Category Archives: Opinion

Top 3 Lawyer Jokes (Some of my favorites)

I think we can admit we all enjoy a good lawyer Joke every now and again.  We’re an affable bunch, generally, and easy targets.  We do so much that can be made fun of.  Here are a few of my favorites.

  • 3.  What do you call 10,000 Lawyers in the ocean?

A good start.

  • 2.  A Doctor, an Engineer and a Lawyer were discussing who represented the oldest of their three professions. The doctor said, “On the sixth day God took a rib from Adam and made Eve, making him the first surgeon. So medicine is the oldest profession.”  The Engineer said, “Before that, God created the heavens and earth from chaos and confusion, making Him the first Engineer. So engineering is older than medicine.”  The Lawyer spoke up, “True, but who do you think created all of the chaos and confusion?”
  • 1.    A man in Arizona calls his  adult son in New York a few days before Christmas and says, “I hate to ruin your day, but I have to tell you that your mother and I are divorcing.  Forty-five years of misery is enough.”  “What are you talking about?,” the son asks.  “We can’t stand the sight of each other any longer,” the father says. “We’re sick of each other, and I’m tired of talking about this, so you call your sister in Chicago and tell her.”  Frantic, the son calls his sister, who becomes very upset on the phone. “They are not getting divorced,” she shouts, “I’ll take care of this!”She calls home to Arizona immediately and screams at her father, “You are NOT getting divorced. Don’t do a single thing until I get there. I’m calling my brother back, and we’ll both be there tomorrow. Until then, don’t do a thing, DO YOU HEAR ME?” and hangs up.The old man hangs up his phone and turns to his wife. “Okay” he says, “they will be here for Christmas and they’re paying their own way.”
  • What’s your favorite lawyer joke?  Send an email or leave a comment.  You may see it here!

Thompson Law Firm, pllc     Matthew@wmtlawfirm.com     (601) 850-8000

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Know Your Rights! Get a diagnosis.

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

Don’t Curse in Public! (Public Service Announcement)

In my profession as a “wicked” divorce attorney I hear lots of cursing and sordid tales. I see pictures, movies, texts, emails, and love letters that would make you blush. Plus I get paid to review this “evidence.” (All fodder for future blogs!). I am saying this just so you know I am not a “prude.” However, I have recently visited the most magical place on Earth and was astounded with what I heard. (**I do not attribute the amount of the cursing to the magical location. I think I was more acutely aware of the cursing due to the circumstances. Don’t sue me, Mickey!**)

stockimage/ freedigitalphotos.net

With that disclaimer, the following is a snippet of what I personally heard/observed;

  • “He’s an a**h****! See his badge. All the guys with badges are a**h***s.” (Said by a an early fifties male guest to his early fifties wife, about a park employee bus driver, as the wife nodded in agreement).
  • “More like Barbie B*tch.” (One mom said to another mom when the child was describing Tinkerbell Barbie to another child).
  • “That’s some bu**$***.” (Not sure of the context, but overheard a forty-something male saying to his friend).
  • Various “F-bombs.” (Mainly regarding waiting in lines; lines for the bus, for the rides, for the restaurants…there are a lot of lines).
  • AND overheard kids saying;
  • “$h**, mom! We missed Tinkerbell!” (I really heard a 12-year-old say this to his mother, mom responded that Tinkerbell will probably be back soon).
  • “Don’t be a ‘Whiny B#tt'” (Said by a 5-year-old to her 4-year-old sister).
Theatrical release poster/wikipedia

Okay, so you heard someone cussin’. What’s the big deal?

The big deal is that there were numerous children all within earshot of every instance, from babies to teenagers. I don’t use curse words, except professionally. I would especially prefer you to not curse around children. Also, it could get you cited for obscenity or disturbing the peace.

And kids cursing? Come on. Back in the day; b#tt, d@mn, cr@p and s#cks were bad words. Not to mention the unmentionables (four-letter words). Let’s keep those words taboo.

Want to cuss at your house? Have at it. Go to a public location attended by 1,000s of kids, try not to be the cast from The Usual Suspects. Want your child to gain friends and win influence? Teach them how to speak by setting the right example.

Don’t like my opinion? Cuss me out, but do it via email at Matthew@wmtlawfirm.com or the next time we are having a private conversation.

Thompson Law Firm, pllc Matthew@wmtlawfirm.com (601) 850-8000

Condoning Bad Behavior; Losing Grounds for Divorce

They cheated! You found out…you TRIED to work it out, but the trust has been broken and you just cannot get over it.  You decide you have no choice but to file a suit for adultery.  You’ll get your fair share and move on. Right? Not so fast…

In Mississippi, to be awarded a Divorce, you have to either have Fault Grounds(click) against your spouse, that can be proven, or you and your spouse have to agree to ALL issues in the divorce, via Irreconcilable Differences(click). (All issues must be agreed; the divorce, itself, who gets what, who pays what, everything has to be agreed).

Additionally, in Mississippi, there are Defenses to a Divorce.  A Defense can be used to prevent the Divorce. One of those Defenses is Condonation.

Condonation is “legal forgiveness.”  This happens when the aggrieved spouse knows of the fault, in this example an affair, and decides to reconcile with the other party, when you TRIED to work it out.

Once the aggrieved party makes that decision to reconcile and the parties resume, or continue cohabitation, and resume marital relations (sex) the aggrieved party has legally forgiven the guilty party.  So what does that mean?  There are no longer grounds for divorce based upon adultery.

There are a few catches.  The guilty spouse must, in good faith, attempt the reconciliation intentionally with the purpose of saving the marriage.  Additionally, the aggrieved spouse can only forgive what they know about.  If there were multiple affairs and all were not disclosed there may still exist fault grounds, whether they are aware of it or not.  Also, the behavior, the adultery, if repeated revives the grounds for divorce.  That is, past acts that were known may have been forgiven, but if repeated the aggrieved would have grounds again.  Future acts would not be forgiven either solely based on a prior reconciliation.

Condonation is one of those more difficult issues to wrestle with in divorce.  The Court must consider the knowledge of the aggrieved spouse, the intent of the guilty spouse, the effort(s) to reconcile – whether they are in good faith.  All these are fact specific and subjective determinations to be made by the Court.

Warning!!  Some lawyers will advise the guilty party to do or say whatever is necessary to get the other party back in bed, for “reconciliation,” so that the defense of Condonation may be used.  If you find yourself in this situation, please seek the advice of an attorney prior to a reconciliation attempt.  Divorce attorneys can also help you save your marriage, or at least advise you on the ramifications if you try.

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You Never Marry the Right Person.

This thought provoking title was taken from an excerpt from The Meaning of Marriage by Timothy Keller and appeared in Relevant Magazine.  This title, while appearing startling, is actually pretty profound if you think about it.  The gist is that searching for someone who accepts you as you are and fulfills your desires, creates an unrealistic set of expectations that frustrates both you and your partner.  This results in someone relying too much on a marriage partner for their own self-fulfillment.  It creates impossible expectations.

The article instead encourages one to view marriage as the coming together of two flawed people working to create “stability, love and consolation.”  While the search for soul-mates and the one that “completes you” is romantic to think about and makes for entertaining movies, (if you like that sort of thing try, He’s Just Not That Into You) it is unrealistic and overly simplistic.   The article concludes, “[s]imply put—today people are asking far too much in the marriage partner.”  And I would add, and not asking enough of themselves.

You never marry the right person, but the marriage can be right!

Source:  THE MEANING OF MARRIAGE © 2011 by Timothy Keller with Kathy Keller.  Published by Dutton, A Member of Penguin Group (USA) Inc. 

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Do I Need a Lawyer?

This question, “Do I NEED a Lawyer?” is asked of me on an almost daily basis.  It’s one of those questions that when you ask a lawyer if you need a lawyer – you know what the answer is going to be. “Yes!  You need a a lawyer.”  If you are having to ask if you need a lawyer, you probably need a lawyer.

So, when do you NEED a lawyer?

  • When you have been sued.  If there is an active lawsuit you need to see a lawyer.
  • When you have been seriously injured and it was not your fault.  This applies to car wrecks, but it also applies to any injury.
  • When you have been arrested.  Law Enforcement involvement is usually a significant sign that you need an attorney.
  • When there are significant risks involved.  Lawyers are trained to identify and attempt to minimize risk.

Well, you think, if I talk to a lawyer it may make the issue more serious.  Perhaps, but lawyers, for the most part try to help.  Their goal is to advise you, help you, and/or defend you from whatever harm is at issue.  Knowing your rights, being prepared, and being fully informed are never negatives to self-preservation.

Okay, so I need a lawyer. How do I find one? Glad you asked. (click me)

If you think you need a lawyer, You Do.  If you are asking yourself, or others, if you need a lawyer, You Do.

Matthew Thompson is a family law attorney in Mississippi.  He uses an attorney when he needs one and you should too.  Trust the Bow Tie.

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.

Solomon did not “Split the Baby.”

“Splitting the Baby” is a phrase that has taken root in our lexicon.  It references King Solomon’s decision where two mothers were embroiled in a “custody battle” over a child, each claiming the child to be their own. 1 Kings 3:16 KJV

In family law courts, oftentimes the Judges compare themselves to Solomon when making decisions.  These Judges must make tough decisions based testimony and evidence that are frequently in stark contrast depending upon which party was offering up the facts and proof.

In the Biblical Custody Battle, King Solomon was faced with one infant and two mothers.  Solomon did not know which woman was the child’s real mother, so he arranged a test to see if he could determine the true mother.  In Solomon’s case, the real mother was willing to let the other woman have her child in order to spare his life, while the other woman (whose own baby previously died) agreed with King Solomon that the baby should be cut in two, with each woman receiving half.  The real mother in King Solomon’s court was willing to make the ultimate sacrifice of giving the child up, so that he might live.   The Holy Bible, King James Version, 1 Kings 3:16.

These days, however, it seems that when we talk about “splitting the baby” we are referencing making decisions that leave both parties unhappy.  I have heard a Judge say that if both parties leave unhappy then they must have gotten the result right.  There may be some instances where this holds true, however there was no splitting in the Biblical version of Solomon’s decision.

Splitting the baby may be the solution if it’s not an actual baby.  But the wisdom of Solomon is remembered, celebrated, and often cited because he, in fact, did not split the baby.

Thompson Law Firm, pllc     Matthew Thompson     (601) 850-8000

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What to do when your Thanksgiving Black Friday is Stolen; Identity Theft

With Thanksgiving and Christmas quickly approaching, it is always a good idea to be vigilant in protecting your identity.  Along with serious shopping comes a serious chance of having your identity stolen.

stockimages /freedigitalphotos.net

Clients frequently inquire about what can be done about stolen identity and fraudulent charges. The following are steps you should take immediately.

(1)      Contact the local police department and file a report of the theft.  Be sure to take as much documentation of the ID theft as you can.  *(Not all police stations will want to take the report, but the Federal Trade Commission has a Staff Memorandum to Police on the Importance of Taking Identity Theft Police Reports  which may be helpful in having the report filed.)

(2)      Contact any creditors for the accounts that you believe have been corrupted or fraudulently opened.

a.           Ask to speak with the Fraud or Security Department and inform them of the theft.  Some companies accept an Identity Theft Affidavit, but some require particular documentation to be provided.  Be sure to obtain the specific address to which a dispute letter or ID Theft Affidavit should be mailed.  Follow up the conversation with a letter.

b.          Request that the company provide all documents underlying the fraudulent activity.  By law the Fair Credit Reporting Act section 609(e), provides that creditors must give you a copy of the application or other business transaction records relating to your identity theft free of charge. Creditors must provide these records within thirty (30) days of receipt of your request. In order to obtain these records, you must mail your request to the address chosen by the creditor. Contact the creditor’s fraud department by telephone to find out if the creditor has chosen a specific address.

c.            If someone is misusing your existing checking account, accounts, or electronic funds transfers, such as your debit card, you should dispute in writing any charges run up by the identity thief on those accounts. Insist on having debits reinstated. Ask the representative to send you the company’s fraud dispute forms.  Dispute any bad checks passed in your name with merchants so they do not start collections actions against you.

 (3)      Contact the Fraud Department the credit reporting agencies (CRAs).  Inform them that you are an identity theft victim and that you wish to place a fraud alert on you file, as well as a victim’s statement requesting a call to you by the credit bureaus before opening or changing credit accounts.  An initial 90-day fraud alert will be placed, and this can be extended to 7-years, or a credit freeze can be placed.  (As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge.  The victim should receive confirmation letters from all three CRAs confirming the 90-day fraud alert.  If no letter is received, the individual CRA should be contacted, and the victim may be asked to provide additional proof of the identity theft.)

 The three major credit agencies and their contact information are:

1.  Equifax
For Fraud Alerts, call: 800‑525‑6285 and write:
P.O. Box 740241, Atlanta, GA 30374‑0241
2.  Experian
For Fraud Alerts, call: 888‑EXPERIAN (397‑3742) and write:
P.O. Box 9530, Allen TX 75013
3.  TransUnion
For Fraud Alerts, call: 800‑680‑7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634

(4)      Each CRA will provide a free credit report.  The victim should review the report.  The victim should review the reports for errors.  If there are errors the victim will need to contact the CRAs in order to correct the credit reports.  The CRAs are required to block fraudulent items that the consumer did not open or that the consumer did not make.  Attempting to have the report corrected can be initiated by the victim sending an Identity Theft Report (police report), letter explaining what is fraudulent (highlight areas on the report), and proof of identity.

(5)      File a report with the Federal Trade Commission (FTC) on their Identity Theft Hotline at 1‑877‑IDTHEFT (1‑877‑438‑4338) or their website at  www.consumer.gov/idtheft.

(6)      Contact the Consumer Protection Division of the Mississippi Attorney General’s Office and request an ID Theft Packet at 1‑800‑281‑4418.  Complete the ID Theft Affidavit in the packet and return it to this address:

Mississippi Attorney General’s Office
Consumer Protection Division
Post Office Box 22947
Jackson, MS   39225‑2947

(7)  Once the identity theft dispute has been resolved with the creditor, ask for a letter from the creditor stating that they have closed the disputed accounts and have discharged you of the fraudulent debts. This letter is the best proof if errors relating to this account reappear on your credit report or the victim is mistakenly contacted again about the fraudulent debt.  Keep old files. Although most cases once resolved, stay resolved, in some cases, problems can crop up again.

*Meridian attorney Amanda Evans provided this insightful primer on what to do.
EVANS LAW FIRM, PLLC
2324 Front Street
Meridian, MS 39301
(601) 575-0096
www.msattorneyatlaw.com

Matthew Thompson is Domestic Relations Lawyer in Mississippi and reminds you to be smart when you shop in stores and online.  

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms