Advice for the Day:
When you tell someone to calm down they usually do not and it could escalate the situation.
Matthew Thompson~ http://www.BowTieLawyer.com (601) 850-8000
Category Archives: General Legal
There’s an old story about…
…a lawyer that would raise the “Jolly Roger” outside of his office on days he was in trial. The Jolly Roger was flown to identify a pirate ship about to attack. These were used during the early 18th century (the later part of the “Golden Age of Piracy“).
The flag most commonly identified as the Jolly Roger today, the skull and crossbones symbol on a black flag, was used during the 1710s by a number of pirate captains including Black Sam Bellamy, Edward England, and John Taylor, and it went on to become the most commonly used pirate flag during the 1720s.
The more you know.
Matthew Thompson is a Family Law attorney and warns you to watch out for the folks flying pirate flags.
Witnesses, Facts and What you are Told.
You’re entitled to your own opinion, but you are not entitled to your own facts.
Testifying as a witness can be intimidating and scary. However, you do not have to let it get to you. Your job as a witness is to tell the truth, the whole truth and nothing but the truth. If you are testifying as a witness it is usually because you know something about the case and can help provide factual information. Your job as a witness, however is not to guess, speculate or even give your opinion, usually.
To be a good witness answer the question asked. Answer it with a “yes” or “no” or “I don’t know.” You may explain if you need to. Be direct. It is usually wise to only answer what is asked and it is also wise not to assume “facts” if you do NOT have personal knowledge of the underlying situation.
Also, someone telling you something does not make it a fact within your personal knowledge, even if they seem like they are telling the truth.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you to stick to the facts, just the facts.
You MUST Prove Your Case.
Just because someone files something in Court does not make it so.
Allegations must be proven, by a preponderance of the evidence, meaning more likely than not, or by clear and convincing evidence, which is a much higher burden.
Filing papers is the easy part. Making wild accusations takes little effort. Backing up your claims with corroborating testimony, physical evidence or other support is the hard part.
Before you make a claim think about how you will prove it. Are there witnesses, recordings, photographs, videos, incident reports, police reports, documents or other evidence? If not, perhaps you need to rethink your claim. You may lose credibility with the Court.
Matthew Thompson is a Family Law attorney and warns you that crying wolf may lead to you getting the result you deserve.
Just Apologize.
Pride goes before the fall…Proverbs 16:18
In life it can be hard to say “I’m sorry,” but those two little words may save a pile of trouble. We’ve all seen prominent, public figures suffer dramatic falls, all seemingly snowballing from a refusal to apologize. It seems sometimes the trouble starts out small and grows bigger as we try to deflect, blame or hide our actions and point the fingers at others.
Perhaps, it is better to look in the mirror and point the finger.
Say “I’m sorry.” What’s the worst that could happen?
Matthew Thompson is a Family Law Attorney and is amazed at the lengths that some will go to not apologize.
When Court Doesn’t Go your Way…
Sometimes Court doesn’t go your way.
Judges make mistakes, witnesses remember it wrong and you may ask for improper relief. But, all is not lost. You have options.
Motion for New Trial. This motion, sometimes referred to as a motion for reconsideration, can provide an avenue for the Judge to correct the mistake. They must be filed within 10 days of the Final Judgment and they are not for a do-over, but to correct a clear error of law or fact.
Appeal. You may appeal any Final Judgment. You have 30 days to do so from the final ruling and if you do a timely Motion for New Trial it resets the appeal clock. Appeals can be cumbersome and daunting. These are to the appellate court, not the Court that decided your case. However, an appeal is based on what happened below, the trial record. It’s not for new happenings.
Modification. Even though your judgment may be final, certain aspects are always modifiable. Custody, support, visitation and certain other payments may be changed by the Court if circumstances warrant it.
Matthew Thompson is a Divorce and Appeals lawyer in Mississippi.
She’s Your Ex, not mine.
“The poison ivy of people are ex spouses.” -Matthew Thompson
Exes can irritate, inflame, and annoy regardless of the season. Exes can make life difficult and uncomfortable. Exes can also cause a reaction that is not good.
I was meeting with a divorcee and their new spouse. We were discussing some issues about the ex and the best way to address it. The new spouse made the comment “She’s your ex, not mine.” This was a profound comment. It was not shirking responsibility or even placing blame. It was a statement that you, as the former spouse, need to address issues head-on and in an adult like manner.
Novel thought. Act like an adult. All too often, I see ex spouses acting like everything but adults. Petty arguments, meaningless games of one-upping the other and a general lack of care for the ex spouse can serve to harm the child. These are bad. Don’t do these things.
Act like an adult.
Matthew Thompson is a Child Custody attorney and encourages ex spouses to act like adults.
Happy Father’s Day!
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