Child Custody, Child Support, Divorce, Marriage, Opinion

Judges Love This – Making a Comeback; Turning Adversity into a Positive

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I’m not going to go all Tony Robbins on you, but Judges love a comeback story.

Adversity is a part of life.  Oftentimes it is self-inflicted. I see a lot of clients that do things that are against their own best interests and it is a safe bet that at the next hearing they will have to answer questions about it.  However, just because you did some things you should not have does not mean you should give up and wallow.

I represented a client who was an alcoholic.  This person would drink themselves into oblivion and was an abusive person under the influence.  As expected it lead to trouble in the marriage and home-life and with work.  It impacted every aspect of their life.  He was sued and the wife sought temporary custody and sought to get temporary support.  He was served and summoned to a court date.  We showed up and the other attorney was expecting a fight.

We had a conference with the Judge and the other attorney told the Court all of the awful things my client does while under the influence. The Judge, so used to hearing two or three sides to every story, asked for my take.  I advised the Judge my client had a serious problem with alcohol and when under the influence acted in an inappropriate and unjustified manner, however when sober was a great father, worker and person. That the real issue was addiction and that my client needed help.

The Judge and the other side were surprised by the candidness displayed.  The Judge told a story of her own relative who struggled with alcohol abuse and that she wished he would have had the opportunity for help. The Judge stated that if he admitted a problem that she would assist in getting him help and would not hold it against him.

He was committed to an alcohol treatment program and his support obligations were held in abeyance pending completion.  It was exactly what was needed.

You can turn negatives into positives, you just have to stop doing the negatives…

Matthew Thompson is a Mississippi Divorce Attorney and will try to help you turn adversity into advantage.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce

Happy Thanksgiving!

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Appeal, Divorce, Marriage

Mississippi Same-Sex Marriage Ban Struck Down

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“Down goes Frazier!” – Or rather Mississippi’s ban on same-sex marriage.

On Tuesday, Federal District Court Judge Carlton Reeves did two things simultaneously; 1) He struck down Mississippi’s Constitutional ban on same-sex marriage paving the way for same-sex couples to finally marry in Mississippi…,but not so fast. 2) Judge Reeves also issued a stay for two weeks to allow the State of Mississippi time to appeal the ruling to the 5th Circuit Court of Appeals.

This means the MS Constitutional ban is no longer valid, however enforcement, or rather same-sex marriage, is put on “hold” in this State pending the 5th Circuit ruling.  So more of the same for now.

The 5th Circuit has arguments set for early January regarding cases out of Texas and Louisiana over same-sex marriage prohibitions.  The 5th Circuit’s eventual ruling will apply to Texas, Louisiana and Mississippi.

Stay tuned.  New developments will be blogged as they occur.  The next round will likely be in a few months.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law in Family Law and is closely following these pending cases and the impact they will have on marriage in Mississippi.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Child Custody, Child Support, Divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, General Legal, Opinion

“Thomas Jefferson” Disbarred

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Kansas Attorney Dennis Hawver has been disbarred due to “inexplicable incompetence!”

Hawver committed a number of blunders throughout the case, among them include;

  • At trial, Hawver described his client a “professional drug dealer” and a “shooter of people,”
  • Hawver  argued at trial that his client would never have left a witness alive if he had shot the two women victims.
  • Hawver did not investigate alibi witnesses and did not track his client’s cellphone to find his location at the time of the murders.

His explanation?  “I had no idea that cellphones had GPS capabilities at that time,” he said. “Did you? I didn’t. If I had known it, I’d have been on it like a dog on a bone.”

  • Hawver had never previously tried a capital murder case and had not tried a murder case in more than 20 years.
  • He was unfamiliar with ABA guidelines for trying capital murder cases.
  • He informed the jury his client had previously been convicted of voluntary manslaughter, even though prosecutors agreed to a stipulation that the client had a prior felony conviction without further details.
  • He failed to seek dismissal of the capital charge after the Kansas Supreme Court struck down the death penalty scheme.
  • Hawver had said he had no funds for a pretrial investigation and he did not call the indigent defense board to explore whether funding was available to support his representation.
  • He also said he did not recall whether a board representative had called him with an offer to provide co-counsel, investigators, consultants and expert witnesses, but he does not contest that an offer of funding was made.
  • During the sentencing phase of the trial, he said the killer should be executed.

During the arguments concerning attorney discipline, Hawver named Thomas Jefferson as his hero and says he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

Matthew Thompson is a Mississippi Family Law Attorney and advises all potential clients that if your attorney dresses as a Founding Father for Court it is time for a new attorney.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, Divorce, General Legal, Marriage

Mississippi: Same-Sex Marriage and the Rational Basis Argument

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Any minute Mississippi will be in the national spotlight.

At issue are two pending Federal Court cases attempting to strike down the ban on Mississippi’s Constitutional restriction against same-sex marriage, and a state law prohibiting same-sex adoption.  The arguments have been made and the matters are in the “bosom of the Court.”

The question that the Court is deciding is whether there is a “Rational Basis” for the State (Governmental entity) to restrict the rights of citizens eligible for marriage to one another.

The Rational Basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.

During the arguments the Judge asked what is the State’s rational basis in preventing these persons from marrying and adopting.  The State’s response was “responsible procreation.”  Based on that response the Court’s ultimate task is to determine 1) is “responsible procreation” something the State has a legitimate interest in, and 2) are the State imposed restrictions rationally related to that goal.

A ruling should come swiftly and the early indications, based on the Judge’s questions and the reception of the arguments presented, are that Mississippi will be the next State to recognize and allow same-sex marriage.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law -Domestic Relations and is closely following these pending cases and the impact they will have on Mississippi Family Law.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Child Custody, Child Support, Divorce, General Legal, Modifications, Opinion, Visitation

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Marriage

Mississippi & Same Sex Marriage; The End or the Beginning?

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Think about this question posed by Federal Court Judge, Carlton Reeves, yesterday:

“What is the state’s rational basis that same-sex couples can’t marry … and its prohibition of same-sex couples from adopting children when all a child wants is to be loved, and they don’t care by whom?”

At least two instances of persons challenging Mississippi’s ban on same-sex marriage and adoption are now pending before the Federal District Court. A number of Federal Circuit Courts have struck down similar state bans and the trend is growing.

The response to the Judge’s inquiry was “responsible procreation.”  However the days of “having” to be married to procreate have gone out the window. Additionally, it has no bearing on infertile couples, elderly couples or even prisoners, all of whom still have the legal right to marry so long as it is a person of the opposite gender.

Mississippi’s ban, I predict, is the next to be struck down. There’s not a rational basis for gender discrimination when it comes to marriage.  There are arguments on a religious basis and tradition, but neither of these arguments will carry the day, nor will responsible procreation. These cases and the Mississippi law really turn on same-gender arguments and whether there is a rational basis, the legal standard required, to place limitations on the rights of same-gender couples as opposed to purely sexual orientation arguments. Stay tuned.

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Matthew Thompson is a Mississippi Family Law attorney, Adjunct Professor of Domestic relations, admitted to practice before the U.S. Supreme Court (pictured above) and predicting a change in Mississippi law very soon.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, Child Custody & Support, Alimony, Contempt, Modification, Adoption, Appeals, Corporate Counsel, Professional Licensure Issues, and Civil Litigation.