Category Archives: General Legal

Chancery Judge Campaign in Full Swing.

Madison, Yazoo, Leake and Holmes Counties will be getting a new Chancery Judge in the November 4, 2014, election.

A Chancery Judge hears matters involving wills and estates, child support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Why should you care?  Because this will be your judge if you find yourself in Court and it’s not due to a criminal case, a car wreck or an unpaid bill.

Who are the Candidates?

Bluntson has practiced law in Mississippi for the past 20 years.  She began her legal career in 1994 as a staff attorney for Mississippi Child Support.  Thereafter, she opened her private law firm where she handled divorces, child support, child custody and wills & estates cases.  A few years after the death of her husband, Barbara Ann was hired by the City of Jackson as the Chief City Prosecutor.  She maintained that position for 10 years.  As city prosecutor, Barbara Ann and her staff prosecuted in excess of 8,000 misdemeanor cases per year.  She also assisted domestic violence victims with Petitions for Protective Orders when they were filed in municipal court.  Barbara Ann currently serves as Deputy City Attorney for the City of Jackson and City Prosecutor for the City of Durant.  She is also a certified Family Law Mediator.

Clark is running for Chancery Judge because he believes the citizens of the 11th Chancery District would benefit from his experience, skills and proven record of serving the public in the district; as an Attorney, Municipal Judge and Youth Court Judge.  He has represented the citizens of the district in Chancery Court handling all types of cases. He touts that he is the only candidate that was born, raised and practiced law in District 11, Sub-district 1.  If elected Judge he promises to work daily to be fair and impartial judge who demonstrates sound judgement and run an efficient court.

Each name above is clickable, directing you to their election site as well as their FaceBook page.  Do your research, pick a candidate and vote!

Matthew Thompson is a Child Custody and Family Law Attorney and handles cases in Chancery Courts throughout 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

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LET it GO! Disney on Divorce.

You’ve heard of Disney on Ice, well, this is Disney on Divorce…

Let it go, let it go!
Can’t hold it back any more.
Let it go, let it go!
Turn away and slam the door.
I don’t care what they’re going to say…


Idina Menzel – (Disney’s Frozen) Let It Go

Let it Go is quite possibly the best advice Walt Disney has on Divorce.

Divorce is hard. It’s emotional. It’s never-ending with respect to still having to co-exist, co-parent and cooperate with your ex, at least with regards to children.  There are hard feelings, feelings of regret, anger and resentment. Let it Go.

He’s a jerk.  Let it Go.

She’s mean. Let it Go.

You were wronged in ways you can never forget. Let it Go.

Don’t let that anger, resentment, sabotage, and ill-will consume you. Let it Go.

Matthew Thompson is a Child Custody and Family Law Attorney in the Hospitality State (MS) and encourages you to Let it Go.

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

 

The BEST 2 Rules for Handling your Divorce Case; Don’t Threaten and Don’t Bluff.

2 Rules in Family Law and Negotiations to live by involve messing with the bull.

Frank Evans, Matador

#1 Don’t Threaten.  Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place.  Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.

#2 Don’t Bluff.  Bluffing and getting called on it shows weakness, lack of nerve and gumption.  Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.

So if we cannot threaten and cannot bluff what do we do?

#1  Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation.  Do not threaten action.  Take action.

#2  Do it.  Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.

Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…

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

 

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

“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

 

Don’t Wait 2 Years.

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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Leave Your Guns at Home…

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

Vote Early (and vote often…)

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

 

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

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