Category Archives: General Legal

Why Do I Need a Private Investigator?

Private Investigation is not as glamorous, or as easy, as you think it is…

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Why should I get a P.I.?

They know what they are doing. (usually)

They are good at what they do. (usually)

They are professional, will document their efforts and testify in Court.

They can be objective and unemotional about your circumstances.

They aim to satisfy as they care about their reputation.

Why doing it myself is a bad idea?

You do NOT know what you are doing.  (Watching old reruns of Magnum PI does not qualify you for the job)

You are NOT good at it.  You will get caught following too closely, spotted watching them, seen taking an obvious picture, or will lose them in the crowd.

You’re efforts will be viewed as biased. (of course you will say you saw him cheating, you’re trying to get a divorce!)

You CANNOT be objective nor unemotional. (the desire to confront her will be almost unbearable)

You do not care what anybody thinks!!  (He’s a perv!!)

Read more on what a Private Investigator needs from you.

Matthew Thompson is a family law attorney and has seen the P.I. at the restaurant, “on the clock” and knew NOT to say hello!

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.

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Testimony in Court; Answering Yes or No.

Testimony is nerve-wracking, but it doesn’t have to be that hard.

Courtroom sketch: Wired.com / Norman Quebedeau

A witness’s job is to tell the truth and answer the question asked.  It is not to guess, to anticipate, to make-up, or change the story.

Judges routinely get irritated with a witness when asked a “Yes or No” question , but the answer begins with, “You see, what had happened was…”

There are 2 different sets of Rules when testifying.

1) You are called by your attorney or are a “friendly” witness. Under these circumstances you may not be asked yes or no questions of material importance. If you are, the other side may object due to “leading.”  That is asking a question which suggest the answer.

Lawyer 1: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 2: Objection. Leading.

Judge: Sustained. Don’t lead your witness.

Lawyer 1: (asked one at a time)How do you know Jimmy? How do you know Jane? On what occasions, if any, have you seen them together?

2) When you are called by the adverse lawyer or are deemed a “hostile witness” then the questioning attorney may use leading questions.

Lawyer 2: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 1: Objection. Leading.

Judge: He’s on Cross Examination. The witness may answer.

Witness: Yes. (explain if allowed)

If the question can be answered with a Yes or a No, then you as a witness need to answer Yes or No. The Court will allow you to explain your answer, if necessary.

Matthew Thompson is a family law attorney in Mississippi and can handle the truth.

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.

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Purse Packin’, Mississippi’s Evolving Law on Carrying a Firearm

Mississippi Law requires a license to carry a concealed weapon under most circumstances. However, a proposed change in the law will allow for carrying a pistol or revolver in your handbag. No license needed.

SENATE BILL NO. 2394 holds, in part

“No license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag,  satchel, other similar bag or briefcase or fully enclosed case.”

The proposed legislation also decreases the fee for a concealed carry license from $100 to $80.

This change in the law  is consistent with Mississippi’s prior gun law legislation.  Many anti-gun voices predicted Mississippi going the way of the “Wild West” when “Open Carry” was defined in the law. These fears were unfounded.  This change, too, will not lead to shoot outs at the OK Corral, but rather serve to allow persons to protect themselves easier and, perhaps, cause a criminal to reconsider their target…

Mississippians, as a whole, believe in responsible gun ownership and the law (MS Gun Law Q/A)  & (101) is just now catching up with those beliefs.

Matthew Thompson is a family law attorney and supports responsible gun ownership.

Follow the blog: BowTieLawyer 

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FaceBook, At Your Service; How You May be Able to use FB to Serve Your Spouse

FaceBook is not just for stalking your ex anymore…

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A New York Court has authorized a Divorce litigant to attempt service on her hopefully, soon-to-be-ex via FaceBook.

This is unusual because under normal circumstances “personal service of process” is required.  That is, the filed divorce papers are required to be handed to your spouse by a non-party, non-attorney for the parties. The rules do provide for service by publication when you do not know where the other party is, but you have to attest to having made a diligent search and inquiry into their whereabouts.

This case is unique in that the Wife does not know where the Husband is, but knows that he is an active user of FaceBook. The Court has determined that service through FaceBook may be proper.

This does not mean that sending your ex a FB message is valid service, however.  Please consult your experienced family law attorney for rules on service and any additional questions.

Matthew Thompson is a  Family Law Attorney and read here for what NOT to do on FaceBook.

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

 

Prayers and Condolences

The Mississippi legal community is in shock.

 

A well-respected Judge has passed recently, abruptly and prematurely.

Judge Dan Fairly was a Judge that tried to live up to his name. He tried to be a “fair” Judge.  Many loved and admired him. Some on the opposite end of his rulings did not.

Regardless of your personal feelings it is a tragedy. He will be missed.

Thoughts and prayers for Judge Fairly, his family and those whose life was impacted by him.

Matthew Thompson

Family Law and Common Sense Tip of the Day: Don’t Do on Video That Which You do NOT Want to See Again in Court.

One way to ensure that a video of you does NOT go viral is to NOT do things that are being recorded on video.

Whether you’re dealing with a Family Law matter or just  hanging out with your friends, don’t do things  that you do not want to see again.

A recent video has gone viral of a UM college student being disgusting at Spring Break. It hearkens back to an Ozzie Osbourne stunt except this time it involved a hamster.

Sometimes we get caught up in the excitement of a new relationship or being around friends and do things we regret. Sometimes mind-altering substances loosen inhibitions. With a video camera being on nearly every cell phone, these days you cannot afford to lose your inhibitions and act foolish.

Matthew Thompson is a  Family Law Attorney and advises potential clients that if your Mother or a Judge would be ashamed of what you are doing, do something else, and for the love of Pete don’t video it!

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

Cutting You with a Gamma Knife; Dan Jones, Ole Miss, IHL and why you should care.

You would have had to have been under a rock, or just busy trying to work and make a living to have missed the news that has sent tremors through Oxford and the School up North.

http://bme240.eng.uci.edu/students/07s/sosechinskiy/GammaKnife.html

The Mississippi college board, known as the Mississippi Institutions for Higher Learning (IHL) has erupted in psuedo-scandal when the decision was made to not renew Dan Jones’ contract to be the continuing Chancellor of Ole Miss, and thereby overseer of the Medical School.

The brouhaha centers around his management of contracts that relate to UMMC and his lack of getting IHL approval of certain contracts.  It seems that personality conflicts have as much to do with the issues as it relates to “sloppy” contract oversight.

What seems undisputed is that no tax payer dollars were misappropriated and there was no self or backdoor dealings .

Conspiracy theories abound as to “Why?” Do Hank Bounds and Dan Jones hate each other?  Did Governor Phil Bryant want him out? Is Haley Barbour behind the scenes pulling strings?  The so-far-unanswered question is what is the real story.  Contract issues? Political favors? Or, is it the Gamma Knife?

The Gamma Knife is a $5 Million Dollar, stereotactic radiosurgical instrument that shoots 192 beams of cobalt-60 radiation, with pinpoint precision at brain tumors.  The med school bought one a few years back.  It turns out the space allotted for the Gamma Knife is not appropriate.  Essentially it will not fit through the door and the floor is not strong enough to support its weight.  So the Gamma Knife has been in the broom closet for 2 years. But, that’s not the whole story.  The Gamma Knife has also been the subject of litigation.  Another competitor with a Gamma Knife said that UMMC needed a Certificate of Need to get one and so they should be prohibited from using it.  This resulted in litigation which led to the Gamma Knife being sheathed, pending the litigation.  Ultimately, UMMC prevailed.

So what is the solution?  Regardless of the motives, the IHL’s own admission is that Dan Jones did not misappropriate any monies.  The mistakes were due to the mountains of contracts and the inefficiency of the school’s systems and procedures to manage those contracts at the time. All of which are fixed.  The Solution is for the IHL board to say it acted in haste, acting upon the best information available at the time and that upon further investigation that Mississippi is best served by Dan Jones carrying on. Dan Jones needs to take some heat for past inefficient handling of contracts and a promise to do right in the future.

Can this be done? Who knows? Are politics at play or is this really about contracts and following the rules? Why do you care? We care because “Did MS oust a good leader over politics?” Or is the IHL being the “watchdog” they portend to be?

Matthew Thompson is a Divorce Attorney and usually sticks to article about Family Law, but when given the opportunity to write about Gamma Knives, always takes a cut at it.  Watch Out! Or, Dan Jones might cut you with his Gamma Knife. 

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

Attorneys are Like Used Cars

Used car salesmen, stock brokers and door-to-door salespersons have tough reputations, at least the internet says so.

Well, what about attorneys? Lawyers represent the 4th highest rank of depression for any given career.  Attorneys are like used cars.  Some are shiny and look great on the outside, but are held together with JB Weld and duct tape on the inside.  Some look rough and haggard, but can get the job done in an economical fashion.  Some are much more expensive than necessary, but it’s your choice.  Some are just not equipped to get the job done.  Given this, how do you know what you are getting?

  • Ask.  Ask your friends, family and neighbors who they used? How was their experience?
  • Inspect.  You interview the lawyer as much as they interview you. Can they explain the law in terms you understand?
  • Listen.  Are they telling you just what you want to hear?

As Forrest Gump said, “You never know what you are going to get.” But, with a little homework and due diligence you can avoid getting a lemon.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the Lemon Lawyer.

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