If you’re a parent you are entitled to your child’s school record, grades and information.
This is true regardless of the type of custody or visitation you have. This is true regardless of whether the other parent gives it to you or not. You are entitled to it by law in Mississippi. MCA 93-5-26
So, how do you get it?
Ask the other parent.
Ask the teacher.
Ask the guidance counselor.
Ask the principal.
Ask the guardian ad litem.
Formally request it in writing.
Have your lawyer request it.
and if all else fails
Issue a Subpoena.
Be nice, be professional, but be assertive.
The few exceptions to this are if your parental rights have been terminated and/or the child has been adopted or if there is a Court Order preventing you access.
Matthew Thompson is a Child custody lawyer in Mississippi and encourages you to be involved in your child’s schooling.
“An apple a day keeps the Doctor away,” may be getting replaced with an “Apple today keeps the Divorce attorney away!”
Your iPhone is NOT great at keeping secrets. All calls, texts and emails are trackable, if not recoverable. It links to the Cloud and backs up your photographs, even the ones you delete. It knows what apps you have downloaded, it knows when you are sleeping, it knows when you’re awake, it knows when you’ve been good or bad…
So, what can you do? You can upgrade your device. If there is no case pending, no request to preserve evidence, no issued subpoena or a discovery request, you can get rid of it.
What did Nevada Barr do? She “took a cold chisel and a hatchet; I tore it apart; I then took all of the pieces that were inside of it and I put them in the metal box; I burned it by pouring gasoline over it, and I shoveled it into a plastic bag and I dumped it in a bayou.”
Matthew Thompson is a Family Law attorney in Mississippi and does NOT advise the spoliation of evidence, obstruction of justice or Russian collusion, but you can upgrade your cell phone or laptop.
Dreaded words! “I’ll report you to the Bar!” or “I’ll sue you!”
Attorney Malpractice
“Not every mistake made by an attorney is considered legal malpractice. Instead, legal malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client. To prevail in a legal malpractice lawsuit in most jurisdictions, you will need to prove an attorney-client relationship between you and the lawyer, a breach of the duty to provide skillful and competent representation (negligence), causation, and a financial/tangible loss. “ https://www.justia.com/injury/legal-malpractice/
In Mississippi, in most instances, you have to show but for the malpractice you would have won your case, known colloquially as trying a case within a case.
Malpractice may give rise to a lawsuit against your lawyer. This would NOT be handled by the Mississippi Bar and would NOT be handled through a Bar Complaint. Instead, you would hire another lawyer, hopefully experienced in these types of matters, and would require you proving the above elements for attorney malpractice.
The usual litigation process would apply and you can count on a defense. A three year statute of limitations applies to attorney malpractice.
Additionally, malpractice is different than attorney discipline or a Bar Complaint.
What is the statute of limitations for conduct that is the subject of a Bar complaint?
Generally, the statute of limitations is three years after discovery of the facts that give rise to the Bar complaint. There are some exceptions. There is no statute of limitations for conduct that violates Rules 1.15, 8.1 and 8.4 of the Mississippi Rules of Professional Conduct. See Rule 4(d) of the Rules of Discipline for the Mississippi State Bar.
Is the Bar complaint process confidential?
All Bar personnel and members of the Committee on Professional Responsibility are charged with maintaining the confidentiality of the Bar complaint process. This means Bar personnel can neither confirm nor deny the existence of any Bar complaint. However, this prohibition does not apply to the attorney, the complainant or any other witness. The confidential nature of the Bar complaint process ends if the attorney makes any public statement, public discipline is imposed or a Formal Complaint is filed. See Rule 15 of the Rules of Discipline for the Mississippi Bar.
Who do I contact to complain about an attorney?
If you are concerned that your attorney or an attorney you have come in contact with may have committed an ethics violation you may contact the Consumer Assistance Program (CAP) to inquire about the possibility of filing a Bar Complaint. CAP may be contacted by telephone at (601) 948-2344; by email at gwaddle@msbar.org; or by mail:
Consumer Assistance Program Post Office Box 2168 Jackson, Mississippi 39225-2168
Who considers my Bar complaint?
The Committee on Professional Responsibility acts as a grand jury of sorts. It considers each Bar complaint to determine whether there is proof of an ethics violation. If the Committee determines there is sufficient proof of a violation, they may impose discipline in the form of an Informal Admonition, Private Reprimand or Public Reprimand. If the Committee determines that the ethics violation is so serious that it deserves more than a Public Reprimand, they may direct General Counsel to file a Formal Complaint with the Supreme Court of Mississippi.
Does a complainant have to be a client or former client to file a Bar complaint?
No. The Rules of Discipline for the Mississippi State Bar provides that acts or omissions by an attorney that violate the Rules of Professional Conduct are grounds for discipline regardless of whether those acts or omissions occurred in the context of an attorney-client relationship.
What is a Formal Complaint?
A Formal Complaint is filed at the direction of the Committee on Professional Responsibility or as a result of the attorney appealing the discipline imposed by the Committee. Formal Complaints are public record and are filed with the Clerk of the Supreme Court of Mississippi. Once a Formal Complaint is filed, the Supreme Court designates a Complaint Tribunal to hear and determine the matter. A Complaint Tribunal can dismiss the Formal Complaint or impose discipline in the form of a Private Reprimand, Public Reprimand, Suspension of Disbarment. The attorney or the Bar may appeal the decision of a Complaint Tribunal within 30 days to the Supreme Court of Mississippi. See Rules 8 and 9 of the Rules of Discipline for the Mississippi State Bar.
How does a suspended or disbarred attorney seek reinstatement to the practice of law?
Attorneys suspended for less than 6 months are reinstated upon the expiration of the time imposed and the satisfaction of any conditions of the suspension order. Attorneys suspended for 6 months or more or disbarred must petition the Supreme Court of Mississippi for reinstatement and follow the dictates of Rule 12 of the Rules of Discipline for the Mississippi State Bar. Attorneys disbarred due to a felony conviction after April 4, 2002, are not eligible for reinstatement to the practice of law.
The hyperlinks above will take you to the source page and includes additional information.
The Mississippi Commission on Judicial Performance was created in 1979 by the Mississippi Legislature, and voters, by constitutional amendment to enforce judicial standards.
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations.
All proceedings before the Commission are of a civil nature, not criminal, as the purpose of the Commission is to be rehabilitative and educational, as well as disciplinary.
What is judicial misconduct?
Actual conviction of a felony in a court other than a Mississippi court; willful misconduct in office; willful and persistent failure to perform his duties; habitual intemperance in the use of alcohol or other drugs; conduct prejudicial to the administration of justice which brings the judicial office into disrepute; physical or mental disability seriously interfering with the performance of duties and such disability is or is likely to become permanent; any willful violation of the Code of Judicial Conduct; and any violation of the Rules of Professional Conduct as adopted by the Mississippi Supreme Court.
Some examples of judicial misconduct include abuse of contempt power, failure to disqualify when required by law, ex parte communication, and improper demeanor.
Who can file a complaint?
Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.
What information should I submit with my complaint?
You may attach any documentation and/or evidence you believe may be pertinent, such as court documents, witness statements, correspondences, audio/video tapes, etc. Please do not send originals. Additionally, please include the names of any witnesses that may be able to substantiate the allegations contained in your complaint.
Matthew Thompson is Family Law Attorney in Mississippi and believes all persons within our legal system are subject to accountability.
Here’s your chance to be a part of history-in-the-making, changing Mississippi for the better.
There is a movement afoot to change/adopt a state flag that celebrates MS, while respecting her heritage. (…at least the heritage worthy of respect.)
The above link is a pre-order for a specialized car tag with a proposed new flag for MS. I for one support and encourage a change. I encourage you to join in, show your support and be a part of making History in Mississippi.
We all have “bad days.” The same is true for the judge, your lawyer and you.
Ruleville, MS water towers. Photo by Matthew Thompson
Part of the reason that Court is so unpredictable is because there are humans involved in the process. You just do not know what that other persons has had to deal with the last day, week, or month. Those outside influences, while they should not impact a case, can effect the outcome.
When the judge has a “bad” day, lawyers get chastised, witnesses “corrected” and rulings may be delayed. When lawyers have “bad” days client got to jail!
A short post today and not a lot of solutions, however the take away is show grace and until you’ve walked a mile in their shoes, you do not know what someone else is dealing with.
Matthew Thompson is a Family Law Attorney in Mississippi and former Photo Editor/Photograph for MC Law’s Legal Eye student newspaper.
Attorney client confidentiality and privilege are legal terms of art. Today’s blog will deal with confidentiality and privilege will be in a follow up blog.
Confidentiality is an ethical obligation on the the attorney to keep your business, your business. That means that your identity, the fact you called, or had an appointment, and the content of the discussions are all private. It means it is kept a secret to the extent it needs to be.
Confidentiality does not mean you may not disclose some information to others. If there is a pending suit and I am hired and file on your behalf then those facts are no longer confidential. If I need to disclose some facts to have an expert evaluate them, then to that extent, the disclosure to a third party, is no longer confidential. However, confidentiality can apply to third parties, including; experts, other attorneys in the firm, and staff in the firm.
“A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”
“The rule prohibits a lawyer from sharing any information learned about their client–whether learned directly from the client or not–that is related to the representation without permission from the client. This is a broad duty. However…there are a number of instances where disclosure is permitted without a client’s consent, including preventing death or substantial bodily harm, preventing the client from committing a crime or fraud that will injure another, preventing or mitigating harm that may result from a crime committed by the client, compliance with other law or a court order, securing legal advice about compliance with the rule, establishing claims and defenses in the event of a dispute between the lawyer and the client, or resolving potential conflicts of interest for the lawyer. Given these numerous exceptions, a lawyer must pay close attention to the particular facts of their situation when determining whether disclosure is permitted.” ABA, Model Rule 1.6
Matthew Thompson is a Mississippi Family Law Attorney and keeps your secrets.
It was a 15-year long marriage. For much of it Mike was unemployed. Eileen had had enough. Eileen had to pay Mike alimony based on their respective earnings, earning capacities and work histories.
5 months later Mike won $273 million dollars in the New Jersey lottery.
Upon learning of the win, Eileen said “He’s not appealing to me all of a sudden because he has this money.”
Mike responded, “$270 million does not make me appealing to her — that’s what she said?”
“It’s over with…I just want her to stop being in my life.”
While it appears no amount of money could salvage this relationship, Mike plans to salve his wounds with a new pickup truck, a vacation and listening to his lawyer.
Eileen has a basis to modify and possibly terminate her alimony obligations to Mike. Win, win.
Matthew Thompson is an Alimony Lawyer in Mississippi which just approved lotteries. Get ready!
(601) 850-8000 - - BowTieLawyer.MS 
