Category Archives: General Legal

Child Custody, Child Support, Divorce, General Legal, Opinion

Why Going to Court is “BEST.”

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This post is advice rarely given or taken.  I have previously blogged on Why Settling Your Case is BEST!.  Settlement is usually BEST, but sometimes Court is inevitable…

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Why going to Court is Best, or the BEST alternative;

  • It allows you to tell your side of the story.
  • Somethings you CANNOT compromise on.
  • The Judge may be in the best position to hold someone accountable, who needs to be!

Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have.  Sometimes what you want and what a Judge can award are not congruent.  However, sometimes what the other side wants, a judge would not give them.  Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight.  Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.

Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.

You may contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal, Opinion

Attorney Stereotypes- Which One Are YOU?

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Let’s face it.  Attorneys are stereotyped.  Ambulance-chasers, Bulldogs, or Greedy are just some of the monikers that society gleefully attaches to lawyers.  Some are true and deserved.

However, lawyers also stereotype themselves.  Here are a few I have dealt with.

Holier Than Thou–  This lawyer is usually a young female lawyer who is equally showing how tough they are, but also reasonable.  They have never made a mistake and when they did it was not their fault.  This lawyer also ALWAYS has the innocent spouse.  The well-meaning, single mom just trying to make an honest living in this cruel, unfair world.  The Holier Than Thou attorney is so “sweet” on the phone they think they are being nice.  They are not.

Know It ALL–  This lawyer has never met a question that could not be answered and answered at length.  You seek a “yes” or “no” to a question and they give you an explanation that is mostly irrelevant and non-responsive.  When you ask again they get agitated with you for not listening.

Know-Nothing– This lawyer cannot be bothered with details.  Let’s throw it on the wall and see what sticks.  This is all fine and good when what you want and what they will agree to are similar.  This is a problem when parties’ needs are opposite.

Do Nothing – This lawyer is reactionary. Sometimes there is a good reason to react instead of blazing a trail which may be unnecessary.  However, if the Do Nothing creates problems for achieving results, it’s a problem.

Bull in the China Shop – This lawyer goes with the gusto.  If you can file it, file it. If it can be sued, sue.  Let the Judge sort it out. That’s why they are paid the big bucks, right? So what that you sued him for contempt for something he literally paid 2 years ago and has proof of.  What? Shown the cancelled check and your client’s signature on the cancelled check.  Well, there’s probably something he’s in contempt of anyway, right?

Sneaky Snake–  The sneaky snake is pleasant to talk to and fun to be around, but you cannot trust them or believe them. Don’t.  The Order is not in the mail, they are not calling you tomorrow, they will not Agree to a date certain even though they said they would.  Their client won’t “let” them.

So, which are you? Which am I?  What does the situation call for?  Some attorneys have a knack for being the chameleon, nice to you, mean to me, a great guy, a wonderful gal, as honest as the day is long and as crooked as a “j” hook.  There are many other stereotypes.  Stay tuned for more…

Matthew Thompson is a family law attorney and the best advice you can take away from this is know who you are dealing with, as best you can.

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

Divorce, General Legal

I Say, You Say, We All Say Hearsay

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Witness:  And then my neighbor said that he was f….

Lawyer:  Objection, your Honor. Hearsay.

Judge:  Sustained.  Don’t tell me what somebody said.

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Hearsay happens everyday.  Hearsay, by definition, is any out of Court statement used to prove the truth of the matter asserted.  Huh?  Yep, legal mumbo-jumbo. Think of hearsay as ANYTHING that is said outside of the Courtroom by ANYBODY.  It also includes writings, documents and many, many things, but that is a blog for another day.  Today it’s about testimony.

Most commonly hearsay occurs anytime a witness is telling their story.  It is very difficult to tell what happened and who did what without saying what was said.  This is very frustrating for witnesses, irritating for Judges and something a lot of attorneys woefully ill prepare for. If you are a witness testifying just know that you cannot say what somebody else said unless they are a party in the case.

So, when mom is testifying about how upset little johnny was when dad dropped him off late for the baseball game, but mom did not see it and was relying on the assistant coach telling her, she can’t say what the assistant coach told her. Either the assistant coach has to come testify or mom has to describe little johnny after the game.  “He came home sullen, eyes red, as if he’d been crying.”  Little Johnny told her what happened.  So she called dad. Now she can talk about the call with dad and who said what because they are the parties.  Confused yet?

Hearsay and testimony is something you need to practice handling with your attorney.  You may always describe what you did and said and this is the way around hearsay and/or having the other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody else said.

 You may  contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, General Legal

Open Carry Legal In Mississippi.

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It’s official. Mississippi is an Open Carry state.

Online pics of persons open-carrying look SO happy!

In an Order issued today by the Mississippi Supreme Court the gun law roller coaster has pulled into the station.

The bottom line was that the MS Supreme Court held that the Circuit Court erred when it ruled House Bill 2 was vague and therefore unconstitutional. The Court also stated it was error when the Circuit Court found a “reasonable person reading the bill could not discern what the law allows and what it prohibits.” The Supreme Court dissolved the Injunction which means that the State Law allowing Open Carry is valid, in place and is the law of the State.

You can read about the ups and downs of Mississippi Gun Law, Open Carry, & Concealed Carry in these links.

MS Gun Law 101

Open Carry in MS

MS Gun Law Update

Matthew Thompson is a family law attorney and encourages you to Carry Responsibly.

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

Divorce, General Legal, Opinion

Why I HATE Being a Lawyer.

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I don’t really hate being a lawyer.  Most days I enjoy it.  It can be rewarding emotionally, financially, even spiritually, but…

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being a lawyer has its downsides.

  1. For one, we have to deal with OTHER LAWYERS.  Other lawyers do things differently than you do them.  They are slow, they don’t do what they say they will, they tell you things that are just wrong and they give their clients crummy advice.
  2. All of our CLIENTS HAVE PROBLEMS.  That is why they are seeing you.  Lawyers purposely make other people’s problems their own!
  3. All Lawyers are NOT RICH.  What?!! They never told you that before law school.  Lawyers struggle to find their niche’, find their market and some just don’t like being lawyers.
  4. JUDGES.  Judges judge you.  They judge me.  That’s their job, but some let it go to their head.  A Judge’s attitude alone can make or break a Court experience, even with the same outcome.
  5. CHURCH COMMITTEES.  Being a lawyer gets you the hot seat for every church, social, civic and community committee in known existence.  You are automatically the chairperson and the questions never stop.
  6. DOCTORS.  Doctors don’t like lawyers.  Sure, I have some doctor friends, but I have to tell them that I DO NOT sue doctors. (That’s not entirely true, as I do sue doctors that cheat on their spouses…)
  7. We have to CHARGE $.  Lawyers cannot afford to take your case for free.  (see #3, above).  I tell potential clients that I cannot afford to do it for free and that if they find one that will you better watch out for getting what you “paid” for.  Most people deserve to have a lawyer. Most lawyers deserve to be paid.
  8. FRIENDS that just have 1) question. It will only take a minute…
  9. NOT KNOWING THE ANSWER.  Of course lawyers don’t know every answer to every possible question.  I tell people when I don’t know something.  Yes, I am still a lawyer.
  10. MANY CLIENTS.  To be a successful lawyer you must have clients.  Because of this you must have multiple clients.  The downside is sometimes a client, a person you genuinely care for and want to help, has to wait on you.  This is tough.  It is a balancing act.  You, as a lawyer, cannot be in 2 places at once.  Most clients understand. Some do not.

Matthew Thompson is a family law attorney in Mississippi and enjoys being a lawyer most days.

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@wmtlawfirm.com.

Divorce, General Legal, Marriage, Opinion

Red Flags of an Affair

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Warning signs to look for…

Warning signs that may show that your significant other may be seeing another!

  • A Secret Cell Phone.  They have a 2nd phone without a need or the other phone is secret.
  • Change in Attire.  The spouse is dressing in trendier clothes or “younger” or more “revealing” clothes.
  • New Undies.  Provocative undergarments appear that you don’t see in use.
  • Working out.  A sudden change in their workout regimen, without a scare from the Dr. and it’s not New Year’s Day.
  • Body Grooming.  Manscaping, or new cologne, perfumes, etc.
  • Body Augmentation.  Having lifts or lipos.
  • Longer Work Hours.  Having to work late, a lot more often, and out-of-town travel when they previously did not.
  • Unexplained Absences.  Going to the store for some milk and being gone 6 hours.
  • Bad On-Line Habits.  Surfing at all hours of the night, deleting the browser history.
  • FaceBooking Old Flames.

Matthew Thompson is a family law attorney in Mississippi and admits while these signs can certainly exist with nothing going on, that if 3 or more are happening Watch Out!

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@wmtlawfirm.com.

Child Custody, Child Support, General Legal, Modifications, Visitation

Emancipation Proclamation (Having minority status removed from a Child)

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Emancipation is the process of having a child, a person under 21 in Mississippi, “declared” an adult, removing their status as a minor.

Emancipation shall occur upon the child;

  • Attaining the age of 21 (unless agreed to extend, but not shorten)
  • Marrying
  • Joining the military and serving on a full-time basis
  • Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony

Other forms of Emancipation include Court-Ordered Emancipation when your child;

  • Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled
  • Voluntarily moves from the home of the custodial parent or guardian, and establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21)
  • Cohabits with another person without the approval of the parent obligated to pay support; “cohabits” generally means living together as if husband and wife.

Having a child emancipated ends child support obligations and ends the parents responsibilities for that child.  That child is now an adult, as far as the parent’s obligations go.

Emancipation may be sought for a variety of reasons.  The parent and child could have a bad relationship, the child may need to enter into a contract or may desire to make a medical decision contrary to the parent’s wishes.  Emancipation may be brought on by either parent and/or the child, through a next friend.

Matthew Thompson is a family law attorney in Mississippi and reminds you a minor is a minor in Mississippi until 21, not 18.

Follow the blog: BowTieLawyer 

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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Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications

Don’t Bring Your Child to the Meeting With the Divorce Attorney (Video)

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A prior blog brought to life!

Bring your complaints, questions and a financial statement. Don’t bring your child.

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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