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

Going to Court is HARD.

I have blogged recently about Why Settling Your Case is Best, avoiding Court, and Why Going to Court is “Best.”  The gist of the former being settlement is preferred for having a say in the final outcome and having predictability and the latter, going to Court is best when there is no room for compromise.

img_4713

Unfortunately, I have been involved in the latter, a case where there was no room for compromise.  From my perspective one party was primarily the aggressor and was encouraged by the attorney to take unreasonable positions and force the matter to Court.  Of course, they did not view their own positions as meritless.  Also, I’m sure they thought my client and I were wretches…

Regardless, hard feelings abounded.  This case had some history.  What should have been a run of the mill divorce and custody matter was extremely contentious and was litigated over an issue that was not an issue.  In Round One, after most of a day of trial, the Court stopped the matter and told the other side they were going to lose on their issue and the case did settle.

But, like the A-Team, they had a plan!  Just a few months after it was final they decided another bite at the apple was proper. Based primarily on speculation…which was eventually admitted at Court, the other side sought to change the deal they had agreed to just months prior.  Round Two in Court was based on rank speculation.  After hours of testimony, haughty lecturing, and what can only be described as highly stylized testimony by the aggressive party and deeply emotional testimony by the other, the Court dismissed the case.

So, what is the take away?  Sour grapes?  I don’t think so, at least not  on my part.  It made me realize, yet again, Court is HARD.  It is not fun.  It is emotional.  And, even when you win, nobody wins.  Here’s what else can be guaranteed, when you successfully defend against baseless claims from the other side who thinks they are completely in the right when they are not, you better get ready for posturing and Round 3!

Matthew Thompson is a family law attorney and knows that sometimes even when you win you don’t win.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

The Day the Raccoon Went Berserk

Raccoon-disrupts-Adams-County-Circuit-courtroom

Raccoon

 

The day the Raccoon went berserk in Adams Circuit Court, they were jumping pews and shouting Hallelujah!
– apologies to Ray Stevens #bowtielawyerms

 

Matthew Thompson is a family law attorney and warns you to watch out for Raccoons in Court.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Why Going to Court is “BEST.”

This post is advice rarely given or taken.  I have previously blogged on Why Settling Your Case is BEST!.  Settlement is usually BEST, but sometimes Court is inevitable…

imgres

Why going to Court is Best, or the BEST alternative;

  • It allows you to tell your side of the story.
  • Somethings you CANNOT compromise on.
  • The Judge may be in the best position to hold someone accountable, who needs to be!

Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have.  Sometimes what you want and what a Judge can award are not congruent.  However, sometimes what the other side wants, a judge would not give them.  Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight.  Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.

Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.

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

Attorney Stereotypes- Which One Are YOU?

Let’s face it.  Attorneys are stereotyped.  Ambulance-chasers, Bulldogs, or Greedy are just some of the monikers that society gleefully attaches to lawyers.  Some are true and deserved.

However, lawyers also stereotype themselves.  Here are a few I have dealt with.

Holier Than Thou–  This lawyer is usually a young female lawyer who is equally showing how tough they are, but also reasonable.  They have never made a mistake and when they did it was not their fault.  This lawyer also ALWAYS has the innocent spouse.  The well-meaning, single mom just trying to make an honest living in this cruel, unfair world.  The Holier Than Thou attorney is so “sweet” on the phone they think they are being nice.  They are not.

Know It ALL–  This lawyer has never met a question that could not be answered and answered at length.  You seek a “yes” or “no” to a question and they give you an explanation that is mostly irrelevant and non-responsive.  When you ask again they get agitated with you for not listening.

Know-Nothing– This lawyer cannot be bothered with details.  Let’s throw it on the wall and see what sticks.  This is all fine and good when what you want and what they will agree to are similar.  This is a problem when parties’ needs are opposite.

Do Nothing – This lawyer is reactionary. Sometimes there is a good reason to react instead of blazing a trail which may be unnecessary.  However, if the Do Nothing creates problems for achieving results, it’s a problem.

Bull in the China Shop – This lawyer goes with the gusto.  If you can file it, file it. If it can be sued, sue.  Let the Judge sort it out. That’s why they are paid the big bucks, right? So what that you sued him for contempt for something he literally paid 2 years ago and has proof of.  What? Shown the cancelled check and your client’s signature on the cancelled check.  Well, there’s probably something he’s in contempt of anyway, right?

Sneaky Snake–  The sneaky snake is pleasant to talk to and fun to be around, but you cannot trust them or believe them. Don’t.  The Order is not in the mail, they are not calling you tomorrow, they will not Agree to a date certain even though they said they would.  Their client won’t “let” them.

So, which are you? Which am I?  What does the situation call for?  Some attorneys have a knack for being the chameleon, nice to you, mean to me, a great guy, a wonderful gal, as honest as the day is long and as crooked as a “j” hook.  There are many other stereotypes.  Stay tuned for more…

Matthew Thompson is a family law attorney and the best advice you can take away from this is know who you are dealing with, as best you can.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

I Say, You Say, We All Say Hearsay

Witness:  And then my neighbor said that he was f….

Lawyer:  Objection, your Honor. Hearsay.

Judge:  Sustained.  Don’t tell me what somebody said.

download

Hearsay happens everyday.  Hearsay, by definition, is any out of Court statement used to prove the truth of the matter asserted.  Huh?  Yep, legal mumbo-jumbo. Think of hearsay as ANYTHING that is said outside of the Courtroom by ANYBODY.  It also includes writings, documents and many, many things, but that is a blog for another day.  Today it’s about testimony.

Most commonly hearsay occurs anytime a witness is telling their story.  It is very difficult to tell what happened and who did what without saying what was said.  This is very frustrating for witnesses, irritating for Judges and something a lot of attorneys woefully ill prepare for. If you are a witness testifying just know that you cannot say what somebody else said unless they are a party in the case.

So, when mom is testifying about how upset little johnny was when dad dropped him off late for the baseball game, but mom did not see it and was relying on the assistant coach telling her, she can’t say what the assistant coach told her. Either the assistant coach has to come testify or mom has to describe little johnny after the game.  “He came home sullen, eyes red, as if he’d been crying.”  Little Johnny told her what happened.  So she called dad. Now she can talk about the call with dad and who said what because they are the parties.  Confused yet?

Hearsay and testimony is something you need to practice handling with your attorney.  You may always describe what you did and said and this is the way around hearsay and/or having the other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody else said.

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

Open Carry Legal In Mississippi.

It’s official. Mississippi is an Open Carry state.

Online pics of persons open-carrying look SO happy!

In an Order issued today by the Mississippi Supreme Court the gun law roller coaster has pulled into the station.

The bottom line was that the MS Supreme Court held that the Circuit Court erred when it ruled House Bill 2 was vague and therefore unconstitutional. The Court also stated it was error when the Circuit Court found a “reasonable person reading the bill could not discern what the law allows and what it prohibits.” The Supreme Court dissolved the Injunction which means that the State Law allowing Open Carry is valid, in place and is the law of the State.

You can read about the ups and downs of Mississippi Gun Law, Open Carry, & Concealed Carry in these links.

MS Gun Law 101

Open Carry in MS

MS Gun Law Update

Matthew Thompson is a family law attorney and encourages you to Carry Responsibly.

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

Happy National Bow Tie Day!

August 28 is a day of note.  It is National Bow Tie Day!

photo (15)

“Bow Ties are believed to have originated among Croatian Mercenaries during the Prussian wars of the 17th century.  These Croat mercenaries used a ‘scarf’ around the neck to tie the opening of their shirts.  This was soon adopted by the French upper classes in form of the cravat. From there the neck-ware flourished in the 18th and 19th centuries.” http://en.wikipedia.org/wiki/Bow_tie

“It is uncertain whether the cravat then evolved into the bow tie AND necktie, or whether the cravat gave rise to the bow tie, which in turn led to the necktie.” Id.

I celebrated the day by wearing a bow tie to Court.  It probably had no impact on the outcome, but the judge made a comment about it.  He has “worn one once or twice,” but has not mastered tying one, just yet.

The bow tie is frequently a topic of conversation.  I was recently told that only 2 types of people wear bow ties; 1) law professors and 2) clowns.  The person saying this, I think, was trying to make a mild insult.  They asked which was I.  I responded with “law school professor.” It’s true.

I have previously blogged on “Why the Bow Tie.”

I know what you are thinking,

“Who are some Notable bow tie wearers?”

  • Abraham Lincoln
  • Franklin Roosevelt
  • Theodore Roosevelt
  • Winston Churchill
  • John Paul Stevens
  • Albert Einstein 
  • Sigmund Freud
  • Humphrey Bogart
  • Frank Sinatra
  • Charlie Chaplin
  • Orville Redenbacher
  • Bill Nye
  • James Bond
  • Barney Fife
  • Donald Duck
  • The Cat in the Hat

Matthew Thompson is a family law attorney in Mississippi and prefers bow ties to regular neck ties.

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

It’s my Blogaversary!

Well, I did it. I have blogged for one year. I started because I wanted to. I had no specific goal to be an Internet sensation, not that I am…

20130824-151117.jpg

I have posted 158 posts. I’ve had over 17,600 views and I have 1,527 followers. I’m logged in when I’m on the site so most of the views are not me. Also, my mom is not the most technologically savvy, so most aren’t her either!

My most popular blogs have been;
5 Family Law FaceBook Don’ts
When NOT to Call the Police
Why I HATE Being a Lawyer
Can Children Testify in Court
Why the BowTie, &
MS Gun Laws

Stay tuned for more and let me know if you have any requested blog topics!

Matthew Thompson is a family law attorney in Mississippi and prefers blogging to jogging.
 

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