As educators, we play a crucial role in protecting the children under our care. One of the most important responsibilities we have is reporting suspected child abuse or neglect. However, there's a common misconception that needs to be addressed: reporting concerns to school administration alone is not sufficient to meet your legal obligations as a mandatory reporter.

The Legal Requirement

Recent changes (see attached PDF at the end of the article) to Louisiana law have clarified and strengthened the requirements for mandatory reporters, including teachers and other school staff. According to the updated Louisiana Children's Code, specifically Article 610(A), mandatory reporters must report suspected child abuse or neglect immediately and directly to the proper authorities. Under Article 603(17), teachers are considered "mandatory reporters".

 Internal Reporting Is Not Enough

While it's often a good practice to inform your principal or other administrators about your concerns, this internal reporting does not replace your legal obligation to report to the designated authorities. Here's why:

1. Legal Compliance: The law specifically requires direct reporting. Article 610(A)(1)(a) & (b) of the Louisiana Children's Code states that reports shall be made "immediately" to either the Department of Children and Family Services (DCFS) or law enforcement, depending on the situation.

2. Timeliness: The law emphasizes immediate reporting. Internal school procedures may cause delays that could put a child at further risk.

3. Accountability: By reporting directly, you ensure that the information reaches the proper authorities without any potential filters or interpretations by intermediaries.

4. Protection: Direct reporting provides you with legal protections afforded to mandatory reporters, which may not apply if you only report internally.

How to Report

The law provides clear guidelines on how to make a report:

1. If you suspect abuse by a parent, caretaker, or someone in a similar role, report to DCFS. (Article 610(A)(1)(a))
2. If you suspect abuse by someone other than a caretaker, or abuse by a teaching or child care provider, report to local or state law enforcement. (Article 610(A)(1)(b))
3. Reports to DCFS can be made via phone hotline, online portal, or in person at a child welfare office. (Article 610(A)(2))

Dual Reporting Is Permitted

Article 610(A)(1)(c) explicitly states that "Dual reporting to both the department and the local or state law enforcement agency is permitted."

Protection for Reporters

The law provides protection for mandatory reporters who make reports in good faith. Article 610(A)(3) specifically prohibits employers from preventing mandatory reporters from complying with the law and includes penalties for employers who do so. It states:

"If a mandatory reporter is prohibited from immediately making the report required by this Chapter to the department or local or state law enforcement because of an employer's policies or employee manual, the mandatory reporter shall file a complaint with local or state law enforcement. Local or state law enforcement shall investigate the complaint and an employer violating this Chapter shall be subject to the penalties provided for in R.S. 14:131.1 and 403."

Conclusion

As educators, our primary responsibility is to ensure the safety and well-being of our students. While internal reporting procedures can be valuable for school operations, they do not replace our legal obligation to report suspected abuse or neglect directly to the appropriate authorities, as clearly outlined in the Louisiana Children's Code.

By understanding and following these requirements, we can better protect the children in our care and fulfill our legal and ethical responsibilities as educators. The law is designed to ensure that reports are made promptly and directly to the agencies best equipped to investigate and respond to potential abuse or neglect.

Remember, when in doubt, it's always better to report. Your action could make a crucial difference in a child's life.

If an auto accident in Shreveport, Louisiana is a multi-vehicle accident -- involving more than two cars -- there may be more than more than one driver who is legally responsible. Indeed, depending on the facts, all of the drivers may have some legal responsibility for the accident.

Louisiana follows a comparative negligence rule that provides for a shared legal responsibility where more than one party is at fault. That shared responsibility is based on the percentage of fault that is decided by a jury or other fact-finder. Thus, assume a three-car accident; if a jury were to assign the percentages as 10%, 40%, and 50%, then the parties would be responsible for paying their percentage of any judgment awarded. Given how complex Caddo Parish, LA multi-vehicle car accidents are, if you have been injured, there would likely be value in having a consultation with an experienced Shreveport multi-vehicle auto accident attorney like ours at the Law Offices of Philip B. Adams. Please use our Contact Page and act quickly because there is a one-year deadline for filing Louisiana car accident injury lawsuits.

Any driver who was negligent has legal liability

In Shreveport, Louisiana, liability for traffic accidents is determined by the doctrine of negligence. To prove legal liability, an injured victim must prove the four legal elements of negligence, which are duty, breach of duty, causation, and injury. In terms of duty, Louisiana drivers have at least two basic duties: the duty to be careful and watchful to avoid injury and harm and the duty to obey traffic laws. If it is shown that a driver was NOT careful/watchful and did NOT obey traffic laws, then BREACH of duty is proven. Those are the first two elements of negligence. From there, it is often not difficult to prove the final two legal elements since, in many cases, the breach of duty clearly resulted in the accident, and injury/property damage was caused.

Some hypothetical examples

In a Louisiana multi-vehicle auto accident, any driver who committed negligence can be held legally responsible. For example, let's assume we are dealing with a simple 3-car-in-a-line accident where the last car rear-ends the middle car, which is pushed forward to impact the front vehicle. Assume also that the first two cars were stationary at a red traffic light. In this example, the drivers of the first and middle vehicles did not commit negligence since they were lawfully sitting and waiting for the red light to change. Very likely, 100% of the legal liability falls on the driver of the third vehicle, who would be liable to pay compensation for injuries and property damage to the drivers of the first and middle car.

Let's assume a different hypothetical scenario where the first car has stalled in the middle of a traffic lane and has not moved to the shoulder or otherwise gotten out of the traffic lane. Assume, now, that the driver of a second vehicle is not paying enough attention and crashes into the stalled vehicle. Assume further that a third vehicle is following too closely and crashes into the second vehicle. In this example, all three drivers may be liable. The first driver had a duty to remove the stalled vehicle to the side of the road; the second driver had a duty to see the stalled car and slow down or take evasive action; and the third driver was following too closely for safety.

Contact A Louisiana Personal Injury Attorney Today

For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.

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Kidnapping is a crime in Louisiana. It is a stand-alone crime and is often an aggravating factor for sentencing when coupled with other crimes like murder, rape, assault, and battery with a dangerous weapon, etc. Generally speaking, kidnapping is the taking of someone, forcibly and without consent, from one place to another. If you have been arrested or are being investigated for alleged identity theft, contact a top-tier and experienced Shreveport kidnapping criminal defense attorney here at the Law Offices of Philip B. Adams. Our offices are in Shreveport, Louisiana. 

In Louisiana, there are several forms of kidnapping that are criminalized, many related to child kidnapping. This article will focus on the kidnapping of adults. The basic crime of kidnapping in Louisiana is called "simple kidnapping." See La. R. Stat., §14-45. The legal elements that must be proven by the prosecuting attorneys are

• Intentional and
• Forcible seizing and
• Carrying from one place to another
• Of a person
• Without his or her consent

If convicted of kidnapping, a person faces punishments of up to five years in prison and/or a fine of up to $5,000.

From the foregoing, potential defenses to the charges of kidnapping in Louisiana involve challenging the various elements. Thus, in some cases, consent may be a defense if it can be shown that the alleged victim agreed to be "carried from one place to another." Note that, generally, if a child is the alleged victim -- a person under the age of 18 -- consent will not be a defense. Other defenses might include lack of intent, no forcible taking or seizing, and/or no carrying of the person from place to place. Other defenses might include more general defenses like alibi, mistake, accident, failure of proof, violations of police and constitutional procedures, etc.

Another level of kidnapping -- a more severe crime -- is called second-degree kidnapping. La. R. Stat., §14-44.1. Second-degree kidnapping can be charged for any of the following actions:

(1) The forcible seizing and carrying of any person from one place to another
(2) The enticing or persuading of any person to go from one place to another
(3) The imprisoning or forcible secreting of any person
(4) The forcible seizing of any corrections officer or any other official or employee of an adult or juvenile correctional or detention facility for any period of time whatsoever
AND where the victim is any of the following:
(1) Used as a shield or hostage
(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony
(3) Physically injured or sexually abused
(4) Imprisoned or kidnapped for seventy-two or more hours
(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon
(6) Used to facilitate the commission of a simple escape or an aggravated escape, including a simple escape or aggravated escape from either an adult or juvenile correctional or detention facility

If convicted, a person faces from five to forty years in prison at hard labor without the benefit of parole, probation, or suspension of sentence for the first two years.

The most severe form of kidnapping is called aggravated kidnapping. La. R. Stat., §14-44. Essentially, this form of kidnapping is like hostage-taking with a demand for payment (or something of value) in exchange for the release of the victim. Being convicted of aggravated kidnapping is punished by a term of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. 
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Settlements can be reached very quickly, sometimes in less than two months, depending on the facts of the case. However, more complicated cases will take longer. Most car accidents in Shreveport, Louisiana, are resolved via settlement. But, it must be remembered that a settlement involves a full release of any further claims. That is, once a settlement is reached and paid, there can be no "going back" to demand more money. This is because a settlement involves signing a legally binding settlement agreement. In that agreement, there will be language that bars any ability to make more demands related to the accident in the future. The language is often similar to the following example:

"Release of Claims: In exchange for the Settlement Amount, [NAME (the party injured in the crash)] hereby forever releases the Insurance Company, the at-fault driver, and all others from any and all claims, lawsuits, and demands, whether now known or unknown, flowing from the Accident from this Date until the end of Time."

Because of this, if a victim agrees to settle too quickly, the victim of a Shreveport, Louisiana, car accident may not receive FULL compensation. So, "being patient" is generally the best method of ensuring the MAXIMUM settlement. If you have been injured, seek a consultation with an experienced Shreveport auto accident attorney like the ones at the Law Offices of Philip B. Adams. Use our Contact Page.

Under Louisiana law, an auto accident victim is entitled to compensation for ALL damages, including ALL medical bills, ALL lost wages and income, ALL pain and suffering, and much more. In less complicated cases, those medical bills, cost estimates for repairs, claims for lost income, etc., can be quickly and completely gathered. It is on the basis of that information that a settlement is negotiated. However, as noted, once a settlement is reached, there can be no further claims, even if the accident caused a latent injury unknown at the time of the settlement. Imagine that one of the injuries suffered in the car accident was a broken leg. The leg is set, and everything seems fine. But a month later, the doctors say surgery on the leg is needed. If the victim took the settlement money before the surgery, then the victim will have to pay those costs. And, as we know, surgery is very expensive. So, again, "being patient" is the best practice.

For more complicated cases, reaching settlement takes more time because surgeries, therapies, and other healing treatments are needed before the victim's health is fully recovered. Further, because the medical bills are still accumulating, the total damages cannot yet be calculated. Thus, more serious cases with more severe injuries will require more time before settlement monies are paid. These cases can take six months to a year to settle. Settlement will take even longer, where long-term medical care is needed. The costs of such future medical care are recoverable as damages, but it takes time to evaluate and properly estimate what those future costs are going to be.

Contact A Louisiana Personal Injury Attorney Today

For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.
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For those charged with crimes in Shreveport or other parts of Louisiana, one crucial legal and constitutional protection is the protection against being tried twice for the same crime. In legal terms, being tried twice for the same crime is called double jeopardy. This matters because if a jury or judge says "not guilty," the criminal defendant is immediately set free and can go home. Without the protection from double jeopardy, the Louisiana prosecuting attorneys could keep the defendant in jail and "try again" with a new judge or jury. If you are arrested and charged with a crime, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams. 

Those accused of crimes are protected from double jeopardy by both the Fifth Amendment of the U.S. Constitution and by Louisiana statute. La. Rules Crim. Proc., Art. 591. The Louisiana statute states as follows:

"No person shall be twice put in jeopardy of life or liberty for the same offense, except, when on his own motion, a new trial has been granted or judgment has been arrested, or where there has been a mistrial legally ordered under the provisions of Article 775 or ordered with the express consent of the defendant."

In some cases, a double jeopardy argument can be successfully used as a defense to a charge and can lead to dismissal or the overturning of a conviction on appeal.

There are, however, some exceptions -- or maybe nuances -- to the double jeopardy rule. Some can be seen in the words of the statute. The first exception is where a criminal defendant -- on "his own motion" -- requests a new trial. A "motion" is a written request given to the judge. The second exception is where a "judgment has been arrested." This means that a conviction has been overturned, and the case returned to the trial court for a new trial. This is allowed -- and does not violate principles of double jeopardy because, in effect, the defendant is asking for a new trial when the defendant appeals an adverse result. The final exception in the statute is for mistrials either agreed to by the defendant or legally ordered under the Louisiana rules and procedures. The most common mistrial occurs when a jury is "hung" and cannot agree on whether to convict or acquit.

The other important exception or nuance is the fact that the United States is deemed to have two separate levels of government: the federal government and the government of Louisiana. Double jeopardy principles apply to each but apply separately. So, Louisiana cannot try a person twice for the same crime, and neither can the federal government. But each can make one attempt. This assumes, of course, that the actions and behavior are crimes at both the state and federal levels. Drug crimes are a good example where both governments have criminal statutes punishing the same behavior.

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.​

In common everyday understanding, for a Louisiana car accident case, a "contingency fee" means "no attorney fee unless we win." More precisely, a "contingency fee arrangement" is one of several possible payment arrangements when hiring a lawyer to handle your case. Louisiana attorneys can charge in several ways:

• By the hour
• Charge a flat fee for a set of defined legal services
• Charge a contingency fee or
• Charge some sort of hybrid combination of the above

With Shreveport, Louisiana, auto accident cases, most attorneys handle those cases with a contingency fee arrangement. As noted, this means there are no attorney's fees paid by the client until and unless there is a recovery in the case. If there is a recovery, then the attorney's fee is paid from the recovery, usually as a percentage of the total amount recovered. This is the meaning of the word "contingency." Any attorney's fees due for handling the case are contingent upon a settlement or court victory in the case.

The typical fee is one-third of the settlement/recovery after expenses are deducted (such as filing fees, deposition fees, etc.). Often, there is a higher percentage if there is an appeal in the case handled by the attorney.

Are contingency fee arrangements legal in Louisiana?
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Yes, contingency fee arrangements are allowed and legal under the laws of the State of Louisiana. See La. Rules Prof'l. Conduct, Rule 1.5. Contingency fee arrangements are specifically permitted in all cases except divorce and criminal cases. The Ethical Rules require the following for a contingency fee arrangement:

• The agreement must be in writing and signed by the client.
• The client must be given a copy.
• The agreement must state the percentage or percentages that are to be paid as attorney's fees in the event of settlement, trial, or appeal.
• If expenses are deducted, the agreement must state what expenses are to be deducted from the recovery and whether such expenses are to be deducted before or after the contingent fee is calculated.
• When the matter is finished, the lawyer must provide the client with a written statement detailing the recovery, expenses, attorney's fees, and remittance to the client, including calculations.

Why contingency fee arrangements benefit both the Louisiana auto accident lawyers and clients

Contingency fee arrangements have many advantages for both clients and lawyers. Clients see an obvious advantage in that there are no up-front costs or fees to be paid. This allows clients to hire lawyers when they might not be able to otherwise. Something similar is true with respect to litigation costs and expenses. Louisiana car accident cases can be expensive if expert witnesses must be hired and if there are a lot of depositions to take. Often, clients cannot afford to pay these expenses upfront, and contingency fee arrangements allow clients to avoid paying these expenses until there is a recovery.

Contingency fee arrangements also benefit lawyers. In general, more clients are available if attorneys are able to wait for fee recovery until the case settles or there is a victory in litigation. Likewise, depending on the complexity and length of the case, the attorney's fee might be higher than if the case was charged on an hourly fee basis. Of course, the opposite could also be true.

Contact A Louisiana Personal Injury Attorney Today
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For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website.

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