A: Yes…uhm, no…I don’t know whose writing this is. I don’t know what this means…
Opposing Attorney: Objection. It’s obviously not a true copy, as the original does not have writing and marks on it.
Court: Objection, sustained.
Court rules on Evidence do not always make sense. Something that is obvious to you and most reasonable persons may very well violate the requirements of authentication of documents.
In almost every case witnesses write on documents and pictures. You think highlighting where he called you a “piece of work” adds emphasis. It may just render that email useless. Yes, even circling the curse words and disparaging comments can render that exhibit not authentic.
Do not write on the email chain, do not use sharpie on the photographs (certainly not the actual photograph). So how do you show empahsis?
Use Post-It notes. Use as many as your heart desires. Use multiple per email. Use different colors of Post-It notes. Use different sizes. Have at it!
Matthew Thompson is a civil trial lawyer and wants you to be able to use ALL of your exhibits.
We all mess up. It happens. However, when our mess up negatively affects others, merely fixing the mistake is not enough, especially when it’s a child.
Being an adult can be hard. Being a parent is hard. Being an adult that has to deal with children is hard. Making mistakes is inevitable. However, how those mistakes are dealt with is the difference between showing a true servant’s heart and being a cold, unapologetic robot.
As a parent, we have all messed up. A quick, heartfelt apology is always best. To the extent you can fix your mess up, you do it. When the correction causes more trauma, you don’t.
A child does not need to learn from an Adult’s mistake – even an honest mistake. That isn’t teaching the child a lesson. That’s actually showing adults are not accountable for their actions.
“My bad, but you suffer…”
Also, admitting your mistake is good. But the way its handled thereafter matters too. A heavy-hand is not always the best. Being respectful never goes out of style and attempts to deescalate problems is the #1 priority when dealing with these situations.
A wise man once said the referee could throw a flag on every play, wisdom is not doing so. Also, sometimes picking that flag up and waving it off is the right thing to do.
The lesson here is ultimately do the right thing. Protect the child, be honest, but don’t make that child suffer because of your mistake.
Also, it’s NEVER too late to do the right thing!
Matthew Thompson is a family law attorney in Mississippi and advises parents/adults to not make a child suffer because of your mistake.
“Ethan’s, Hailey’s, and Bentley’s Law“1 requires a sentencing court to order a defendant who has been convicted of vehicular homicide due to intoxication, and in which the victim of the offense was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school.
Cecilia Williams , grandmother of, Bentley Williams, 5, and Mason Williams, 3, is raising her grandchildren after their parents were killed April 13, 2021, in a drunk-driving accident in Missouri.
Tennessee Gov. Bill Lee signed the bill on May 25, 2022.
Along with Tennessee, Bentley’s Law has also been introduced in Missouri, Louisiana, Ohio, Pennsylvania, Virginia, Illinois, Alabama, South Carolina and Oklahoma. Vermont, Massachusetts, Hawaii, Kansas, Arkansas, Delaware, Wisconsin, Arizona, California, Colorado, Florida, Indiana, Michigan, Texas and Utah have stated plans to introduce similar laws during 2023 sessions.
David G. Thurby, 26, of Fenton, TN was charged and convicted of three counts of involuntary manslaughter in connection with the fatal accident in Byrnes Mill, Missouri.
After the fatal accident on April 13, 2021, Thurby was arrested and told a Missouri State Highway Patrol trooper that before the crash, he had seven shots of Crown and water, and a preliminary breath test showed Thurby’s blood-alcohol content was .192 percent, more than twice the legal limit, according to the probable-cause statement in the case.
A jury found Thurby guilty following a trial in front of Jefferson County Circuit Judge Victor Melenbrink.
In March, Judge Melenbrink sentenced Thurby to four years in prison on each of the three counts. Two of the counts are to be served consecutively with the other to be served concurrently, meaning Thurby is to serve eight years in prison.
Williams has set up a Facebook group called “Bentley’s Law” to share updates about the law’s progress in each state.
Matthew Thompson is Child Support lawyer in Mississippi and supports a law such as this in Mississippi.
Mississippi SENATE BILL NO. 2644 proposed common sense changes to divorce laws. The legislation met a common fate of most proposed changes to bring MS in line with 48 other states. IT DIED.
Description: Divorce; authorize where marriage is irretrievably broken. Disposition: Dead
The proposal would have allowed for a basis for divorce if parties had been actually separated for over 1-year and would have allowed the Chancellor to grant a divorce if he/she was convinced that the marriage was irretrievably broken.
That is all that was proposed. It failed. Again.
Matthew Thompson is a divorce/family law attorney and still supports common sense changes to family law in Mississippi, as he has for 18-years.
Mississippi considers legislation to make common sense changes to Family Law.
Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”
This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.
These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.
Lawyers give their best advice based on what the client tells them. Based on what the “facts” are can significantly impact not only the outcome, but also the advice given.
Routinely, clients have denied certain conduct and based upon those assertion, advice is given. Then, the other side files a pleading alleging the very conduct. Many times I have called opposing counsel and asked that they provide the proof, as it may well change my advice.
When you lie to your lawyer it impacts your case. It impacts the advice given. It impacts the strategy of the case. It also impacts what your lawyer believes from you thereafter. AND, it can also impact the outcome of your case.
So, did you lie to your attorney about a material, critical part of your case? Did that lie effect the advice given and strategy used? Did that lie come back to bite you in the tail (and could have been minimized had you just told the truth)? So, think long and hard about lying to your attorney – – and don’t do it.
Matthew Thompson is a civil litigation attorney and knows the adage of if your lips are moving you’re lying, but still wants to believe the clients.
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