All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms

Divorce, General Legal, Opinion

Red Flag Representation

01/23/2013 BowTieLawyer 4 Comments

This blog topic was requested by a colleague. This posting is geared toward attorneys on spotting warning signs and/or red flags of potential difficult clients. This can also apply to a variety of business owners to be on the lookout for potential difficult customers.

Difficult clients and difficult cases come with the territory of being a lawyer. The following are some red flags to be aware of, however, these are not necessarily cases or clients to avoid. I have read many other attorney and business guru’s opinions on avoiding certain types of clients/customers. They are time stealers, energy wasters and headaches in the making. In my practice, however, “clients to avoid” have been some of the more gratifying cases for a variety of reasons. Nonetheless, it is always best to know what you are getting into.

Calling/Hiring at the Last Minute. We have all had the call. “I need an attorney for tomorrow!” There’s a trial setting that has been ignored and the client wants you to work miracles. When the trial is tomorrow – red flag.
Multiple Past Attorneys. This client has been through 2 or 3 or more attorneys. This is a huge red flag. The former attorneys either “did not know what he was doing” or “was on the take” or both. (Sometimes there is a former attorney “no longer willing to do anything” because the potential client owes them a lot of money.)
5 Boxes on the First Visit. It takes 3 trips to get everything upstairs from car. Every possible shred of paper has been kept, not necessarily in an organized manner, but…”I know it’s in there somewhere.”
No Call/No Show for an Appointment. After accommodating someone’s work schedule, staying late to meet them and they do not show, did not call, and did not answer when you tried to call them, it could be a sign of the future.
When it’s Just Too Hard. You know the client. Having to convince them you are honest and on the up and up, having to justify every minute spent speaking to them and/or working on their case. I charge a fee for my initial assessments with clients. I do this because I provide valuable information, answer questions, provide them with a specific plan of action and it creates a “future conflict” upon the meeting taking place. When I have to go to great lengths to justify a fee because so and so will see them for free for a “consultation,” I tell them to go see so and so.
When There is Animosity at the Outset. Along the lines of being Just Too Hard, is when you just don’t click. Sometimes we have to give hard advice. Sometimes we tell people what they do not want to hear. Sometimes they attack the messenger.
Interviewing Multiple Attorneys. This one is seemingly innocuous. It differs from the multiple past attorneys above because the potential client never actually hired the interviewees. This is the classic “Conflict the Attorney Out,” scheme. People do it. Be aware.
Super Emotional. Family law is always difficult and is always emotional. However, sometimes the hurt and emotional pain of a case are too much for the client to deal with AND litigation and all of the rigors that requires at the same time. Recognize this to better serve your clients.
No Pay or Slow Pay. The check is in the mail, can you hold the check until ___?, or the check bounced. As Professor Jeffrey Jackson* at Mississippi College School of Law is known to say, “I can worry about your case or the money you owe me, but not both.” It is fair to ask the potential client about their income, available resources and intentions to pay the necessary fees. *(As an aside, Professor Jackson was named to National Jurist’s 23 Law Professors to Take Before you Die.)

These are just a few red flags that a potential client could be difficult, but in my opinion any one of these can occur due to the circumstances of a particular situation and should not disqualify representation. If all signs are present in your next new client consultation, tell them to go hire so and so.

Matthew is a family law attorney and is not scared to take on a red flag representation, well, except the ones that don’t pay.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Divorce, Opinion

It’s So Cold…

Image 01/17/2013 BowTieLawyer Leave a comment

How cold is it?

It’s so cold outside I saw a divorce attorney with his hands in his own pockets.

Matthew Thompson is a family law attorney that is up front with his clients about fees and expenses of litigation. Hiring Thompson Law Firm may help you keep some green in your pocket.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at(601) 850-8000 or Matthew@wmtlawfirm.com.

General Legal, Opinion

10 Annoying Client Traits

01/15/2013 BowTieLawyer 4 Comments

I recently wrote of 10 Annoying Attorney Traits. I only listed 10 of them, though there could have easily been 100+. A colleague suggested I write about Annoying Client Traits. I agreed to do it. Disclaimer: This applies to none of my past, present and/or future clients. Any resemblance to you is purely coincidental.

10. Calling at the Last Minute. You have a trial tomorrow?! You have had the papers for months, were served and ignored the other attorney’s calls and letters for weeks. Then you are upset with the attorney because we cannot get involved…
9. Petty Cases. You want to sue your neighbor because some leaves blew on your side of the fence, or in the family arena, because he was 5 minutes late for visitation drop-off. The Court does not want to hear it unless it matters.
8. Expecting Something for Nothing. I get multiple calls a month where the potential clients say they “don’t got no money, but…don’t you attorneys have to take some cases Pro Bono…” All Mississippi attorneys donate at least 20 hours per year on Pro Bono cases, or pay $200 dollars to the Mississippi Bar. Just because you don’t want to pay doesn’t mean your case is Pro Bono.
7. Declaring War. Okay, so you have a serious case. It does not mean that the right move is to put on your helmet, arm yourself and put on war paint. Listen to your attorney. Sometimes resolving your differences or settling your case is a better long-term outcome.
6. Suing for the Principal. Your case just got 3 times more expensive. Moral victories do not taste sweet. Suing on principal costs you lots of money, gets you in a quagmire and it may not end up the way you were hoping.
5. Not Taking Our Advice. You paid us to tell you what to do. Don’t follow at your own peril.
4. Weekend Calls About Non-Emergencies. Emergencies happen. We are paid to deal with them. However, it is not an emergency because your friend’s cousin in Toledo just settled their case without an attorney and you were wondering why we did not tell you about the Toledo case. What? Are you okay? Yes. Call me Monday.
3. Not Responding to Your Attorney. Attorneys get a bad rap for not returning calls. Well, clients don’t return calls either. We cannot effectively represent you if we cannot speak to you when needed. Please do not avoid calls.
2. Not Paying. You hired a lawyer. In most instances you caused the mess you are in or at least contributed to it. You agreed to the fees. Pay your bills. Not all lawyers are stinking rich.
1. Lying. Why on Earth would you lie to your attorney? We are so immune to judging you based on whatever it is that you did due to the fact that everyone else did it too. They just did not get caught. Tell the truth, the whole truth and nothing but the truth…to your attorney.

Matthew is a family law attorney and when he gets calls on the weekends, for non-emergency “emergencies” it goes something like this…

Client: Matthew, I hate to call on the weekend, but…

Attorney: Are you safe, are your kids safe, are you in jail, are your kids in jail…?

Client: What? No, we’re all fine. My Cousin’s friend in Toledo…

Attorney: Call me on Monday.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at(601) 850-8000 or Matthew@wmtlawfirm.com.

Marriage

Common Law Marriage is NOT so Common.

01/14/2013 BowTieLawyer 1 Comment

You live with someone for seven years, holding yourselves out as Mr. and Mrs., makes it legal, right? No. What about 10 years, 20 years? Nope.

In 1956 the Mississippi legislature ended Common Law Marriage in Mississippi, or at least NEW Common Law Marriages within the State. Mississippi Code § 93-1-15 was passed that required a License and solemnization for a valid marriage.

(1) No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license … and …shall have been performed …solemniz[ation]. Failure in any case to comply with both prerequisites …shall render the purported marriage absolutely void and any children born as a result thereof illegitimate.

(2) Nothing contained in this section shall be construed to affect the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956.

Now if your Common Law Marriage was valid prior to 1956 in Mississippi and you and the Mrs. are still alive and together, then your marriage is valid. Interestingly, if you have a valid Common Law Marriage from another state Mississippi will also recognize that. 16 states still recognize Common Law Marriage according to Find Law and in the 1980’s Mississippi recognized a Common Law Marriage of a couple from Georgia. They eventually relocated to Mississippi and the wife sought and was granted a divorce. George v. George, 389 So.2d 1389 (Miss. 1980).

Don’t count on a Common Law Marriage for marital purposes, and don’t believe your “spouse” if they tell you you’re married and you have not followed the State licensure requirements.

Matthew is a family law attorney and was married using the post 1956 Mississippi methods.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@BowTielawyer.ms

General Legal, Opinion

10 Annoying Attorney Traits

01/10/2013 BowTieLawyer 2 Comments

My inspiration was a recent blog with a similar topic of the 10 most annoying type of persons. It had some salty language so I did not re-post, but it got me thinking about things that lawyers do that are annoying. Here are just 10 of them.

10. Use Legalese. Sometimes there is not a plain English equivalent term, but come on. Please don’t constantly say whereby, wherefore, use Latin terms, or over use allegedly.

9. Always Angry. Yes, you have a law degree, but that doesn’t give you a license to be jerk. Perhaps there is a time and place for being a jerk, but it’s not often.

8. Don’t Return Calls. Your time is valuable, we know. If you get a call return it in a timely manner. Things happen, you forget, you get busy, you’re writing a new blog post…Return the call.

7. Blaming the Paralegal. So every mistake or miscue at your office is someone else’s fault? Well, you hired them. Take responsibility for your action or inaction.

6. Cause Delay. Attorneys have a unique and uncanny ability to make things take immensely longer than they should. Is it because they are paid more if it takes longer? Billable hours, Hmmmm.

5. Take on too Much. This attorney is always on the go, juggling balls in the air, having 2 court appearance in the same day and it makes you exhausted just to speak to them…if they call you back.

4. Take on Things They Should Not. This attorney tries to be a jack of all trades and master of none. If you can do it great. If you don’t know what to do, pass on taking the representation.

3. Always Late. This attorney is always rushing, but not getting anywhere on time. There is always an excuse and they figure the judge will be late anyway.

2. Constantly Curse. This one is dropping curse words in every conversation. Most are inappropriate and crude , but hell…

1. Know it All. They have an answer for everything. Why you are wrong, why they are right. There is no compromise unless it’s on their terms. They are exhausting to speak to.

What do attorneys do that annoys you? Leave a comment, but don’t say “wear a bow tie.”

Matthew is a family law attorney and native Mississippian who tries NOT to be an annoying attorney, though he has on occasion exhibited some of the traits above. (3 this week!)

Follow his blog: BowTieLawyer Visit his website: Thompson Law Firm, pllc

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Child Custody, Divorce, General Legal, Modifications

Jurisdiction; Where to Sue.

01/08/2013 BowTieLawyer 1 Comment

Jurisdiction is one of those legal terms we hear a lot, but aren’t always sure what it means. In the legal world, for a Court to be able to act upon a filed complaint and grant relief to a party, the Court must have jurisdiction.

Jurisdiction provides the Court authority to makes decisions over a party and the topic of their lawsuit.

Mississippi law provides rules for determining if a Court has jurisdiction and where that may be. MCA § 93-5-5, contains the residency requirements for a divorce action. Additionally, all actions for divorce will be filed in the Chancery Court for the appropriate county.

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases:

(a) Where one (1) of the parties has been an actual bonafide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered actual bonafide residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.

(b) In any case where the proof shows that a residence was acquired in this state with a purpose of securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of complainant.

In plain terms, this means you file your divorce action in your home county, or the County that you have resided in for at least 6 months, immediately filing the action. If you were married in another stated and meet the Mississippi residency requirements you file in Mississippi. If were married on the Coast, but live in Jackson and have for over 6 months you file in Jackson. Sometimes, if you wish to file in your current area, but have not met the residency requirements you may have to wait. Sometimes there are disputes as to residency and the parties can litigate where the case should be litigated. Some states have different residency requirements than Mississippi so don’t bank on the 6 months if you are in another state.

There are also a number of exceptions or tweaks to the jurisdictional rules. Another Court, or State, could have “emergency jurisdiction” in child custody cases pursuant to the Uniform Child Custody Jurisdiction Enforcement Act. (UCCJEA). Also, if your divorce was originally in another state or another county, that original Court would have original jurisdiction and there are additional rules to “transfer” jurisdiction and in some instance you cannot move it. Military family law cases also have exceptions to the traditional jurisdiction rules.

Jurisdiction is a critical aspect to consider when filing. It is imperative that your case be filed in the right place geographically and the right Court. You also may have options between differing Courts based on what is at issue in your case. Talk to your lawyer about where your case should be filed.

Matthew is a family law attorney and native Mississippian. Follow his blog, here, at http://www.BowTieLawyer.wp.com.

You may also contact Matthew with your family law or jurisdictional question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Divorce, General Legal, Opinion

Holiday Burnout; 3 Tips to Cope and Keep Moving Forward.

01/03/2013 BowTieLawyer Leave a comment

Now that the Holiday’s hustle and bustle are behind us it is common for an emotional lull or brief bout of depression to set in. These are the Christmas Blues and are real. These are especially common in those persons dealing with the stress of family law litigation.

Christmas Blues happen for a number of reasons; all of the excitement and anticipation of the holidays have passed, financial problems that were ignored can no longer be (your personal financial cliff), the relatives you actually enjoy seeing have gone back home, and the “doldrums” of work and real life are back, in full force. There is even a medical term that can be applied; seasonal affective disorder.

There are a few mechanisms to cope with these Christmas Blues. I have previously blogged on dealing with stress by keeping a routine, adding some form of physical fitness and making your bed everyday, these continue to be applicable. However, the Christmas Blues can be counteracted with a few other techniques, which also happen to be appropriate if you are dealing with or anticipate dealing with family law issues.

Get a financial check-up. Meet with your financial advisor or CPA. Hire one if you don’t have one. You may think you don’t have a need or do not have enough assets to warrant it, however knowing what you have, where it goes and what to do with it helps regardless of your situation.
Get a medical check-up. This is almost as unpopular as going to the dentist, but do it anyway. Knowing what’s going on with your health is important and can head off future issues. I know you’re busy and feel fine. Do it anyway.
Get a spiritual check-up. Why do bad things happen to good people? Why is their so much illness and tragedy in the world? I do not have all of the answers, but these are common questions. Being centered, be it through your church, other place of worship or out in the woods, helps you cope with life’s unanswered questions.

These are not earth shattering, though may be annoying or hard to schedule. Do it anyway. You will not regret it.

Matthew is a divorce attorney, food blogger, and Mississippian, none of which he apologizes for. Follow the @ http://www.BowTieLawyer.ms.

You may contact the Firm at (601) 850-8000 or Matthew@bowtielawyer.ms.

Bow Tie, Crime, Divorce, General Legal, Opinion, Pets

BowTieLawyer’s Top Rated Posts of 2012 (and a few of my favorites)

12/31/2012 BowTieLawyer Leave a comment

Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites. Thank you for viewing this blog, posting comments and sharing. I think this is a worthwhile blog and I enjoy doing it.