of what goes on around them in legal matters –and they'll be entertained while gaining it.

"It is the only book that attempts to explain our peculiar Louisiana laws in terms the laymen can understand," says co-author Stephen E. Covell.

It will be in local bookstores in March, Stephen Covell said. Both Covells are attorneys practicing in Baton Rouge.

Such things as community property laws, child custody and support, tenant's rights, liability following the sale of a home, making a will, worker's compensation, declaring bankruptcy, attorney's fees and consumer credit are a few of the areas covered in the chapters. They alone make interesting reading. Examples of cases taken to court are given. They alone make interesting reading. The surprise is that the book is so very readable.

Every citizen needs to understand the laws of this state to know when to go to court and what to expect. However, reading the book will not make on qualified to represent himself; he still needs to hire a good lawyer. The authors even tell how to do that.

Laws change constantly, and many of the laws of this state are obsolete. This book covers the major civil issues that the ordinary person will face in daily life –getting married, getting divorced, buying a house, starting a business, writing a will, handling debts. Watch for it next month.

Contracts

Whether your business operates as a sole proprietorship, a partnership, a corporation, or a limited liability company, you should have a basic understanding of general contract law. The most frequent question we are asked in this area concerns whether an oral contract is binding and whether some contracts have to be written.

A contract can be oral and be just as binding as a written contract. There are relatively few instances in which a contract must be in writing. However, some contracts, an agreement to transfer immovable property (real estate), for example, must be in writing. The problem with oral contracts is in proving exactly what the agreement was.

Not reducing an agreement to writing probably results in more law suits than any other single cause. This is not because people are necessarily lying about the terms of the agreement. In nearly every case of a contract dispute that we have handled, the parties probably truly believe their recollections of the agreement. The fact is, each person remembers things differently and generally this recollection is in his own favor. When an agreement is reduced to writing, there is very little chance that one of the parties to the contract will be able to modify the agreement to fit his recollection.

Cindy was getting married and her parents decided to spare no expense for her wedding. They held a reception in the Grand Ballroom of a large New Orleans hotel complete with dinners and drinks for 385 people. The hotel sent a bill to Cindy's parents for $13,000. When the bill was not paid, the hotel sued Cindy on open account for the $13,000 and attorney's fees. Cindy answered the suit by saying it was her parents, not her, that contracted with the hotel. The hotel amended their suit to include Cindy's parents. Cindy's parents claimed that they were not liable because there was no written contract with the hotel and because they did not personally benefit from the reception.

Since there was no written contract and no specific law that covered this situation, the court looked at common custom to decide this case. It is commonly understood that the bride's parents are responsible for the wedding costs. The hotel tacitly acknowledged this custom by not suing the groom or his parents. The court found that Cindy's parents were liable for the bill and Cindy was dismissed from the suit.

All contracts, whether oral or in writing, must satisfy certain basic requirements of law before they will be considered binding. A contract is defined by the Louisiana Civil Code to be "an agreement by two or more parties whereby obligations are created, modified or extinguished." It follows that there cannot be a contract unless the parties have consented to the creation of the contract. Consent can be explicit, by signing a contract, for example, or it can be implied by a person's actions or inactions. If someone offers to mow your lawn for ten dollars and you say nothing while he proceeds to cut the grass, you have created a contract because your consent is implied by your lack of action.

There are many types of contracts that are defined by the Civil Code. In Louisiana, the law of contracts comes under the more general designation of "obligations" which includes natural obligations and conventional obligations. A natural obligation may be a moral obligation to do something, like provide support for family members, while conventional obligations are contracts. Conventional obligations, or contracts, are further divided into several types and sub-types. For our purposes only the onerous contract, or a contract in which each party to the contract receives something for his obligation, will be considered.

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