Category Archives: Opinion

How NOT to Ask for Free Advice; Tips for On-Line Lawyer Q&A

04/29/2013 BowTieLawyer 1 Comment

There are a number of free, on-line Q&A opportunities for unrepresented persons to pose general questions of law and have lawyers answers those questions. This is really in the form of a public service and the responses do not create an attorney-client relationship, nor are they considered legal advice. But, they do prove helpful. (Examples include; AVVO, Law Q A, LawGuru, LawZam, JustAnAnswer)

David Castillo Dominici/free digitalphotos.net

However, I have noticed several trends by Askers of the questions that result in no responses. Below are just a few of “what not to say.”

DO NOT start the Question with “I am __ (age 13-17 ).
- You won’t get a response if you are a young’un, and if you are older than that it probably is not a necessary fact for the Q&A.

DO NOT start the Question “I ain’t got no money, but….”
- We already assume that. You’re posting on a free Q&A.

DO NOT start the Question with “My attorney said ____, but…
- We know what you want (I want you to say what I wanted to hear, instead of what he said)…” We won’t.

DO NOT start the Question with “Don’t you attorneys have to do free cases or pro bono cases…”
- We do, but it does not have to be your case.

DO NOT use ALL CAPS, ALL THE TIME. IT IS PERCEIVED AS YELLING, IS POOR SOCIAL INTERNET MANNERS AND MAKES IT MORE DIFFICULT AND PAINFUL TO READ YOUR QUESTIONS.

DO NOT use terrible grammar. It’s not an English Composition exam, but it needs to be coherent. Sentences should have a beginning AND an end. There should be multiple sentences, but…

DO NOT write a novel.

DO NOT leave out necessary facts.
- If you’re question is about how much child support you will receive have an idea on the paying parent’s income. If you don’t have an idea, how would the lawyer?

DO NOT ask the same question multiple times.

Finally, a free Q&A is not an excuse to not hire an attorney when you need one. After all, the saying you get what you pay for comes from somewhere.

Matthew Thompson is a family law attorney in Mississippi and cautions those that use the free Q&A sites to be careful, you might get what you pay for.

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.

Crime, General Legal, Opinion

Hold On to Your Holsters!

04/27/2013 BowTieLawyer 1 Comment

I have a series of blogs on Gun Laws in Mississippi, recent legislative changes, and basic concealed carry 101. Well, one of the recent legislative changes, blogged in “Open Carry in Mississippi,” has sparked some controversy among law enforcement and with the State Attorney General, Jim Hood.

The AG has stated that he is issuing a “Vast Opinion” on the law change and who can carry what, when and where. This should be interesting. Stay tuned for a post on the “Opinion” and an opinion or two of my own.

My previous Gun Law posts can be viewed below.

Matthew Thompson is a family law attorney in Mississippi. Contact TLF with your family law or firearm law related inquiry.

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

Purple Panty Pull-downs

04/17/2013 BowTieLawyer Leave a comment

Gotcha! Purple Panty Pull-downs, (a.k.a. Hunch Punch, Whoop Juice) is a college party drink of too much alcohol, kool-aid, sprite, and ice. It can lead to poor judgment, hangovers, injuries, arrests and other sordid outcomes. However it tastes good! When mixed right it is cold, sweet and easily drinkable. It “feels” safe. You cannot fully appreciate the danger.

Similarly, threats to your marriage can seem sweet. Contacting an old friend, meeting a business colleague for drinks or meeting someone new at an event and hitting it off. These interactions are new, exciting, fun and “feel” safe. But be careful.

A non-scientific poll conducted on Facebook by colleague and friend, Craig Robertson, revealed common places and common themes in affairs. Affairs typically do not happen with strangers. They are persons that we know. Persons from work, from our past, friends of the family and church – yes, Church! It happens. It’s the people you see at the grocery and the coffee shop and your kid’s friend’s parents.

So, should you be a recluse, a shut-in and avoid all other human interaction? No. Just be aware of your surroundings. Act intentionally.

When you see the cooler full of Purple Panty Pull-downs, Watch Out!

Matthew Thompson is a family law attorney and in the words of Sir Winston Churchill, “The water was not fit to drink. To make it palatable, we had to add whisky. By diligent effort, I learnt to like it.” But don’t lose your wits about you.

General Legal, Opinion

Churchill Wisdom; On Guns

04/01/2013 BowTieLawyer 1 Comment

Winston Churchill, who appears not infrequently as a part of this blog, was known to carry a firearm on his person.

The above, a 1896 Broomhandle Mauser, was his military issued firearm.

According to British firearms author and historian Richard Law, knowing Churchill had been targeted by Hitler’s agents for assassination, Churchill always went armed, his bodyguards notwithstanding. He kept a Thompson sub-machine gun, loaded in a rack within easy reach in his official limousine. Discovering that his chief bodyguard carried a little .32 Webley, Churchill ordered a new Colt Government Model .45 for his him. A short time later, Churchill asked the chief bodyguard how he liked the new pistol. The man replied that he was still carrying the .32 because the Colt was too heavy.

“Give it to me, then,” snapped Churchill, as he shoved it into his overcoat. This became the great leader’s personal carry gun until the end of the war.

Prior Churchill Wisdom includes;

Mississippi, beginning in July, will allow open carry and 2 levels of concealed carry are currently available for residents.

Matthew Thompson is a family law attorney in Mississippi. Contact TLF with your family law or firearm law related inquiry.

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.

Crime, General Legal, Opinion

Open Carry in MS?

03/25/2013 BowTieLawyer 22 Comments

I have previously blogged on MS gun laws and recent tweaks in the law. In the paper, Sunday, there was an article that stated effective July, MS will allow open carry. (Perhaps, more accurately stated is that it appears that it is not prohibited.)

Previously, the MS Attorney General opined, in June 2012, which is only “advisory,” that it is illegal to carry a handgun without a license (concealed carry permit). The license requires that the entirety of the handgun be concealed. The above picture would be a violation of the old law. If the jacket were covering it completely, it would not be if you had a concealed carry permit. This will be changed effective July 1, 2013, and includes incidental unconcealment will not be a violation. My prior article regarded this “tweak” of the law. However, another inspection of the law change also reveals a few other things ADDED to and REMOVED from the prior law.

ADDED (paraphrasing)

97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed * * * on or about one’s person, any pistol, revolver… must have a concealed carry license.

(4) For the purposes of this section, “concealed” means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.

This change now takes any pistol out of the definition of “concealed” if in a holster and visible or partly visible. This means the above picture is no longer a concealed handgun and no longer is subject to concealed carry license requirements.

The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, …that is not concealed as defined in Section 97-37-1.

So now the law change has established what the definition of “concealed” is NOT and that a pistol in a holster, on your person, that is visible is not concealed.

Now for the REMOVED section.

The prior law had a clause to the effect ‘that nothing herein may be used to authorize open carry…‘ This language has been deleted from the new law. The reason is because now this concealed carry law, which defines “concealed,” specifically excludes being applied to a pistol in a holster that is visible. It, by default, defines open carry.

There is a maxim in the law that holds that which is not prohibited is allowed. “Everything which is not forbidden is allowed” is a constitutional principle of English law — an essential freedom of the ordinary citizen. MS has no law, effective July, that prohibits open carry (and did not prior to this either, really). Or rather, MS law now defines a pistol in a holster as not concealed and therefore not subject to concealed carry license requirements.

So, what else is on the books? The MS Constitution guarantees our rights to keep and bear arms (along with the US Constitution). There is nothing else in the law regarding concealed or open carry for citizens.

You can read the bill for yourself here. While it is not black and white law allowing for open carry, there is now (July 2013) “nothing” which can be used to prohibit open carry. Interestingly, I have heard that the same restrictions to concealed carry apply to open carry, meaning limitations on locations and that if a person posted a sign that you could not carry on premises. I say “interestingly” because the prohibitions are all in the concealed carry license statute, the law which specifically authorizes concealed carry. The argument could be made that open carry is not subject to concealed carry rules because it is specifically excluded from the definition.

I predict some more law changes and litigation/law enforcement run-ins about this one.

Matthew Thompson is a family law attorney in Mississippi and supports your Second Amendment rights.

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

Bad Advice = Bad Lawyer?

03/20/2013 BowTieLawyer 6 Comments

As a practicing attorney you are always learning from each case, each client, each Court appearance, and dealings with opposing counsel. Through all of this, there are memorable lessons learned and some you wish you had not.

Some memorable milestones are your first Court appearance, your first argument before the Court and the first satisfied client. I recently experienced a “milestone” that I wanted to share.

I was involved in a case where I “knew” who the other attorney was before he was “hired.” I knew based solely on the conduct of his client; destroying property, taking things that did not belong to him, damaging other property, having a poor attitude and ignoring attempts to communicate amicably and to resolve the outstanding issues without things escalating. I have this theory that clients tend to seek out and hire attorneys that are similar to themselves. Now, obviously this is not always true and too broad a generalization to make, but fitting for this instance. In any event, this other party decided to do some bad things.

As soon as I heard of the destruction, I said “I know who his attorney is.” It was not a good feeling. I was not proud of myself. I was disappointed that due to this conduct that I “knew” who he hired. This conduct and this advice is exactly why people hate attorneys and think we are lower than low.

So what did I do about it? Well, I tried to do the best I could. Set it for hearing and let the Judge have a say. The client may or may not have broken the law, but that didn’t make it right.

This milestone, unfortunately memorable, of knowing who the other attorney is by offensive conduct of his client actually reminded me that I do not ever want another attorney to “know” that I am involved in a case based upon offensive conduct of my client. Want to share to some war stories? Leave a comment or send an email, maybe I’ll blog about it.

Matthew Thompson is a Family Law attorney and strives to do what is right and is now getting off of his soapbox.

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

Churchill Wisdom; On Advice

03/14/2013 BowTieLawyer 2 Comments

“In those days he was wiser than he is now; he used to frequently take my advice.”

-Winston Churchill

Following your attorney’s advice can be one of the more difficult aspects of divorce work, but you must. I have previously blogged on How to Hire an attorney, Keeping Quiet when necessary, Annoying Client Traits, and Coping with the Stress of a family law matter. One important and common theme to all of these is to listen and take the advice you are given. It is no guaranty of a perfect case, but it increases the potential for a satisfactory result. (So long as the person giving the advice knows what they are talking about.)

Matthew Thompson is a Family Law attorney and is good at telling people what to do.

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.