Most cases settle. Most cases should settle and “settlement” is not a dirty word.
Court, despite preparations, always has a level of unpredictability. Witnesses who you thought would be great, are nervous and are not great. Evidence that you knew was significant was prevented from being used due to an objection. What you believed to be the facts morphed into something else because of other testimony.
The judge was cranky. The air conditioner broke. Your lawyer forgot to ask you a question.
Settlement eliminates the risk and unpredictability of Court. Also, you just may get the outcome you would have gotten without the stress, anxiety and burning bridges that sometimes comes with contested litigation.
Sometimes settling your case is the way to go.
Matthew Thompson is a litigation attorney in Mississippi and still advises that sometimes settlement is best.
“Sanction” is a penalty or punishment provided as a means of enforcing obedience to a law. thelawdictionary.org
The Mississippi Rules of Civil Procedure, that all attorneys and parties have to abide by in litigation, include a specific rule that an attorney or a party may NOT file a motion that is frivolous or for the purpose of harassment or delay. M.R.C.P 11.
(b) Sanctions…For wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. If any party files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay, the court may order such a party, or his attorney, or both, to pay to the opposing party or parties the reasonable expenses incurred by such other parties and by their attorneys, including reasonable attorneys’ fees. [Amended effective March 13, 1991; amended effective January 16, 2003] M.R.C.P 11
Rule 11 provides two alternative grounds for the imposition of sanctions—the filing of a frivolous motion or pleading, and the filing of a motion or pleading for the purpose of harassment or delay. See Nationwide Mut. Ins. Co. v. Evans, 553 So. 2d 1117, 1120 (Miss. 1989). M.R.C.P 11
Although a finding of bad faith is necessary to sustain the imposition of sanctions based on purposeful harassment or delay, a finding of bad faith is not necessary to sustain the imposition of sanctions based upon frivolous pleadings or motions. M.R.C.P. 11.
A pleading is “frivolous” if its “insufficiency…is so manifest upon a bare inspection of the pleadings, that the court or judge is able to determine its character without argument or research.” In re Estate of Smith, 69 So. 3d 1, 6 (Miss. 2011). M.R.C.P 11
Sanctions against a party are improper in cases where the party relied strictly on advice of counsel and could not be expected to know whether the complaint was supported by law, where the party relied on advice of counsel in filing the pleading and played no significant role in prosecution of the action; or where the party was unaware and lacked responsibility for any bad faith harassment or delay. See Stevens v. Lake, 615 So. 2d 1177, 1184 (Miss. 1993). M.R.C.P 11
Let Rule 11 serve as a warning against filing things you know are untrue and/or that you cannot prove.
Matthew Thompson is a Chancery Court attorney in Mississippi and doesn’t often seek sanctions, but does when it’s warranted.
There is now a rule regarding the number of times you may take the bar exam unsuccessfully before remedial education is mandatory. Upon 3 unsuccessful attempts, a test-taker must attend 12 additional hours of law school before sitting for the bar exam again.
Previously there was no set limit. Two Supreme Court Justices disagreed with the rule change, but not because it was too tough. One justice was in favor of a 3-strikes your’re out and another supported 5-strikes and you’re out.
There have been mixed responses to this rule change and the above link features area attorney’s reactions, including your truly.
Matthew Thompson is a Family Law attorney in Mississippi, passed the bar exam on his first attempt and if all goes to plan will not have to take another bar exam – – ever…
Lawyer advertising can still have a stigma attached to it. It’s a throw back to the “good ‘ol days,” I guess.
However, we all advertise, or market, in some way. The bow tie is a marketing tool. Well, today my friend Graham Carner gave me his “card.” It’s a poker chip. It says his practice areas, website and phone number. It’s also the first time I’ve seen a chip/card.
Kudos to Graham. Perhaps the bow tie bottle openers are not as far-fetched as I’ve been told!
Matthew Thompson is a family law attorney in Mississippi and is typically the only lawyer under 70 in a bow tie.
This advice comes from years of custody disputes, multiple counselors, being a parent and seeing a lot of what-not-to-do.
#1 Be Consistent
Be there. Show up when you are supposed to. Be there when you can in addition to when you are supposed to. Be supportive mentally, emotionally, financially. Be calm. Be steady. Be there.
#1A Be Positive.
Be a good example. Be a positive role model. Say nice things about your child. Say nice things about the other parent. Be reassuring. Be encouraging. Be loving. Be affectionate.
That’s it. Do those things. You’ll win at parenting.
Matthew Thompson is a child custody attorney in Mississippi and encourages all parents to be consistent and be positive, even you.
Here’s your chance to be a part of history-in-the-making, changing Mississippi for the better.
There is a movement afoot to change/adopt a state flag that celebrates MS, while respecting her heritage. (…at least the heritage worthy of respect.)
The above link is a pre-order for a specialized car tag with a proposed new flag for MS. I for one support and encourage a change. I encourage you to join in, show your support and be a part of making History in Mississippi.
We all have “bad days.” The same is true for the judge, your lawyer and you.
Ruleville, MS water towers. Photo by Matthew Thompson
Part of the reason that Court is so unpredictable is because there are humans involved in the process. You just do not know what that other persons has had to deal with the last day, week, or month. Those outside influences, while they should not impact a case, can effect the outcome.
When the judge has a “bad” day, lawyers get chastised, witnesses “corrected” and rulings may be delayed. When lawyers have “bad” days client got to jail!
A short post today and not a lot of solutions, however the take away is show grace and until you’ve walked a mile in their shoes, you do not know what someone else is dealing with.
Matthew Thompson is a Family Law Attorney in Mississippi and former Photo Editor/Photograph for MC Law’s Legal Eye student newspaper.
There are a smattering of sites devoted to ostracizing a few select judges. These usually pop up when one party feels so aggrieved that they decide to let the whole world know about it. There is nowhere online that judges are celebrated.
The site lists Judges by Federal and State Districts. The Mississippi page, linked here, has Judges listed by County and by Circuit or Chancery District. The listings have not been updated in some time, and a number of the judges are not judges anymore due to retirement and elections.
There are only a handful of reviews for Mississippi, but other states have more. I assume the dearth of information is because this is not a commonly known site in Mississippi.
So if you love your judge or love to tell the world how bad he/she is, now is your chance. The site states the postings are anonymous, though require an email to post a rating. The rating provides for a numerical score on multiple characteristics and allows for comments.
Matthew Thompson is a Family law attorney and knows the judges may groan about this. However, the positions are non-partisan, elected and subject to public scrutiny or praise. Be the judge that gets the praise.
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