Everyone wants a good deal, myself included. However, often in life you get what you pay for!
We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.
But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.
I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.
I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.
My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.
Matthew Thompson is a civil litigation attorney in Mississippi.
Mississippi making national news is usually a very, very bad thing.
Photo credit: Magnolia State Live
However, UMMC pediatric anesthesiologist, Dr. Charles Robertson has Mississippi in the spotlight for all of the right reasons.
Dr. Robertson spearheaded an effort to create the “absolute simplest ventilator we can build with parts available in any city, you don’t need specials tools to put together and can be done quickly as the need arises.” Clarion Ledger.
The “Robertson Ventilator” is made from a section of garden hose, lamp timer, electronic valve and various couplings. Each can be made for around $50.00 in parts and in 20-30 mintues.
While these are true emergency, last resort machines, with the COVID-19 pandemic and a potential shortage of ventilators, these could literally be life saving devices.
Dr. Robertson was featured on WLBT-3 with a live unveiling and demonstration of the Robertson Ventilator in action. Since the debut this device has been publicized by every major news service in the state, numerous out-of-state publications, and nationwide entities, including the USA Today and the CATO institute .
Dr. Robertson was also quick to point out that he did not build the current stock of approximately 170 units by himself. He had assistance from his colleagues, co-workers and others, pitching in as they were able to procure, prepare and produce the Robertson Ventilators.
Mississippi is actually world renowned for its medicinal pioneering. Dr. Robertson is the next in line following the Hippocratic Oath and serving the residents of the State of Mississippi.
The need is great! Mississippians are nationally renowned for their charitable giving. Per capita we are the most generous state. In this time of crisis the need is greater than ever.
I am asking for your help. If you are able, the below items are in high demand for families in Mississippi and especially in the Jackson Metro area. We are working with Calvary Baptist Church and His Heart to try and help fill this void.
So what can you do? Pack 1 food box to-go with non-perishables. Contact me to retrieve and deliver. (601)906-6545
If you can do more don’t hold back. If you are not comfortable or in a position to give, please just pass along this request.
We can all get through this by working together and helping as we are able.
Matthew Thompson is civil litigation attorney in Mississippi and is focusing on the civil part and reminds you to keep your social distance!
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.
(601) 850-8000 - - BowTieLawyer.MS 