Category Archives: General Legal

General Legal, Opinion

10 Annoying Client Traits

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I recently wrote of 10 Annoying Attorney Traits.  I only listed 10 of them, though there could have easily been 100+.  A colleague suggested I write about Annoying Client Traits. I agreed to do it.  Disclaimer:  This applies to none of my past, present and/or future clients.  Any resemblance to you is purely coincidental.

  • 10.  Calling at the Last Minute.  You have a trial tomorrow?!  You have had the papers for  months, were served and ignored the other attorney’s calls and letters for weeks.  Then you are upset with the attorney because we cannot get involved…
  • 9.  Petty Cases.  You want to sue your neighbor because some leaves blew on your side of the fence, or in the family arena, because he was 5 minutes late for visitation drop-off.  The Court does not want to hear it unless it matters.  
  • 8.  Expecting Something for Nothing.  I get multiple calls a month where the potential clients say they “don’t got no money, but…don’t you attorneys have to take some cases Pro Bono…”  All Mississippi attorneys donate at least 20 hours per year on Pro Bono cases, or pay $200 dollars to the Mississippi Bar.  Just because you don’t want to pay doesn’t mean your case is Pro Bono.  
  • 7.  Declaring War.  Okay, so you have a serious case.  It does not mean that the right move is to put on your helmet, arm yourself  and put on war paint.  Listen to your attorney.  Sometimes resolving your differences or settling your case is a better long-term outcome.
  • 6.  Suing for the Principal.  Your case just got 3 times more expensive.  Moral victories do not taste sweet.  Suing on principal costs you lots of money, gets you in a quagmire and it may not end up the way you were hoping.
  • 5.  Not Taking Our Advice.  You paid us to tell you what to do.  Don’t follow at your own peril.
  • 4.  Weekend Calls About Non-Emergencies.  Emergencies happen.  We are paid to deal with them. However, it is not an emergency because your friend’s cousin in Toledo just settled their case without an attorney and you were wondering why we did not tell you about the Toledo case.  What?  Are you okay? Yes.  Call me Monday.
  • 3.  Not Responding to Your Attorney.  Attorneys get a bad rap for not returning calls.  Well, clients don’t return calls either.  We cannot effectively represent you if we cannot speak to you when needed.  Please do not avoid calls.
  • 2.  Not Paying.  You hired a lawyer.  In most instances you caused the mess you are in or at least contributed to it.  You agreed to the fees.  Pay your bills. Not all lawyers are stinking rich.
  • 1.  Lying.  Why on Earth would you lie to your attorney?  We are so immune to judging you based on whatever it is that you did due to the fact that everyone else did it too. They just did not get caught.  Tell the truth, the whole truth and nothing but the truth…to your attorney.

Matthew is a family law attorney and when he gets calls on the weekends, for non-emergency “emergencies” it goes something like this…

Client:  Matthew, I hate to call on the weekend, but…

Attorney:  Are you safe, are your kids safe, are you in jail, are your kids in jail…? 

Client:  What? No, we’re all fine. My Cousin’s friend in Toledo…

Attorney:  Call me on Monday.

 

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.

General Legal, Opinion

10 Annoying Attorney Traits

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My inspiration was a recent blog with a similar topic of the 10 most annoying type of persons.  It had some salty language so I did not re-post, but it got me thinking about things that lawyers do that are annoying.  Here are just 10 of them.

10.   Use Legalese.  Sometimes there is not a plain English equivalent term, but come on.  Please don’t constantly say whereby, wherefore, use Latin terms, or over use allegedly.

9.   Always Angry.  Yes, you have a law degree, but that doesn’t give you a license to be jerk.  Perhaps there is a time and place for being a jerk, but it’s not often.

8.   Don’t Return Calls.  Your time is valuable, we know.  If you get a call return it in a timely manner.  Things happen, you forget, you get busy, you’re writing a new blog post…Return the call.

7.   Blaming the Paralegal.  So every mistake or miscue at your office is someone else’s fault?  Well, you hired them.  Take responsibility for your action or inaction.

6.   Cause Delay.  Attorneys have a unique and uncanny ability to make things take immensely longer than they should.  Is it because they are paid more if it takes longer? Billable hours, Hmmmm.

5.   Take on too Much.  This attorney is always on the go, juggling balls in the air, having 2 court appearance in the same day and it makes you exhausted just to speak to them…if they call you back.

4.   Take on Things They Should Not.  This attorney tries to be a jack of all trades and master of none.  If you can do it great.  If you don’t know what to do, pass on taking the representation.

3.    Always Late.  This attorney is always rushing, but not getting anywhere on time.  There is always an excuse and they figure the judge will be late anyway.

2.    Constantly Curse.  This one is dropping curse words in every conversation.  Most are inappropriate and crude , but hell…

1.    Know it All.  They have an answer for everything. Why you are wrong, why they are right.  There is no compromise unless it’s on their terms.  They are exhausting to speak to.

What do attorneys do that annoys you?  Leave a comment, but don’t say “wear a bow tie.”

Matthew is a family law attorney and native Mississippian who tries NOT to be an annoying attorney, though he has on occasion exhibited some of the traits above.  (3 this week!)  

Follow his blog: BowTieLawyer    Visit his website: Thompson Law Firm, pllc

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

Child Custody, Divorce, General Legal, Modifications

Jurisdiction; Where to Sue.

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Jurisdiction is one of those legal terms we hear a lot, but aren’t always sure what it means.  In the legal world, for a Court to be able to act upon a  filed complaint and grant relief to a party, the Court must have jurisdiction.

Jurisdiction provides the Court authority to makes decisions over a party and the topic of their lawsuit.

Mississippi law provides rules for determining if a Court has jurisdiction and where that may be.  MCA § 93-5-5, contains the residency requirements for a divorce  action.  Additionally, all actions for divorce will be filed in the Chancery Court for the appropriate county.

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases:

(a) Where one (1) of the parties has been an actual bonafide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered actual bonafide residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.

(b) In any case where the proof shows that a residence was acquired in this state with a purpose of securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of complainant.

In plain terms, this means you file your divorce action in your home county, or the County that you have resided in for at least 6 months, immediately filing the action.  If you were married in another stated and meet the Mississippi residency requirements you file in Mississippi.  If were married on the Coast, but live in Jackson and have for over 6 months you file in Jackson.  Sometimes, if you wish to file in your current area, but have not met the residency requirements you may have to wait.  Sometimes there are disputes as to residency and the parties can litigate where the case should be litigated.  Some states have different residency requirements than Mississippi so don’t bank on the 6 months if you are in another state.

There are also a number of exceptions or tweaks to the jurisdictional rules.  Another Court, or State, could have “emergency jurisdiction” in child custody cases pursuant to the Uniform Child Custody Jurisdiction Enforcement Act. (UCCJEA).  Also, if your divorce was originally in another state or another county, that original Court would have original jurisdiction and there are additional rules to “transfer” jurisdiction and in some instance you cannot move it.  Military family law cases also have exceptions to the traditional jurisdiction rules.

Jurisdiction is a critical aspect to consider when filing.  It is imperative that your case be filed in the right place geographically and the right Court.  You also may have options between differing Courts based on what is at issue in your case.  Talk to your lawyer about where your case should be filed.

Matthew is a family law attorney and native Mississippian.  Follow his blog, here, at http://www.BowTieLawyer.wp.com.

You may also contact Matthew with your family law or jurisdictional question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Divorce, General Legal, Opinion

Holiday Burnout; 3 Tips to Cope and Keep Moving Forward.

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Now that the Holiday’s hustle and bustle are behind us it is common for an emotional lull or brief bout of depression to set in.  These are the Christmas Blues and are real.  These are especially common in those persons dealing with the stress of family law litigation.

Christmas Blues happen for a number of reasons; all of the excitement and anticipation of the holidays have passed, financial problems that were ignored can no longer be (your personal financial cliff), the relatives you actually enjoy seeing have gone back home, and the “doldrums” of work and real life are back, in full force. There is even a medical term that can be applied; seasonal affective disorder.

There are a few mechanisms to cope with these Christmas Blues. I have previously blogged on dealing with stress by keeping a routine, adding some form of physical fitness and making your bed everyday, these continue to be applicable.  However, the Christmas Blues can be counteracted with a few other techniques, which also happen to be appropriate if you are dealing with or anticipate dealing with family law issues.

  • Get a financial check-up.  Meet with your financial advisor or CPA.  Hire one if you don’t have one.  You may think you don’t have a need or do not have enough assets to warrant it, however knowing what you have, where it goes and what to do with it helps regardless of your situation.
  • Get a medical check-up.  This is almost as unpopular as going to the dentist, but do it anyway.  Knowing what’s going on with your health is important and can head off future issues. I know you’re busy and feel fine.  Do it anyway.
  • Get a spiritual check-up.  Why do bad things happen to good people?  Why is their so much illness and tragedy in the world?  I do not have all of the answers, but these are common questions.  Being centered, be it through your church, other place of worship or out in the woods, helps you cope with life’s unanswered questions.

These are not earth shattering, though may be annoying or hard to schedule.  Do it anyway.  You will not regret it.

Matthew is a divorce attorney, food blogger, and Mississippian, none of which he apologizes for.  Follow the @ http://www.BowTieLawyer.ms.

You may contact the Firm at (601) 850-8000 or Matthew@bowtielawyer.ms.

Bow Tie, Crime, Divorce, General Legal, Opinion, Pets

BowTieLawyer’s Top Rated Posts of 2012 (and a few of my favorites)

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Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites.  Thank you for viewing this blog, posting comments and sharing.  I think this is a worthwhile blog and I enjoy doing it.

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I began on August 14, 2012, blogging about Family Law issues and whatever else I felt like.

TOP 5 POSTS FOR 2012

And a few of my Favorites;

Thompson Law Firm, pllc        (601) 850-8000

General Legal, Opinion

Even Jedi Need Training! (Family Law Jedi)

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I recently had the opportunity to watch my children, and many others, participate in Jedi training. Jedi training included being introduced to the light saber, having the proper attire and practicing offensive and defensive maneuvers with the light saber. The instructor, Lady Skywalker, also spoke of how Luke had continued training by Master Yoda even after becoming a Jedi.

Similarly, attorneys are required to continue their training.  Each year lawyers are required to have 12 hours of Continuing Legal Education (CLE), including at least one hour of Ethics.  Typically lawyers attend a seminar or two, per year to receive their credit.

I frequently present at these seminars. I routinely speak on Family Law and have presented to the general public, lawyers and judges. I have conducted seminars aimed directly at other lawyers, training them on how to handle divorces, custody actions, and contempts in Mississippi.  I have presented at “Know Your Rights” seminars on behalf of the Mississippi Volunteer Lawyers Project and the Mission First Legal Aid Office.  I have presented at Guardian Ad Litem (GAL, appointed attorney to represent children) training sessions on how to perform Child Custody Evaluations and how to prepare a GAL Report.

To excel at what you do you have to not only be competent, but to continue to get better. I am committed to this by frequently and routinely speaking and presenting at seminars and training sessions throughout the state on Family Law. I am aiming towards being a Family Law Jedi.

Matthew Thompson is a family law attorney that is not afraid to say “I don’t know,” but he will also find out the Answer!  If your case needs a family lawyer that keeps up with the law and current changes in the law please contact Thompson Law Firm.

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 Support, Divorce, General Legal, Marriage, Property Division

The Top 5 Lies of Divorce Clients

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There is an old lawyer joke… How do you tell when your client is lying to you?  When their lips are moving.  Lying to your lawyer is a really bad idea for multiple reasons.  It is primarily bad because advice can change based on the facts of your circumstance and if we, as the lawyer, do not know the facts our advice may not be right.  And the whole perjury thing is bad too.  Without further ado, here are the top 5 lies that clients tell.

  • 5.  Lies about Income.  
  • Clients that make a lot of money often understate their income.  Also, I have had clients say they make more than they do, I guess because of embarrassment.  It is a really bad idea to lie about income regardless of the reason.  The other party has the right to get pay records directly from your bank or employer and lying about making more than you do can result in you paying more than you owe.
  • 4.  Lies about their role within the Home.  
  • The husband comes in and says he does all of the cooking, cleaning, child rearing and otherwise paints himself as Martha Stewart, when he is more like Haagar the Horrible.  Out pillaging, but not big on household chores.  This matters because it effects the division of assets and has custody and alimony applications.
  • 3.  Lies about Other Marital Fault.
  • #3 is other marital fault because it is saving room for #1.  But this means that the client tells you about how awful the other party was.  How they were attacked or provoked and only reacted and defended themselves.  They “forgot” to mention the domestic violence conviction and the meth lab in the garage.  Oops.
  • 2.  Lies about Value$.
  • In a similar vein to lies about income, clients understate the value of investments, collectibles and businesses.  This can be very significant and a husband that misled the Court about the value of his privately owned business resulted in the wife coming back after the fact and getting more value when he had a falling out with a business partner.  Also, that 1953 Chevrolet Coupe is worth more than you are saying it is.
  • 1.  Lies about Adultery.
  • #1 for a reason.  It’s hard to admit when you are wrong.  By the way, “I didn’t have an affair, it was just a one-night stand,” is still an affair. It is adultery.  Lying about this can bumfoozle a legal strategy of trying to prevent the divorce.   If the other party has grounds against you and wants a divorce they can get it.  If you lie about it chances are you will eventually be caught.

These are just some of the lies told everyday.  It is important to tell your lawyer the truth, including the dirty details. It can make a difference in your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

Follow the blog:#BowTieLawyer 

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

Know Your Rights! Get a diagnosis.

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This blog is inspired by the many, many folks I encounter on a weekly basis who have “no clue” what their rights are.

  • If you’re ill, you go to the doctor to get a check-up.

  • If your car is squeaking, you go to the mechanic.

  • If your roof is leaking, you call the repair man.

But if you think you are in a legal situation, what do you do?  YOU IGNORE IT!

Do NOT ignore it.  Go see an attorney.  They don’t bite.  We’ve already discussed how to determine if you need one (here) and how to find one (here).  This is just aimed at the folks on the fence and those choosing to be blissfully ignorant.  Not knowing your rights, not knowing the law, and not knowing your options is a bad thing.

There are deadlines, timelines, and statutes of limitation.  Memories fail, people forget or misremember, documents get lost, people get lost, and “witnesses” die.  Records get erased, deleted and shredded.  Bruises and wounds heal, scars fade, and most persons recall times past more fondly (or at least not as bad) than they were.

Get off the fence.  Get informed and know your rights.

Thompson Law Firm, pllc    Matthew@BowTieLawyer.ms    (601) 850-8000