Category Archives: General Legal

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

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