What’s the fastest way to have an unhappy client? Charge too much? Not return calls? No, the fastest way to have an unhappy client is to represent them for FREE.
What? We all love stuff that is FREE! This is true in a lot of instances, but in professional services it is decidedly not. Legal representation is different from giving someone a free box of donuts. Most of the time the legal services needed are important and have risk associated. Typically the person seeking assistance has contributed to the predicament that they are in. You, as the attorney, think you are doing them a favor, but are you?
Certainly there are circumstances of appreciated and gratifying Pro Bono work. In Mississippi attorneys are required to work at least 20 hours per year on Pro Bono matters, but the client does not get to decide.
It seems that clients getting something for nothing are more demanding, are more suspicious and are more prone to complain. This is because the typical arms length transaction, which provides for the exchange of compensation for services, when not used creates an imbalance.
The FREE client is more suspicious because they wonder how good a job the attorney is doing.
The FREE client is more demanding because they have to get all that they can for free because they know it will end soon.
The FREE client complains more because they do not have to refuse to pay and wonder what that attorney is going to do about it.
This is not intended to disparage Pro Bono clients and their cases, but rather to warn attorneys and other professionals to be careful when taking on FREE representation.
Beware of FREE representation and to the clients seeking a free attorney, sometimes…you get what you pay for.
Guns and concealed carry issues are all over the news. Gun safety classes and concealed carry interest is at an all time high. I had intended to do this posting in a little more of a conversational tone, however in looking at the law in MS regarding concealed carry and considering the high interest, I decided to be more informative and closely adhere to the statutory language. Having made that disclaimer, I did edit down, considerably, the law and highlighted what I determined to be the meat of the law. The following are the basics of MS gun laws. (read the Update as well for 2 recent changes) and yet another (update on “open carry.”)
In Mississippi a person can lawfully possess a firearm, unless they cannot due to felony, infirmity or other legally recognized reason. They may have a gun in their home, car and business and can use it to defend their life, as well as defense from serious bodily injury for themselves and others. They may have a loaded firearm in their home, car and on their person, though restrictions apply regarding on your person and car, due to concealed carry restrictions and some hunting laws. There is also debate on whether a person can open carry in MS. There are certainly exceptions for hunting purposes, but the MS Attorney General has taken the position that persons cannot open carry.
Mississippi has a ” Concealed Carry” law.
Miss. Code Ann. § 45-9-101 (2012) (NOT reproduced in its entirety, paraphrased)
§ 45-9-101. License to Carry
(1) (a) The Department of Public Safety may issue licenses to carry concealed to persons qualified. Such licenses shall be valid for(5) years. Any person possessing a valid license may carry. (b) The licensee must carry the license & valid identification, at all times if carrying and must display both the license and proper identification upon demand by a law enforcement officer.(2) The Department of Public Safety shall issue a license if the applicant:(a) Is a resident of the state for twelve (12) months or longer prior to filing.(b) Is at least twenty-one (21) years of age;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a gun;
(d) Is not ineligible to possess a firearm by virtue of a felony;
(e) Does notabuse controlled substances. It shall be presumed that an applicant uses controlled substances if the applicant has been committed to a treatment facility or been found guilty of a crime relating to controlled substances within three-years preceding application ;
(f) Does not abuse alcoholic beverages. It shall be presumed that an applicant uses alcohol if the applicant has been committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol within three-years preceding application;
(g) to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years, if so;
(i) Has not been committed to a mental institution unless he possesses a certificate from a psychiatrist that he has not suffered for 5 years;
(j) Has not had guilt withheld or sentence suspended on any felony unless three (3) years have elapsed;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess or own a weapon based on federal law.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of crimes of violence constituting a misdemeanor unless three (3) years have elapsed.
(4) The Application Process
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver’s license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and false answers subjects the applicant to criminal prosecution; and
(g) A statement that the applicant desires a legal means to carry to defend himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding (30) days
(c) A nonrefundable license fee of ($ 100.00) + Costs for processing the set of fingerprints
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records of commitment and criminal.
… CANNOT carry here:
(13) No license issued shall authorize any person to carry concealed into any place of nuisance as defined in Section 95-3-1; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except if encased for shipment; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition carrying may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.
UNLESS; Mississippi also allows for an enhanced carry per MCA§ 97-37-7, which removes most of the above restrictions :
A person licensed under Section 45-9-101 to carry a concealed pistol, who has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail.
…
(18) Nothing in this section shall be construed to require or allow the registration of any gun or firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any gun.
(19) Any person holding a valid license to carry issued in another state shall have such license recognized by this state.
What can you NOT carry?
§ 97-37-1. Deadly weapons; carrying while concealed;
(1) any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:(a) By a fine of not less than ($ 100.00) nor more than ($ 500.00), or imprisonment for not more than six (6) months, or both,(b) By a fine of not less than ($ 100.00) nor more than ($ 500.00), and imprisonment not less than thirty (30) days nor more than six (6) months, for the second conviction.(c) By confinement in the custody of the Department of Corrections for not less than (1) year nor more than (5) years, for the third conviction.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.
Matthew Thompson is a family law attorney and suggests you be careful as you never know who may be packing.
Post hoc ergo propter hoc, along with being a mouthful, is Latin for “after this, therefore because of this.” In laymen’s terms, one thing happened after another, therefore it was caused by the prior. A rough example is;
We had a pile of Rags in the corner.
Pretty soon we noticed Rats hanging around the pile of Rags.
Rags begat Rats.
However, this argument is not always correct or legally persuasive. This was discussed in an episode of the West Wing. The clip below demonstrates.
Click and Click again. Post Hoc Ergo Propter Hoc
Matthew Thompson is a family law attorney and earned a Cum Laude score on the Nation Latin Exam in the eighth grade.
I will be mediating a family law case, or rather agreeing to mediate a divorce, custody and property division case in the near future. Mediation is a process whereby the parties agree to meet and attempt to resolve all issues prior to going to trial or without having to go to trial.
In a mediation the parties agree to hiring a third-party, typically another attorney or retired judge, to “hear” their case. Now the mediator is NOT the main authority. In fact, the mediator cannot compel either of the parties to do or agree to anything. The mediator’s role is to point out the strengths and weaknesses of each sides case and to try to find common ground. Sometimes the mediation is based on reason and logic and sometimes it is based on emotion or just some number someone is trying to reach. Almost anything can be mediated, though a rule of thumb is to not mediate when not prepared factually, legally (research wise), or with an abuser.
Pros:
The parties have the ultimate say in the final outcome.
Mediator gets to hear “everything,” so a party may have their “say.”
It is appeal proof. (unless fraud involved)
It can save fees and expenses.
It can reveal strengths and weaknesses in a case.
It works. (approx 90% of the time)
Cons:
If there is no agreement there is no settlement.
Mediator’s opinion is non-binding.
It can add a layer of expense.
It can be frustrating.
It may not work.
Mediation is not a silver bullet to end litigation. It is just another implement in the tool box of resolving and litigating cases.
Is mediation right for you? Almost any matter can be mediated. Speak to your attorney for more information.
Matthew Thompson is a family law attorney and believes in the mediation process, though it may not be right in every situation.
In Family Law, dealing with divorce and child custody issues are enough to keep any attorney busy. With ever-changing emotions, gray areas of the law relating to dividing assets and assessing how a particular judge may determine the best interests of a child, attorneys and clients don’t need more on their plate to deal with. But, there is more…Jail!
I have previously blogged on going to Jail for having sex and not paying child support, but there is another reason folks go to jail in their family law case, letting their emotions get the best of them.
It is quite common for Family law matters to “spill over” into Justice Court or Municipal Courts. Most commonly are assault, trespass and domestic violence violations. I have included portions of the statute for you to review, below and italicized common issues.
The severity of these charges depends in large part on the severity of the circumstances, the severity of injuries, if any, and whether there is a history of violations or abuse. Unfortunately, it is not uncommon for one spouse to attempt to use these criminal allegations to “one-up” the other and attempt to use the criminal charges as leverage in divorce negotiations.
Lawyers would be wise to warn their clients about the possibility of a client losing their cool, even once, leading to criminal charges and that, perhaps, their former significant other may “create” circumstances in the hopes of using those against them in a later or pending divorce action.
§ 97-3-7. Simple assault
(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely…causes bodily injury to another; (ii) negligently causes bodily injury with a deadly weapon… or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment for not more than six (6) months, or both.
§ 97-17-85. Trespass; going upon inclosed land of another
If any person shall go upon the enclosed land of another without his consent, after having been notified by such person …not to do so …or shall remain on such land after a request by such person; shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00).
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section (see simple assault) against a current or former spouse … upon conviction, the defendant shall be punished as provided under subsection (1) …a third conviction of simple domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.
§ 97-3-7. Aggravated domestic violence
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a current or former spouse … Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years… a third conviction of aggravated domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.
(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.
Matthew Thompson is a family law attorney that has only been to jail to help his clients get out. He intends to keep it that way and hopes (advises) that you do too!
Valentine’s Day is one of the most popular days to get engaged! Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question. But who gets the RING if things don’t pan out?
In Mississippi, the ring is a pre-marriage gift. It can be argued that the ring is actually a conditional gift creating a contractual obligation. How Romantic!
Here’s the scenario. An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry. So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration. At this point the contract is fulfilled and the rings is now the property of the lady. But what if they were only married for a minute? Well, if they married the contract is fulfilled. Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.
The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald,698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady] to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal. Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).
Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:
“Dearest One,
I love you and desire to marry you. As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon. ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)
Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!
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