Category Archives: General Legal

Divorce, General Legal

We’ll See What the Judge has to say About That…

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“We’ll just let the Judge decide…”

The Judge.  The (near) Final Ruler on all legal disputes that cannot be resolved otherwise.  There is likely not a more misunderstood and much maligned position. Judges are expected to know-it-all and get it right every time, all the while without acting like a know-it-all. Judges have multiple roles in hearings and trials. Judges have these tasks, among others;

  • Determines whether the correct legal procedures were followed.
  • Determines to some extent the procedures for conducting the Court Room.
  • Determines the witness’ credibility- whether they are truthful or not.
  • Determines the admissibility of evidence and the weight it should be given.
  • Whether an attorney’s stated objection to something being introduced or considered is legally proper.
  • Whether there is a reason to overrule said objection.
  • How a witness is treated by the opposing attorney.
  • How the attorneys treat one another.
  • Maintaining Order among the chaos that the stress, anxiety and emotion that Court brings out of people.

Judges have a large responsibility and the buck stops with them (…mostly, though Appellate relief may be possible).  Judges are also human (mostly, I think) and have to adjudge your case based on snap shots presented.  Your attorney and your side put a smiley face on your case and a frowny face on the other and the other side does the opposite.  The Judge, after a relatively short amount of time, will then make a decision that could very well impact you for the next 20 years or the rest of your life.

Judges try to get it right and are bound to base their rulings on the law as it currently reads applied to the admitted facts and evidence presented.  Their decision cannot be based on things not “of record,” meaning facts or evidence not introduced, nor can the Judge do what they or you think the law should be, but rather must apply the law as it is.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and like the old saying goes,”A Good Lawyer knows the law, a Great Lawyer knows the Judge!”

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

 

Child Custody, General Legal, Modifications

Don’t Wait 2 Years.

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All too often I hear from a potential client months or years after an event that they NOW want to use as the basis for a significant change.

The call comes in and goes something like this;

Potential Client:  My ex took our child, moved to California and did not tell me.  She can’t do that, right?  What can I do about it?

Lawyer:  What was the custody arrangement and when was the move?

PC:  She had physical custody and moved 2 years ago.

Lawyer:  What have you done the last 2 years? Have you seen the child?

PC: Oh, I’ve seen her some, around the holidays and the summers, but now I want custody.

Lawyer:  Is the mom unfit? Is the child in danger or trouble?

PC: No, but she took her out of state. That’s kidnapping, right?

It’s not kidnapping and the move will likely not serve as the basis for a custody change with nothing more.  Also, your failure to act in a timely manner will be used against you.  Even though you did not “agree” you’re conduct showed you “acquiesced.”  Acquiesce means to “agree” by being silent or by not taking action immediately, objecting to the change.

It’s not just in Custody matters either.  Marital fault, financial shenanigans and other improper conduct is lessened with time.

Matthew Thompson is a Mississippi Child Custody Law attorney and advises Don’t Delay, Call Today!

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

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Divorce, General Legal, Opinion

Leave Your Guns at Home…

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No.  This is not anti-open carry, which Mississippi allows by the way.  This is about what not to take to Court.

Courthouses are upping safety measures.  As you can imagine, high emotion, high drama and looming consequences are involved in cases daily.  Because of this, safeguards have been and are being implemented throughout Courthouses.  Metal detectors, handhelds, bag searches are routine.  Litigants routinely have to hike back to the car to put up their purses and phones.

Here’s What You Don’t Take to Court:

  • Any weapon. No guns, knives, clubs, mace, etc… if it’s “evidence” let the lawyer deal with it.
  • Cell phone.  The bane of the Judge’s existence these days, most are prohibited by the Court and a few Courts even disallow the lawyers from having cell phones. Very frustrating.
  • Purse. Yes, they are apparently just a large assault bags, full of narcotics and recording devices.
  • Recording Devices.  There’s a Court reporter, unless you have specific permission having a recording device may well get you in trouble.
  • Drinks.  This is elementary.
  • Gum.  This is kindergarten.
  • Your girlfriend.  She will just anger the wife and the judge. No good comes from this.

Matthew Thompson is a Mississippi Family Law attorney and as Johnny Cash sang, “Don’t take your guns to town.”

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

General Legal, Opinion

Vote Early (and vote often…)

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There is a run-off on June 24, 2014.   Up for election are Senators Cochran (U.S.) and McDaniel (State), both vying for the Republican nod for this fall’s U.S. Senate seat and locally, Ronny Lott vs. David Overby for the Madison County Chancery Clerk position.

This election takes place during the Mississippi Bar Convention, which is an annual Lawyer’s meeting.  Mississippi lawyers bone up on recent changes in the law and earn their Continuing Legal Education (CLE) hours and ethics requirements to keep a valid, current law license.

So, if you are going to the bar convention be sure to vote absentee ballot between now and Saturday at noon.  You can vote at your local circuit clerk’s office, M-F 8-5 and Saturday 8-12 noon.  After that you’re out of luck.

Vote early, and as the saying goes…vote often.

Matthew Thompson is a Mississippi Family Law attorney and is voting in the forthcoming election.

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

 

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

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Can you afford an attorney?  More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have.  In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you.  This is a common misconception.  In the Criminal arena you do have the right to an attorney.  While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do?  If you really have no money there are 3 great resources for Civil Litigants.

  • Mississippi Volunteer Lawyers Project.  MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
  • Phone: 601-960-9577      Fax: 601-944-9678     Email: mvlp@mvlp.org           Jackson Office.
  • Mississippi Center for Legal Services.  Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
  • Contact the State-wide Intake Hotline at 1-800-498-1804
  • Mission First Legal Aid.  Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and  Debt,  but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
  • Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

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

 

Divorce, General Legal, Opinion

Signs of an Unreasonable Client…

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Does your lawyer avoid you like the plague, saying he’s  in “Court,” or she’s in depositions? Maybe they are, or maybe you are an unreasonable client!

Signs of an Unreasonable client:

  • You want it yesterday. (Most things are not emergencies and even the basics take time to get right.  Allow adequate time.)
  • You want it your way. (This is not Burger King.  Usually, doing it your way leads to the mess that you are now in.)
  • You do not heed advice.  (Similar to wanting it your way, you ignore instructions such as “DO NOT COMMUNICATE WITH HIM IN ANY MANNER WHATSOEVER!” and then you call, text, email and send smoke signals and a fight ensues.)
  • You blame the messenger.  (A lot of times attorneys have to deliver crummy news due to bad circumstances.  It’s is not because we want you to suffer, but it is because that is the way it is.)
  • You think everything is an EMERGENCY. (It’s not.)
  • You want something for nothing. (You may well get what you pay for.)
  • You paid last year and think they owe you.  (That was a year ago. See You want something for nothing.)
  • You call the office, leave a message, call the cell phone, leave a message, send 2 texts, send 1 email, and call the paralegal all within 3 minutes and it is NOT an emergency.  (This is wholly unnecessary.)

Matthew Thompson is a Mississippi Divorce attorney and knows a thing or two about unreasonable clients.  If you identify with 2 or more of the above you may well be an Unreasonable Client, see your lawyer at their next available appointment for treatment.

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

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Child Custody, Child Support, General Legal, Visitation

Why a Lawyer Does NOT Call You Back.

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It’s just a “…quick question.  Just one question. Does the father of my baby have any rights and will I get in trouble if…”

We all get them. A voice-mail left in the inbox, an email or a comment/question on the website.  The problem is answering just one question could very well be considered rendering legal advice.  Upon that being done, a lawyer’s responsibility can grow exponentially. Huh?

You call and say;

“this is Miranda. I just want to know if Ricky can see my baby and if I’ll get in trouble if I don’t let him.  We went to court some years ago and the judge said he had to pay but that I had custody…”

There is no way to answer the above adequately without more information.

  • What did the Order state?
  • Who has legal custody?
  • Who has physical custody?
  • Does he have visitation?
  • Why are you refusing?
  • Is he dangerous?
  • What was he ordered to pay?
  • Is he in arrears?

Without more information any answer is dangerous and could very likely be wrong.  And once you’ve relied upon it and then sued over it you say, “Well, Lawyer so-and-so told me to do “x.”

That is why lawyers do not call you back when you are not a client. (When you are a client and don’t get a call back is another story entirely, and a blog for another day.)

Matthew Thompson is a family law attorney and sometimes cannot respond to the comments and questions left on this site because of lack of information.  Additionally, if you do not include a means to contact you directly the only way to respond is through a public posting which would require disclosing your information which is generally not appropriate.

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

General Legal, Opinion

How to Diffuse an Atomic Neighbor.

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Citizens Arrest! Citizens Arrest!

The other day I was pulled over in my neighborhood.  Not by the police, but by a “concerned septuagenarian.”  In my neighborhood there is a round-about.  The car attempting to enter should yield to those in the round-about.  However, this particular car treated the round-about more akin to a 4-way stop, or at least a 4-way yield.  I had just voted, was in a hurry and could not be late for my 6-year old’s swimming lessons. Serious stuff.

I eased through the round-about and continued on my merry way.  As I approached my destination there was construction traffic. I decided to avoid said traffic and in doing so was “caught.”  The concerned citizen stopped behind me and I graciously waved her around.  She did not budge. I waved again and mouthed “You may go around” and smiled.  She stopped next to my passenger window.  She had on dark, huge sunglasses. Bumblebee Glasses as it were.  She had a long, skinny cigarette protruding from her mouth.  Her car make? Buick. Her mood? Foul.

She stated that she had the right-of-way and that I should have yielded and that the speed limit was 25 and that I was most assuredly going faster than that.  I was a little surprised by her comments.  It took a second for me to process what she was saying.  It was not a close call at the round-about.  I did not cut her off, in fact I didn’t impede her forward progress in any fashion whatsoever.  It was not  obvious driver error, at least to me.

I thought of all the responses I could have made.  I thought about being defensive or dismissive or worse. I wondered how she even saw me while she was wearing those huge, elliptical goggles she had for sunglasses. I thought of how bad smoking is, that it causes cancer and that one can also be cited for driving too slow and impeding the flow of traffic. Instead…

I said,”You are right. I am sorry.  Thank you for calling me on it and it will not happen again.”

She was taken aback.  She was geared up for a fight.  She then asked me if I was lost.  I said “No ma’am, have a nice day.”  Fortunately, there was no arrest nor incident report.  She went her way and I went mine.  Sometimes, “You are right and I am sorry” is the best response.

Matthew Thompson is a Divorce Attorney in Mississippi cautions all drivers to drive defensively.

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