Robert Addison, Chad King and I (Matthew Thompson) have partnered to form a full service, amazing combination of skill, talent and personality, law firm.
Robert has nearly half a century of significant legal trial experience in corporate defense, serious personal injury, medical malpractice, and general civil liability, among other areas.
Robert also has over a half century of life experience. He’s a genuine cowboy, professional violinist, collector of Americana, certified firearms trainer and the most authentic person you will ever meet!
Follow Robert’s tips, advice and musings on Twitter (@BootsNBowTies) and the ThompsonAddison.com blog.
The cliche’ is good lawyers know the law and great lawyers know the Judge.
Valerie Morton, Tim Johnson and Matthew Thompson at the Community Outreach and Pro Bono Committee of the CABA – Capital Area Bar Association – MS, Hinds County Pro Bono Legal Clinic. 10/18/19
This is not to suggest knowing the Judge results in an unfair advantage or that the fix was in, but rather you know what to focus on in a trial or hearing and how to prepare the case.
But Judges are just a piece of the Courthouse puzzle. There are behind the scenes heroes that all too often do not get recognized. Court clerks, administrators, court reporters, and bailiffs all contribute to creating a place where people can be helped and justice served.
In fact, in a lot of instances these person are on the front lines of justice. Pointing people in the direction they need to go for help or guiding them to the extent allowed, which isn’t much.
These people also see us (lawyers) at our worst. Litigants being out-lawyered, lawyers treating court staff as if they work for them personally and lawyers blaming others when something went wrong.
Through it all, they keep a smile on their face, a song in their heart and that jerk lawyer on their short list…
Matthew Thompson is a Family Law Attorney in Mississippi and is grateful for the court staff and their seeming never-ending patience!
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.
(601) 850-8000 - - BowTieLawyer.MS 