Category Archives: General Legal

Thanksgiving Roots…

The roots of Thanksgiving celebrations began when President Washington called for a civic celebration to unify Americans in the shared blessings of freedom in 1789.

He called upon our Creator to “render our national government a blessing to all the people, by constantly being a Government of wise, just and constitutional laws, discreetly and faithfully executed and obeyed.”

Seven decades later, factional divisions split Americans into Civil War.

In 1863, Lincoln issued a proclamation to celebrate Thanksgiving Day on the last Thursday of November.

For years leading up to President Abraham Lincoln’s proclamation, a prominent author, Sarah Josepha Hale, lobbied for a national day of thanksgiving to unify Americans. She advocated for the holiday to become an “American custom and institution.”

Just a few months following the Battle of Gettysburg, the deadliest battle of the Civil War, President Lincoln signed the proclamation to implore “the Almighty Hand” to help “heal the wounds of the nation.”

Happy Thanksgiving!!🦃🍁

Look out WebMD here comes ChatGPT!

For years Doctors have enjoyed the saying “I’m sure your WebMD is just as good as my actual M.D….

Self-diagnosing running rampant…

Well now ChatGPT has made everyone a lawyer.

Need a brief in response to a summary judgment motion?

In mere seconds a fully typed, cited and “winning” brief is at your fingertips.

Only, there’s just one problem…

It’s fake! The cites are fake. The rulings are made up and the cases and courts may not even exist.

Recently BigLaw and small firms have been swept up in AI legal malfeasance. It’s making the rounds and the news.

A federal judge has even been the target of an inquiry when a ghost ruling appeared with fictitious parties, fake facts and bad law! The order vanished and was replaced with a corrected one.

So be careful out there. We can no longer believe the news, the internet or our own eyes.

Matthew Thompson is a family law attorney that cites Westlaw and text books, such as Mississippi Divorce, Alimony and Child Custody, with forms.

Attorney Reviews and throwing Stones…

Attorneys are easy targets for social media/rating review site criticism.

108 Person Throwing Stone Hand Stock Photos - Free & Royalty-Free ...

Sure, we can pay $450.00 dollars and get a plaque that says we are the Top Ten Bestest Attorneys in the Universe, but it’s easy for anyone to put hate out there too.

Yelp reviews, Facebook comments and all the other review/rating websites make it very easy to attack.

Ever wonder why reviews go largely unresponded to, or at best some generic, canned PC response?

It’s because lawyers can get in trouble for telling the truth!!

A recent Mississippi Bar Opinion even opines it an ethical violation to respond to an online complaint.

This, even if the client (now former client) makes the posting and discloses confidential information. They have the right to do that. The attorney in only limited circumstances can respond…

https://www.msbar.org/media/e3tkbi1x/et-op-268.pdf

MS Bar Opinion #268

So just because you see a review doesn’t make it true. And, just because it was NOT immediately challenged with “receipts” doesn’t mean there’s something there.

Matthew Thompson is a lawyer that represents other lawyers with accusations of ethical violations.

Continue reading Attorney Reviews and throwing Stones…

Must Show ID when Operating a Vehicle MCA 63-1-41 in Mississippi.

I know my rights…or do you?

Every licensee shall have the required license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand…of a peace officer or… or other authorized employee of the commissioner.

However, no person charged with violating this section shall be convicted if he produces in court a license theretofore issued to him and valid at the time of his arrest.

Codes, 1942, § 8108; Laws, 1938, ch. 143; Laws, 1985, ch. 376, § 16, eff. 7/1/1985.

Dueling in Mississippi, Illegal since the 1800s…

MS Code § 97-39-1 (2024)

It seems we pine for yesteryear when men were gentlemen. Well, guess what? They weren’t!!

Disputes were resolved with a fight to the death. Political rhetoric was uglier then than now and physical altercations were certainly more prevalent then than now between candidates.

Mississippi law provided then (and now),

“Every person who shall challenge another to a duel…or who shall accept any such challenge…or who shall be present at the time of any duel with deadly weapons, either as second, aid, or surgeon, …or give assistance to such duel, shall, on conviction thereof, be fined in a sum not less than $300.00 nor exceeding $1,000.00…, or be imprisoned not less than 6-months in the county jail, or both.”

Codes, Hutchinson’s 1848, ch. 64, art. 9(1); 1857, ch. 64, art. 51; 1871, § 2531; 1880, § 2745; 1892, § 1036; 1906, § 1114; Hemingway’s 1917, § 840; 1930, § 865; 1942, § 2091.

The good ‘ol’ days weren’t that good and hopefully we can learn from the past and not repeat mistakes (and worse…)

Also, a duel is no way to settle divorce matters!

Matthew Thompson is a family law and child welfare attorney in Mississippi, a student of history and continues to learn from the past.

Hattiesburg’s Most Wanted

Attorney, Corey Ferraez is being pursued by law enforcement and has a warrant for his arrest for Civil Contempt. This is circulating the blogosphere in Hattiesburg and the Jackson area.

This all stemmed from a wrongful death matter and the corresponding estate matter. See Weatherford, Stephen Ray “Fuzzy” 56CH1:22-pr-00021-SM

Ferraez was the attorney for the estate and settled the wrongful death claim for $450,000.00. These sums were to be held in trust until the Court approved the settlement, attorney fees, disbursement and liens were handled.

Delays for various reasons caused the matter to drag on. Eventually the Court set a hearing and required Ferraez to attend. He did not.

Thereafter, the Court entered a Show Cause Order requiring Ferraez to attend, explain why he should not be held in contempt and to tender all of the $450,000.00 into the registry of the Court.

Ferraez did not attend this hearing and did not pay any sums by the date of the hearing.

In a surprising turn of events however, he did file a response with the Court, indicated he had been ill, and eventually tendered about $215,000.00 of the $450,000.00, claiming the difference in the value was due to attorneys fees and liens (or loans) that the client took out against the settlement. This was surprising because the attorney filed a response with the Court despite not appearing.

It also came to light that he had previously written a $25,000.00 check to the client that bounced for insufficient funds.

Regardless of anything else, this does not end well for Mr. Ferraez.

He will have to answer to the Court for the handling of the proceeds, the Mississippi Bar about concerns of unethical conduct and very likely criminal ramifications…Mr. Ferraez should turn himself in as time is not on his side.

*In criminal courts a defendant enjoys a presumption of innocence. Civil Courts have a differing standard. Refusal to appear, answer, cooperate can and will be used against you.

All lawyers that handle “unearned fees” are required to have Trust accounts with banks. These Trust account records are relatively easy to obtain and determine when monies came in, when they went out, where they went and what is left, if anything…

Matthew Thompson is a family law/civil law attorney in Mississippi and acknowledges unethical and illegal conduct when it needs to be; whether it’s a Judge, a party or a lawyer.

Review of the Raymond Jail…NOT recommended.

The Raymond Detention Center serves as the jail for Hinds County.

Plagued by problems since its construction, it has an unsafe reputation and is considered a dangerous place.

My review is below.

https://maps.app.goo.gl/6SXnxBCQkrZ3YdAN9?g_st=ic

Some “Crazy” Mississippi Laws…Setting Aside Your Divorce

Just one in a series of posts of some State Laws that are on the Books in Mississippi. In Mississippi you can undo your Divorce!

In Mississippi, you can legally UNDIVORCE!  Yes, you can have your judgment of divorce revoked by the Court that granted it.  This is not a remarriage, but rather judicially undoing the legal divorce. Why, you ask?  

Well, just like sometimes people marry the wrong person, sometimes you divorced the wrong person…

MCA 93-5-31, provides that a judgment of divorce may be revoked at any time by the Court that granted it.  The Court may require “satisfactory proof of reconciliation,” as well as “such regulation as it may deem proper.”  It requires a joint application of both parties. The process can be fairly simple and quick.

Upon approval by the Court, you can have your divorce erased and it’s as if you were never legally divorced.  You get “credit” for being married those years you were not, so 25 years still equals 25 years.

This is a very unique quirk in MS law and not widely known. In fact, a few judges, I have heard, have questioned whether they had the authority to do an undivorce and if it was legal.  They do and it is.

Matthew Thompson is a family law attorney in Mississippi and whether you marriage was a mistake or your divorce was a mistake, I can help!