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

Child Custody, Divorce, Opinion

Happy Mother’s Day!

05/09/2014 BowTieLawyer Leave a comment

Mother’s Day is Sunday.

Make sure that the mother of your children is recognized. Mothers are the most influential force on a child. Dads are important, no doubt, but a hug from mom makes everything better.

Too often, in separated families, the dad takes the position that “well, she’s not MY mother” and leaves it to the kids to take care of. Don’t. Help your child get an appropriate Mother’s Day gift, every time.

Send flowers, give a card – handmade by junior is a winner every time, a gift certificate for a massage, a dinner, the movies, or bowling, whatever it is, Do it.

Thompson Law Firm wishes all of the Mother’s out there a Happy Mother’s Day!

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce

Is Your Lawyer Just Running Up a Fee?

05/08/2014 BowTieLawyer 1 Comment

Lawyers and their fees, the bane of the client’s existence.

Lawyers bill in several ways, most commonly with retainers and hourly billing. A retainer is unearned money that is placed in the lawyer’s Trust Account. As the lawyer works on your case, talks to you, meets with you, emails, texts, or thinks about you, the lawyer charges you. As your charged the money is pulled from the Trust Account into the lawyer’s Operating Account. When the retainer gets low the lawyer sends a nice letter, called a “Replenish Retainer” letter. It says send more money. The client then calls and asks “how much is this going to cost me?” The response is ALWAYS the same, “It depends.”

Another way to bill is Value Pricing, or fixed fee pricing. This is when there is a pre-negotiated or agreed upon price on the front end of the case. The client and lawyer agree to the fee, the timing and circumstances under which it is due. Here the client knows how much it is going to cost them. In my experience most lawyers do not like this method because “high fees” scare clients away and some lawyers are not comfortable quoting fixed fees because they may limit what they can charge.

There are pros and cons to each method. The hourly billing method is great if the matter settles quickly, but persons in the position needing lawyers are rarely in the settle-easy category. The fixed fee method allows you to plan, budget and make a fully informed decision.

Whatever method your lawyer uses, make sure you understand it. Make sure you appreciate the full cost and expense you are facing.

Thompson Law Firm uses the Value Pricing and fixed fee approach to handling your legal matter.

Crime, Divorce, General Legal

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

05/07/2014 BowTieLawyer Leave a comment

“Monicagate, Lewinskygate, Tailgate, Sexgate, or Zippergate”

Whatever you call it, it’s the case that parsed words over what the definition of “is” is and put a focus on what is and is not sex-and ergo adultery.

Mississippi defines Adultery as uncondoned Sexual intercourse with a person of the opposite sex, not your spouse. To be adultery you have to be legally married, then have intercourse with a person, not your spouse, of the opposite sex, without permission of your spouse before or forgiveness of your spouse if after. What a definition!

Uncondoned – is the part that requires it not be with permission or forgiveness, whether before or after.

Sexual Intercourse – is the part that requires sex, and what Bill Clinton based his testimony on.

Opposite sex – is the part which requires the other person be the opposite gender from the adulterer. This one is interesting as technically speaking a same-sex rendezvous does not meet the definition of adultery, maybe for a number of reasons.

Not your spouse – is obvious.

A Valid marriage – usually obvious, but every now and again that issue comes up. If you are not legally married, then it is not adultery. Mississippi abolished common law marriage over 50 years ago.

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

Whether is means now or is mean was, consult an attorney if you find yourself in precarious or Lewinsky-like situations.

Crime, Divorce, General Legal

Pleading the 5th in Divorce

05/06/2014 BowTieLawyer 1 Comment

“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked. The reason is divorce cases are civil matters, by their nature. Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime. Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless. Due to this you may invoke the 5th. However, you have not outsmarted the system. Pleading the 5th in a civil matter creates a presumption that you did what was asked. Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney: Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith: I plead the 5th.

Attorney: Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge: Duly noted.

Why do it then? The witness does not have to disclose the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer

Divorce, General Legal

When to Have a “LIE” Ready to Go.

05/05/2014 BowTieLawyer 1 Comment

It seems that in Family Law everybody lies…

I have blogged on the Top 5 Lies of Divorce Clients, as well as It’s ok to Lie to your Children (sometimes). But, there are times where you should have a “lie” ready to go.

When are the Times When you NEED a Response Ready to Go?

When you are first meeting with the attorney and are not ready to disclose that to the other side. Have a story ready. If you are a terrible liar also take a short shopping trip or have lunch with someone so you can truthfully say that is what you were doing.

When you are investigating/following/checking up on the other side. Have a story ready for when you get spotted. I use several PIs for various aspects of what I do. They always have a detailed, believable cover story ready to explain their presence.

When you are not ready to “Show your Cards.” The other side wants to create a ceiling for what you want out of the divorce and you are not ready to say what you want. Have some response ready, however.

Should you lie? No. Are there times when it is in your own best interest to do so? You better believe it!

Matthew Thompson is a Family Law Attorney in Mississippi. Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, Opinion

A “Sterling” Reputation is No Longer a Good Thing

05/02/2014 BowTieLawyer Leave a comment

You would have had to have been under a rock, or dealing with a Tornado, to have missed the news about Donald Sterling.

The Clippers, an NBA team in Los Angeles who are not the Lakers, have been in the news because of the owners racially offensive remarks. Owner, Donald Sterling, was recorded saying racially charged, offensive and ignorant comments about his girlfriend associating “with black people.”

The NBA has banned Sterling for Life and has fined him $2.5 million. Sponsors are dropping the Clippers, players are speaking out against the owner, and the news media continues to dig for details on this story and Sterling’s life.

Sterling certainly does not enjoy a Sterling reputation or else that complement is now a fatality to this event.

Vying for a Sterling reputation? I think not.

Child Custody, Divorce, General Legal, Opinion

Don’t Trash Your Ex Publicly.

05/01/2014 BowTieLawyer Leave a comment

Sure they probably deserve it, but what is the old saying?

Never wrestle with a pig because YOU get dirty and the pig likes it. –

George Bernard Shaw

It is hard, sometimes seemingly impossible to pass up a good opportunity to besmirch the ex, however telling the Homeroom teacher you are unsure about how you are going to pay for Jr.’s field trip because his dad is a deadbeat isn’t right, especially when it’s not true. The problem is, even when it is true, it is still NOT right.

Saying negative and hurtful things about the other parent always backfires. In the day and age of twitter, FaceBook, texting and digital recorders- assume all conversations are heard, overheard, recorded and shared. This means it gets back to the other parent, back to the kids and is as bad as the tattled-upon conduct.

Also, don’t assume your anonymous blog posting is really anonymous. You have a unique ISP#, your online activity, site visits, time of the visit and duration of the visit are retrievable information.

Matthew Thompson is a Family Law Attorney in Mississippi and cautions you that if you would not say it your Mom, then you should not be saying it to someone else about your Ex.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce

7 Top Grandparent Monikers

04/18/2014 BowTieLawyer Leave a comment

Grandparents are called many things these days. They are as involved as ever and have ever increasing roles and rights. But, here’s what they are called…