Category Archives: General Legal

Happy “Love Your Lawyer Day!”

Yes, it’s a “real” day.

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Love Your Lawyer Day is the one day a year that Lawyers can legally and safely be shown gratitude. The day, which has existed for years, but just this year was recognized by the ABA, is a day to celebrate the good things lawyers do.

To help celebrate the day, persons are to abstain from lawyer jokes and if any are uttered a $20.00 donation should be made to a reputable charity of the offender’s choice.

I was going to blog about the MS Supreme Court, months later, acknowledging the U.S. Supreme Court’s ruling in Obergefell. I’ll do that next week.

So, thank you, Lawyers. I truly believe most are good and are trying to help. To those Lawyers who are not and do not, it’s not too late to turn.

#LoveYourLawyerDay #BowTieLawyerMS

Matthew Thompson is a Family Law Attorney in Mississippi and it is hard for others to show the love in Family Law.

How to Contact Your Attorney.

With technology today we expect instant access. However, it is not always practical.

Emails, texts, Instant Messenger, FaceBook Messenger, office phone, cell phone, letter, fax, carrier pigeon or smoke signals are the myriad of ways you have to contact an attorney, but all are not equal and all are not best.

  1. Office phone, during business hours is the best way. It is usually staffed, usually answered and usually responded to if a message is left. If a reasonable period of time has elapsed call again. 
  2. Office email.  Likely will get a canned response to call the office number and the heads up to the receptionist/call screener to be expecting the call. 
  3. Cell phone. You’ve called the office, you’ve emailed and need to get a warm body.  If you have a cell call it. Leave a message and a return number and a good time to call back.  Most attorneys guard their cell number like Fort Knox. Mine is on my business card. 
  4. Other Methods. The last option is the other ways to contact. These means are not secure. FB messenger does not ensure confidentiality. 

Matthew Thompson is a Family Law Attorney and is awaiting your call. (601) 850-8000

  

What NOT to bring to the Attorney’s Office…

The initial appointment with the lawyer is always nerve-wracking.

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You should be prepared and be on time. Bring financial records, receipts, tax returns, screen shots of texts, phone records, and recordings.  Bring yourself, perhaps a trusted friend or family member, a form of payment and even an internet-provided checklist of what to ask the attorney.

However, unless requested otherwise, do not bring….

  • Do not bring your Child. It’s not appropriate.
  • Do not bring your Spouse.
  • Do not bring 5 banker’s boxes of information. It’s too much.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not bring these things to you first appointment.

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

When is Perjury allowed?!?

I hear this often. “I don’t lie to my kids.”

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This is said shortly after one party disclosed the dirty details to the child regarding the other parent.  Followed by the statement, “they have the right to know.”

  1. They do not have the Right nor need to Know.
  2. This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?”  My response?  “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds.  You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

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

When “NO FAULT” becomes “YO’ FAULT”

While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce.  (commonly referred to as “No Fault”)

However, sometimes that agreement to a No Fault divorce doesn’t stick.  The parties, after getting over the initial shock of divorce, decide they will be adults and agree.  They think they can agree to the divorce and resolve their differences.   After all, they did manage to get along for most of 9 years, have two kids and bought a house.  What could go wrong?   They even searched online and looked at divorceyourself.com.

The No Fault agreement gets derailed when the Husband realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. He realizes it’s a lot of money. The Wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21 in Mississippi.  They don’t know the types of custody, or what each type means.  They agree to things that they cannot legally agree  to and fail to consider the consequences.

Finally, one party is convinced to see an attorney  and when they do they realize the consequences of what they were about to agree to and back out, the other side becomes angry and un-agrees too.  All of a sudden a simple divorce becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault? Have an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s fault.

Follow the blog: BowTieLawyer    

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The Hardest Advice to Take is…

I give advice everyday. Actually, I sell advice. 

 
Routinely, what I tell people is common sense. It’s the same advice your wise parent or grandparent would give you, but often it’s hard advice to follow. 

I’ve counseled persons to stop doing things that are harmful to themselves and their case. Don’t hang out with the shady crowd. Stop using alcohol if you have alcohol problems. Start going to church or stop doing things you shouldn’t be doing.  I tell people what they don’t want to hear. 

The hardest advice to take is to stop doing whatever lead to the circumstance where you needed legal help. 

www.bowtielawyer.ms

Testifying in Court; Where Saying Too Much Will be Used Against you.

If you or I answered questions in Court like any politician we might be held in contempt.

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In Court, witnesses must answer the question asked.  Usually the answer will be “yes” or “no,” and then an explanation may be offered if necessary.   This can be very difficult to do and it takes practice to get this right.

Not answering the question  with a “yes” or “no,” and not answering what was asked may result in the Court concluding you are being deceptive.  This is not an impression you want to create.

As a witness, however, you only want to answer the question asked. Do not answer what is not asked and do not offer more than what is asked.  The best example I can think of is when a party was asked if they had committed an affair with “Mary” since the separation.

The answer, “I have not committed an affair with ‘Mary’…since the separation.”  There was an awkward pause.  The awkward pause resulted in the follow-up question of when did you commit your affair with Mary.  The party told on himself by not just saying “No” which would have been a completely truthful answer to the question asked.

Matthew Thompson is a Family Law attorney and warns witnesses to answer “yes” or “no,” explain if necessary, and sometimes less is more.

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

 

Don’ t Pull Tricks

Lawyers have a bad reputation. Some deservedly so.

But a good rule of thumb is to not pull tricks.

I was representing a client when they called in a panic around noon during the week. The alarm was going off at the house.  I told them to call the police and go check on the house.

The police responded and cleared the home. Upon inspection, my client discovered the back door was kicked in, the phone lines cut and just about everything that could be moved was, including the dishwasher.

The client called me asking if she should report a robbery.  So, dear reader, you are wondering why is this client calling me? Well, just a few days prior the client’s spouse was served with a complaint for divorce and a request for temporary relief. I informed my client that she had in fact not been “robbed,” but that her husband had hired a local attorney. She asked me if that attorney had called or filed something. No. I could tell by her spouse’s actions who he had hired.

It was discouraging and disheartening, but alas, apparently not illegal.  However, we had a temporary hearing soon thereafter and everything taken that should not have been had to be returned and the damages caused and expenses related to his conduct were reimbursed. It gave no tactical advantage and made the other client and opposing lawyer look like jerks in front of the judge.

Similarly, clients have the option of pulling tricks. Misrepresenting the facts, creating circumstances that make the other party look bad and knowing the other’s dirt may allow for a temporary advantage that could backfire. Also, if you know it’s bad advice, you don’t have to take it.

Matthew Thompson is a Family Law attorney and strives to give good advice and not pull dirty tricks.

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@wmtlawfirm.com.

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