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All right. Good evening. It is five o’clock on a Wednesday. My name is smiley. This is. See you in court here on GSO and W.G. s o dot com. It’s the middle of the week in the middle of the month here in April 2017. Talking about different legal issues that are going on locally nationwide. And you know in everything in between last week we did a we did a long session on construction contracts and things we kind of specialize in over it over my law firm. It’s just one of those deals that we see everything on kind of a daily basis. So it’s good to talk about those types of things sometimes and kind of get folks up to speed today we’re going to be talking about a number of different things kind of switching gears a little bit. I have some clients who come to me occasionally. We’ll be kind of be going in the world of personal injury and then also the world of insurance claims with regards to you know buildings and losses and business losses and those types of things and kind of kind of doing a deep dive there. You know people come to me a lot of times and there’s issues you know I’m out all this money and the insurance company owes me all this money or my adversary owes me all this money. And we really have big issues and troubles with with proof. Proof is a big deal. You know if I could just put things down on paper and get paid for it be a lovely thing.

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But you know we have to be able to prove our damages and prove what’s going on. So that’s something we’re going to be doing a little bit later on in the show. You know it’s one of the things that I look at I look at regularly and I like to deal with so you know and then and then if anybody wants to call in we always have our call in number which is it’s the listener line is 5 0 4 5 5 6 9 6 9 6 5 5 6 9 6 9 6 You can always get on the radio here at WGN so near any of our shows through that line and then you know if you want to talk with a lawyer get some general legal advice we can go down that road if you would like to actually text in any comments or our you know try to get your text read on the air. We have a text line number which is actually it’s 5 4 5 7 9 8 9 8 5. So text any of your comments to 5 0 4 5 7 9 8 9 8 5 and I will be happily happy to read it on the air. And if anybody has any you know general legal advice questions they have I’ll be happy to answer them. Things I deal with Normally in my day to day are you know we focus in on construction law which is a subset of just you know general business contract law and then we do a lot of litigation. So you know we’re in the courts all the time. Coming up next week.

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And you know we just have various topics that we see pretty regularly and we also deal with personal injury which deals with litigation as well. So you know basically some of the things we’re going to talk about here on the show are going to be dealing with proof and then we’re also going to touch on you know different different personal injury issues with regards to you know put out a blog post last week I believe on Friday about auto safety technologies that could start saving lives in the next 10 years or next four years really 2020 while I’m dating myself and I think 2020 is 10 years away. And so there’s some cool technology that we can talk about and kind of kind of dig in to some of those things a little bit and really see how they’re playing out now and how they really are going to help people be safer in automobiles. It’s one of those things where you know you feel like the automobiles and the technology all around us is getting safer braking is better. You know they have the assist on where people want rear end each other and that cars can park themselves.

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And you know the airbag technology is better seat belt technology is better the way they build cars. The technology is better yet for some reason you know the same number of accidents still seem to be happening. And you know personal injury lawyers kind of like myself stay in business. One of the things that has kept us in business is cell phones and the ability for folks to need to text and have smartphones and do all that while they’re driving which is not smart. There are tons of studies out there that show how dangerous it is to text and drive into the talk on your phone and drive. Many states like California actually do not even allow people to talk on the phone in the car has to be hands free only and so you know in Louisiana we’ve passed laws recently regarding school zones and you know whether or not you can use your phone while in a school zone and there aren’t actually give tickets for those types of things which is really good. We want to always be safe when when kids are around. But I think folks really need to focus in on on on being safer behind the wheel regardless. And although I will you know potentially take work out of out of out of my funnel. It’s just you know I have kids. I drive around. So we want to make sure things are safer. So we’ll talk about that in a little bit. Going to unpack a little bit more. And then you know we have a couple of blog posts that are coming up.

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I have another one about more about Louisiana auto accidents and about forensics and what investigators actually do and what you need to know to protect your claim not to be some interesting things about the investigators and how that process works.

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And then you know we can always dive back into the construction law world a little bit to about liens and then and then different things on you know just the basics behind liens and how to file them one needs to go on with that kind of four letter words.

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We might switch gears to that later on the show.

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But.

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I wanted to tell you a brief little anecdote I guess in the last few minutes that I have here before the break. And we might you might even spill over into the next session as well about about proof. So people come to me all the time and you know having a lot after Katrina and it was one of those deals where you know a lot of you know the claims there was slow pay and low pay from the insurance companies and that’s that’s pretty pretty understandable nowadays happening with the floods and whatnot. And I think we’ve all gotten pretty smart a lot of the claims lately with regards to storms and stuff have have been much better with folks regarding proof.

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But the one that claims that kind of lingered around for a long time were ones that you know there was there was there was a lack of proof. You know people would come in and say you know how do you and how couch and I had you know all these different finishes and fixtures in my house and the insurance company requires you know pictures or they require receipts or they require credit card charges and different things like that in order to substantiate your claim. They’re not just going to you know take you for your good word and say I had all these things and so you know they sent out an adjuster and the adjuster comes and looks at everything. But you know in the case of storm more things are kind of torn apart. And whatever proof is needed and then businesses also need proof as well you know.

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You know this disaster happened or a storm came or a flood came or pipes burst or freeze happened or you know various things roof leaked.

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My business has been shut down. I have business lost insurance great compensate me for the full amount. Well you’ve got to you’ve got to show proof and proof of that is you know your your accounting books your different receipts that you have you know everything in my business is pretty much purchased on a credit card or debit card or some type or with a check. We virtually do not use cash. And so there is there there’s an excellent paper trail in case you know anything ever happens it’s all it’s all there and so you know that is the proof that it’s needed to submit to an insurance company so that they can compensate you for your damages. And to this day I constantly get people who come in and they give me these you know pie in the sky numbers saying you know I-mode this unmowed that Modeste. And you know even sometimes they’ll come in and be like oh look here’s a picture of of all these things that I-mode. And you know for example somebody you know showed me a not a not a wine collection but you know various bookcases and bottles of wine. And they said OK yeah I need to be compensated for that’s been ruined. Sure it’s been ruined. I believe you. I believe that you had it I bet the insurance company believes that you had it but until you can actually show a receipt or some sort of documentation that you paid that out then they’re not going to give you that money back.

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And so you know it’s very important that you can prove otherwise you’re going to pick the lowest number they can find and try to compensate you for that. So we’ll talk about this a little bit more. Coming up after the break who got about 30 seconds left here. This is see you in court.

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My name is Seth smiley. This is W. GSO and GSO dotcom. Thank you. All right.

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Welcome back everybody into this second of four segments here.

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So we are one quarter of the way done in this five o’clock hour it’s five to six o’clock every Wednesday here on GSO and GSO dot com. This is see you in court. And my name is Seth Seth Smiley. And so yeah. Back to the hole we were talking about proof before the break. And if anybody wants to call any comment on this they’re more than welcome and entertain any any calls on any subjects. It doesn’t have to. It doesn’t have to be on what we’re talking about 5 4 5 5 6 9 6 9 6 is the listener line. Give us a call and chat. And then 5 0 4 5 7 9 8 9 8 5 is the text line and so people people can call in or they can text in and we’ll read the comments on the air or if they just want to talk even you know even if it’s not about the law but we want to try to keep it to the law because this is a legal talk show. And so it’s all. It’s always you know it’s like talking shop for me. I enjoy talking about the law and the things that are going on with it. But I can also understand how it can be you know not the most sexy thing for certain people. Again my name is Seth smiley. My company is the smiley law firm. You can check us out at Smiley firm dot com if you would like to go read information we put content out.

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Have a couple videos on the Web site on our library and we also have a blog. And so our blog we talk we try to keep it you know current current events current topics going on the law things that folks want to read about. So you can check that out at. It used to be smiley firm dot com slash blog but I don’t know if it changed just slightly too. Yes it’s still the same thing even though it’s on the library tab. We try to put out content that folks want to know that will help them with legal issues because you know it’s where we live in a do it yourself world. And it’s always nice to be able to google something and go out and find information. And I just happen to not work in a do it yourself industry even though even though folks try old time and we we have to battle people who wanted to try to represent themselves. It gets even nastier and people want to try to represent their company because technically you’re not allowed to do that. The Constitution allows people to defend themselves as a person but you’re not allowed to defend your company even though you are the sole member of your company or whatever. So in the first segment we were finishing up our talk on proof and why it’s so important and not only is important for things like insurance claims but I mean you know to get something in missable in a court of law there’s very specific guidelines to what the you know how that document can be authenticated and introduced in the court.

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So there’s reasons for that just because you know people would even with those reasons and with how stringent it is people still try to forge things and do and do nasty things so there’s good. It’s good that we have to jump through so many hoops in order to in order to get and get documents admitted into evidence. OK. So you know we deal a lot. And like I was saying before with insurance issues construction law personal injury those types of things. And then are a lot of things we don’t do and brought on people before with regards to criminal law. Have some families or people coming in here soon and then you know real real estate we handle Samba brings folks in on that. And bankruptcy and state planning and those types of things so I actually had to defer on an estate planning situation not too long ago for a client just because it’s not something that we do the simple stuff but when you get into the nitty gritty it’s not something that you want. Yeah. Anybody to handle for you regardless.

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We can jump into the into the blog now.

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So we put out a post last Friday and it talks about different auto technologies that are going to you know start saving lives the next few years. It’s pretty neat you know I love cars as most guys do. And then I love the technology. So this is a good good a good place for the two of them to meet I guess. And so some of the things that are on the horizon are some pretty cool stuff that’s out there. You know we all know about cars that park themselves and in various ways that they break and things like that. So you know basically with the rise of smart technology automakers they basically have come up with a thing to detect not only cars but pedestrians as well. And so they’ve started installing sensors around the exterior of the vehicle and they actually alert the driver to potential hazards. We have that now you know when you back up and it makes that beep noise. And so they actually know the sensors are also cameras and they can analyze the scene I got in a car not too long ago. And it gives you that full 360 or 360 degree view of your car which is pretty awesome. So you can you know it might have some you know some slight blindspots or whatever but it’s pretty dead on. And to be able to see that you know just in one one view is pretty awesome.

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And then you know night vision sensors and things like that that can really help people who are distracted or who are tired on the road and really really ensure that they know that they’re they’re a lot safer when they’re driving their car.

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And I know there are those folks that are out there who are you know going to always want to drive there you know in 1967 Camaro because not only does it look cool but it doesn’t have all this technology and it’s part of the reason they think that you know big brother is watching us and it’s going to take over everything because of you know all the technology that we’re putting into into our daily lives.

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I tend to not be on that side of things. I tend to be a little more progressive and I like technology just as my wife she kind of gets aggravated whenever I whip out the phone to change the temperature of the thermostat in my house as opposed to actually walking over to it. I walk a lot. I move a lot so I’m not really worried if the phone is going to be slowing me down. I like technology so more of the next technology is out there. It’s actually called automatic lane keeping. And so it’s basically like the ultimate cruise control so instead of keeping your car just set a specific speed. It also keeps your car safely within your lane. Use it and then the technology uses cameras and sensors. They can tell you when you’re drifting out of your lane and make the necessary adjustments without driver input. You know a lot of times there are accidents with people who drift over the line whether it be in you know two lane traffic headlong type collision or if it’s you know one saw you know both both going in the same direction and so you know we put things on side of the road to prevent this. You know the the the horrible noise when you’re drifting off on the shoulder and it’s just another way you know to try to keep people safer. There is definitely an argument to you know the more of this that we have the more people we’re going to rely on it. And then when it doesn’t work then that could cause some terrible accidents and that’s a real thing.

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And so you know it’s also pretty frustrating just because you know people people will take that into consideration. But I don’t think that that’s going to ever be an issue. And it plays out in the legal world especially just because you know who becomes at fault you know in a totally driver free car you know who who’s at fault and that you know it’s it’s it’s going to be very interesting we’re going to have some cool liability things that come up on that. So anyway this is. You in court. My name is Seth smiley. We have about 30 seconds before the bottom of the hour break. And we’ll see you on the other side. So w GSO dotcom Thank you. All righty. Welcome back everybody. It’s now. 5:34 on Wednesday April 12th 2017. My name is Seth smiley. This is. See you in court. We’re here every Wednesday on GSO and W.G.. Dotcom. We have been talking about a number of different things here in the first half of the show. There know are a bunch of things that are going on. And if if folks want to call and comment on any of the local or regional or national issues they’re more than welcome the phone number as always is 5 4 5 5 6 9 6 9 6 and that’s here locally that’s 5 5 6 9 6 9 6.

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And then if anybody wants to text in the text line is 5 4 5 7 9 8 9 8 5 and you’re going to shoot text message over and rapidly read that went on the air and you know can kind of give us some issues to go into with regard to the law and things that are going on in the law and whatnot. So we were talking about just before the break the different technologies that are coming out with regards to auto auto automobiles and auto accidents and those things it’s one of the things that we put out on our blog last week and we kind of talked in a little bit briefly about you know pedestrian auto detection and automatic lane keeping those are the first couple of topics we have a few more.

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And and you know if anybody wants to go and check this out we have a blog post on our on our on our Web site Smiley firm that dot com S M I L T Y F I R M dot com.

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And the blog is Smiley from dot com slash blog where a number of other resources are on the Web site for anyone to check out if they’re interested in what we do or if they need some just some general legal help. Where were we. If we can’t help you always say if we can’t help you we can point you in the right direction. So one of the cool things that you know coming down the pipeline with it’s already in a lot of the premium car models but it’s called adaptive cruise control.

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And so it’s going to be pushing down the line into the into the more affordable cars here soon. And similar to a lame lame keeping adaptive cruise control uses cameras sensors and radar to keep your vehicle at a consistent speed and adapt to the pace of traffic on the road. So we already know cruise control can just lock you in a specific speed but this adaptive one will will also monitor how fast the other vehicles are going and in keep your stay safe distance from the other cars. This is pretty sweet when you’re a long road trip. You know you’re constantly. You have that you have those people that they want to drive you know anywhere between you know 65 and like 80 and they don’t know where in between there and they’re constantly going faster and slower and slower and faster and it becomes very frustrating.

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So this adaptive cruise control you know most people like to dial in on one on one mile an hour and you know like 70 or 75 or something and then they cost have to change it because cars them are either going slower or the people behind them are going faster. And this this technology will actually adjust for that. So that’s pretty that’s pretty Swedens coming out. I have not had a chance drive a vehicle that has that on there but that would be would be pretty cool. And then again the legal ramifications of things like this are what happens when they go wrong. Who is liable is that the person who designed the technology is that the automaker is it the driver you know at the end of the day if it’s a if it’s a human driven car then that human will be the one that is on the hook for failing to maintain control.

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And you know kick insurance into play and all the other fun stuff you know we get and we have various different types of cases that we see the most common is you know Rear ending and that’s typically ninety nine percent of the time if not even more. Not always the person who was who made the contacts fault the rear driver every now and then you’ll see something with you know it’s kind of a snafu on that are coming in at an angle or something like that. But by and large they’re all rear ending and those are wonderful because you know they just the liability issue out like the fault issue is out of the question. So it makes things a lot better.

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Now one of the next technologies to talk about is kind of the opposite of this and that’s the automatic emergency braking. And so with this smart technology vehicles will soon be able to sense when a collision is imminent and apply the brakes either slowly or you know very very hard to avoid the impact. This is pretty awesome and that you know typical type of case that I see maybe may become a thing of the past which is which is a little little disheartening for you know the the income of a personal injury firm but at the same time it can save lives. I mean it’s serious. The emergency brake may engage if the driver isn’t putting on the brakes fast enough and so because people are texting and they’re calling and they’re doing all these things and all of a sudden if the brake hits on there it could be great especially if somebody is traveling fast something is happening on the interstate or whatnot and you just don’t see it coming. And you know it could it is lowering the speed of a speeding car anywhere you know the example given on the site is anywhere between you know from 80 down to 65 could be the difference between you know huge damage but I mean even more than that you know like 50 down to you know 15 or something. That could be. It could be a big deal. And so every little bit helps. Are also sensors that deal with them with inclement weather you know bad weather frozen ice. Lots of rain when we see rain out here like most parts of the country do not see.

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I spent a lot of time out west and when they get a quarter of an inch of rain you know everybody takes off and we can we can get that in 15 minutes sometimes here. So but the example is the black ice and it’s often the source of multi-car pileups on you know roads not necessarily around here but up north. And they had technology that will warn the motorists when they’re about to hit the black ice and that may not always be the greatest because breaks on ice aren’t always great but the sensors in the vehicle will actually take the temperature of the surface on the road and then report back to the driver letting him know that the bad conditions could be possible. And so that could also be adapted into things like potholes which I don’t know. You know we only have a few of those around here. So that could be really cool because there’s nothing more aggravating than when you’re driving on the road with a cup of coffee in your hand and you hit that big big pothole that you did not see and everything spills. Finally the last technology that we’re talking about here is smart traffic lights which like anything with the word smart in front of it. You know it may not be smart or makes people more dumb traffic lights that are meant to turn green in response to on coming traffic. They typically ignore cyclists.

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And so there’s a company in North Carolina that came up with a solution and it connects to a rider’s G.P.A. and signals the light to turn green upon approach and so there are folks around the country they’re testing this in and it might be something that will be applicable to cars and bikes and all kinds of things so that when it’s high traffic you know it’s very aggravating when you’re sitting there in traffic and there’s nobody at the cross section or the Cross coming across.

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And then the light turns on you. And so technology. Bill Reid that would be fantastic. We you know we have the sensors that don’t make the light turned green when it’s red or whatever but it’s just not the same and those don’t really work that well. You don’t know if it’s judging the weight or the lights or what it’s judging say you’re blinking your lights and your your engine back and forth trying to get the sense to go off to turn the light.

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So you know those types of technologies could be could be very good could be coming around and you know one of the one of the least error technologies out there those speeding cameras I see those suckers all over town. We’ve already we just unleashed a whole new batch of those that have.

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I don’t deal with traffic tickets very much. I know guys who do that. And as far as I know there’s not really a way to beat those. You can you know if they’re given to you by a police officer or whatever there is you can find some tricks and tips to get around them. But those cameras Man those things are those.

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Those are tough especially when you’re like I wasn’t speeding there and then you go watch the video of you speeding and you’re like oh I remember that or the little red light or whatever that you went through. And so that they can be very frustrating.

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And I actually recently got a boot on my car because one of those that realize it had it at boot. And then I realized I had the ticket. So that was a costly mistake. And so yeah those are tough to fight and they’re tough to stay on top of. But at the end of the day you know big brother big brother has on those for now.

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And you know there’s been some litigation out there trying to get him overturned and whatnot. But it looks like they’re here to stay in there and put him up so they can be on the look out I saw and chop tools today. There was the mobile traffic camera. And so basically it’s a van it’s a know OPD van and they set out on some neutral ground or whatever and basically they just have the camera on top of there and they’re looking for people who are speeding or breaking other not breaking other laws but speeding or running stop signs or whatnot. So anyway so that’s what we have with regards to the different technologies in the vehicles and the blog post that we put out last Friday. And so that’s going to be taking us into our our last break. So coming up on on last in this show we’ll be talking about some new things and then tapping into some of the things we talked about before. Again my name is Seth smiley. See you in court. And we are here on WGN so GSO dot com. Thank you. All righty Welcome back everybody. This is. See you in court.

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We’re in our final segment here quarter till 6 in the 5 to 6 o’clock DRob time hour here on Wednesday April 12th 2017. We’ve been talking about different technologies and auto accidents. I mean automobiles that will hopefully prevent accidents and make them make everything more safe. And then you know I was looking around at a couple of things online that are going on in the world and we’re going to be talking a little bit more about them about the law in you know different things that we have going on in my office and whatnot. We talked in the first in the first segment about proof and you know what you need to prove your claim and that and that that goes for any legal case. Proof is a big deal. And it just it just resonated with me because I had a client coming in just before this. I come over right after work. My office is downtown so smiley the law firm downtown New Orleans. And again I’m so smiley this is seen in court. And if anybody was call in would just we do have a few minutes left. Well we had a text earlier but it wasn’t appropriate for the air so if somebody would you know like to like to text something in they can.

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The text line is 5 0 4 5 7 9 8 9 8 5 and then I wonder if I have and then the listener lines 5 0 4 5 5 6 9 6 9 6 and that’s always the listener in line here on GSO 990 AM in GSO dot com if you’re listening on dot com then you might miss the call in window because you’re probably not listening to it live but if you are please give us a call. We’d be happy to talk about anything going on in news or with regarding to law. And I was looking here on Twitter to see if there was anything you know interesting to talk about with you know relating to the law relating to what’s going on out there in the world. And I saw that Charlie Murphy died. So that’s that’s kind of a sad one. He was pretty funny guy there with Dave Chappelle back and back in the Dave Chappelle Show days so that those the ones that was kind of an interesting one not a whole lot going on with regards to the law other than politics. And we can always talk politics. It’s always a hot juice do you. But you know it’s not always my favorite to jump into just because people many times it’s much ado about nothing. And so you know it’s just one of those things that there there are a lot more germane things to talk about with regards to what you what what I have going on daily. I’m I’m I’m a business guru. I read about any or as many business books as I can try to read anywhere between 40 and 60 books a year and most of those are business books. I also listen to books too. I don’t always read every one of them but I do audible like in my car automobile University.

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And so it’s a good place to you know to kind of to kind of see what’s going on and and then the business world and so constantly constantly reading your favorite authors and things like that. So if anybody ever wants to talk business I do run a business even though I have to be a law firm and I love learning about businesses and in marketing and sales and all that fun stuff. So doing this right now is part of our marketing for our firm.

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But you know in having a radio show and doing things like that the way to put yourself out there and I enjoy it. It’s it’s it’s I enjoy talking.

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And so folks tell me all the time that I should you know do something that even as a child you know if you get paid to talk you’ll be doing OK and some will get to do that not necessarily on the radio show but for my law firm so that’s fun. So a small recap.

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We we talked about proof earlier in the show. And it’s very important so like you know if you get in an auto accident take pictures of everything. You know if you’re ok enough to do it. If you have folks in the car with you bring your car into the shop make sure you get nice estimates on everything.

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We actually have a collision shop that we work with we don’t work with but we refer people to and they do a fantastic job. And so it’s been something that’s been a nice benefit because they help people get their car fixed faster with great customer service and kind of kind of help make sure that the car is getting fixed to the to the optimum level rather than just you know listen to what the insurance company wants you to get fixed so. And that’s a very important thing most people don’t know. They normally call the insurance company and they think that they have to go with that shop and that is absolutely not the case.

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So choose your auto repair shop carefully and you know because it does make a difference and you want to make sure you’re getting the the optimum amount of repair done for that and then just overall you know what with business law and business set up. I mean there’s a lot of pitfalls people. People usually don’t come to me and come to my firm until you know things have hit the fan and it tends to be to be nasty and you’ll hear me say it all the time. An ounce of prevention is worth a pound of cure and that’s especially true in the law. That’s especially true in construction law business law business litigation personal injury. Maybe there’s not a whole lot you can do whenever an accident happens whenever you’re injured and you know if you get injured on the job or wherever personal injury is not necessarily injured on the job that’s Worker’s Comp. But but there’s only so many things that you can do. Kicking this thing.

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So regardless you know we have a lot of things going on and in our daily regimen at my office and in trying to get you know cases ready for trial trying to get various proof and various evidence from the from the certain cases we had one recently where we you know essentially had the head of the head in our representation of a client because you know we thought we had this great case is going to lead to you know a huge huge turn and after you know getting the evidence from everybody and all of our proof and all their proof it kind of showed the case wasn’t what the client said it was in the beginning.

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So proof is paramount. Proof is very important. And the more you have the more likely you are to succeed in your claim.

[00:37:07]

And you know that’s anything that’s any argument you ever have with your wife or just friend or whatever. He who has the most information typically wins and Nick’s effort. I can I can take that back actually with my wife because those rules don’t apply logic and reason don’t apply when you’re fighting with your wife or they don’t use it. So anyway I’ll probably get in trouble when I go home. If you are listening. So anyway that that’s that’s pretty much all we have for this particular show and this week here on GSO and GSO dot com again. Shameless plug. This is Seth smiley and with the smiley law firm and we’re located in downtown New Orleans. I actually have a book in if anybody wants to get a copy of it. They can download it for free on our Web site e-version or if you send me your information to the Web site or our text line. I’ll actually mail you a hard copy of it. In it the Louisiana construction law Survival Guide and it’s you know how to get how to get paid on projects. It’s a big deal and that’s all of my customers see that a lot. So we’re going to go ahead and wrap things up for this week. Again Seth smiley smiley law firm.

[00:38:28]

This is see you in court here on W. GSO and W. GSO com see you same time next week. Thank you.

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Seth Smiley
Seth is an attorney licensed to practice in Louisiana and California. He is the owner and lead attorney at Smiley Law Firm. To speak with Seth fill out the form on this page.
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