Category Archives: General Legal

General Legal, Opinion

Pet Peeve of the Day: One Word Responses!

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“Yep,” “Ok” and the never welcomed “K.”

We’ve all done it and have all received it more than we’ve done it. (Not sure why that’s so…) But, the one word responses to texts and emails are frustrating and time wasters.  Sure under the guise of “receipt confirmation” we justify it, but it is really not necessary.  The Clarion Ledger has a “Business Leaders from Mississippi” section in the paper weekly. Tips from the pros, as it were.  One tip in particular, or frustration rather, was the time wasted in receiving and reviewing one word responses, via Joel Bomgar.  Bomgar is the brains behind the Bomgar Representative Console, technology that allows for access and control of systems and devices remotely, including personal computers, smartphones, tablets, servers, switches, among other devices.

About the only time one word responses are acceptable is during testimony.

Q: Are you married to Timmy?

A: Yes.

Q: Do you want a divorce from Timmy?

A: Yes.

One word responses are an irritant and usually not necessary. Use them sparingly, if at all.  K?

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

The Court Stands in Recess!

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#bowtielawyerms

General Legal, Opinion

Madison Chancery Clerk Race Heating Up

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On June 3 Madison Countians will elect a new Chancery Clerk.

Vote June 3

 

 

 

 

The Chancery Clerk acts as the county auditor, treasurer and assists the Board of Supervisors. The Chancery Clerk’s duties also include Clerk of the Chancery Court and Custodian of Public Land Records.  The Clerk is ultimately responsible for the filing of Court pleadings and land records and it is a big job.  It also includes testifying in Court on occasion and being financially accountable to the County, litigants and the Court.

The scuttlebutt is that someone in the clerk’s office ran a number of background checks on Ronny Lott.  This is newsworthy because candidate Irby Ford is currently employed by Madison County and works in the assessors office.  Ford denied being responsible or knowing about the searches, which was apparently true.  No searches were conducted regarding Ford or Overby.

Three candidates are vying for the position.

David Overby

  • Currently serves as a committee member on the Metropolitan Planning Organization
  • Member of the Government Finance Officers Association
  • Served 12 years as the City Clerk in Ridgeland
  • Served as County Administrator in Madison
  • Recently appointed Finance Manager at the City of Canton
  • Worked in public accounting for 20 years auditing business and governments and providing financial and business management consulting

Ronny Lott

  • Led the fight that reduced property taxes.
  • Driving force behind settlement of wasteful $6 million dollar MDOT lawsuit.
  • Opposed all proposals to increase property taxes.
  • 100% voting record in support of education and law enforcement.
  • Helped create business-friendly environment for creation of new jobs.
  • Opposed unnecessary third landfill.
  • Perfect attendance at meetings of the Board of Supervisors regularly scheduled.

Irby Ford

  • 28 years as a Deputy Tax Assessor and Department Head over the Mapping Division with the Madison County Tax Assessors Office.
  • State Certified Appraiser (Mississippi State University).
  • Missisippi Assessment Evaluator, MAE (State Bureau of revenue).
  • Associate of Applied Science Degree (Holmes Community College).
  • Certificate of Educational Recognition. (International Association of Assessing Officers).
  • Cadastral Mapping Specialist (IAAO) Note: One of only two in the state of Missisippi to receive this international professional designation.

Click on the candidates names for their websites and bios.  Be informed, educate yourself and vote.  This vote matters.

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

Recording the Police (and this has nothing to do with Sting)

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“It is perfectly legal to record on-duty police in every state in the country. That includes states that require all parties to a conversation to consent in order for that conversation to be recorded. Those laws all also contain a provision that the non-consenting party has a reasonable expectation of privacy. So far, every court to rule on this issue has found that on-duty cops in public spaces have no expectation of privacy and that recording them is protected by the First Amendment. (The U.S. Supreme Court has yet to weigh in on the matter.) In nearly all cases, the charges are eventually dismissed…”

– Radley Balko, Washington Post, The Watch

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.  

Follow the blog:#BowTieLawyer

 You may also contact Matthew with your family law matter or question at (601) 850-8000

Crime, Divorce, General Legal

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

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“Monicagate, Lewinskygate, Tailgate, Sexgate, or Zippergate”

Whatever you call it, it’s the case that parsed words over what the definition of “is” is and put a focus on what is and is not sex-and ergo adultery.

Mississippi defines Adultery as uncondoned Sexual intercourse with a person of the opposite sex, not your spouse.  To be adultery you have to be legally married, then have  intercourse with a person, not your spouse, of the opposite sex, without permission of your spouse before or forgiveness of your spouse if after.  What a definition!

Uncondoned – is the part that requires it not be with permission or forgiveness, whether before or after.

Sexual Intercourse – is the part that requires sex, and what Bill Clinton based his testimony on.

Opposite sex – is the part which requires the other person be the opposite gender from the adulterer.  This one is interesting as technically speaking a same-sex rendezvous does not meet the definition of adultery, maybe for a number of reasons.

Not your spouse – is obvious.

A Valid marriage – usually obvious, but every now and again that issue comes up.  If you are not legally married, then it is not adultery.  Mississippi abolished common law marriage over 50 years ago.

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

Whether is means now or is mean was, consult an attorney if you find yourself in precarious or Lewinsky-like situations.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.  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 

Crime, Divorce, General Legal

Pleading the 5th in Divorce

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“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked.  The reason is divorce cases are civil matters, by their nature.  Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime.  Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless.  Due to this you may invoke the 5th. However, you have not outsmarted the system.  Pleading the 5th in a civil matter creates a presumption that you did what was asked.  Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney:  Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith:  I plead the 5th.

Attorney:  Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge:  Duly noted.

Why do it then?  The witness does not have to disclose  the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer 

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Divorce, General Legal

When to Have a “LIE” Ready to Go.

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It seems that in Family Law everybody lies…

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I have blogged on the Top 5 Lies of Divorce Clients, as well as It’s ok to Lie to your Children (sometimes). But, there are times where you should have a “lie” ready to go.

When are the Times When you NEED a Response Ready to Go?

  • When you are first meeting with the attorney and are not ready to disclose that to the other side.  Have a story ready. If you are a terrible liar also take a short shopping trip or have lunch with someone so you can truthfully say that is what you were doing.
  • When you are investigating/following/checking up on the other side.  Have a story ready for when you get spotted. I use several PIs for various aspects of what I do.  They always have a detailed, believable cover story ready to explain their presence.
  • When you are not ready to “Show your Cards.” The other side wants to create a ceiling for what you want out of the divorce and you are not ready to say what you want.  Have some response ready, however.

Should you lie? No.  Are there times when it is in your own best interest to do so? You better believe it! 

Matthew Thompson is a Family Law Attorney in Mississippi.  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, Divorce, General Legal, Opinion

Don’t Trash Your Ex Publicly.

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Sure they probably deserve it, but what is the old saying?

Never wrestle with a pig because YOU get dirty and the pig likes it. –

George Bernard Shaw

It is hard, sometimes seemingly impossible to pass up a good opportunity to besmirch the ex, however telling the Homeroom teacher you are unsure about how you are going to pay for Jr.’s field trip because his dad is a deadbeat isn’t right, especially when it’s not true.  The problem is, even when it is true, it is still NOT right.

Saying negative and hurtful things about the other parent always backfires.  In the day and age of twitter, FaceBook, texting and digital recorders- assume all conversations are heard, overheard, recorded and shared.  This means it gets back to the other parent, back to the kids and is as bad as the tattled-upon conduct.

Also, don’t assume your anonymous blog posting is really anonymous.  You have a unique ISP#, your online activity, site visits, time of the visit and duration of the visit are retrievable information.

Matthew Thompson is a Family Law Attorney in Mississippi and cautions you that if you would not say it your Mom, then you should not be saying it to someone else about your Ex.

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