Don’t Kill the Golden Goose!

05/16/2014 BowTieLawyer Leave a comment

That dirty, no good, weasley, little, you-know-what deserves to be run out-of-town on a rail and have it shouted from the roof tops that he’s sorry and no one should do business with him! Right??

Goose that Laid the Golden Egg Hand pulled silkscreen ca. 1950

WRONG!

Your initial reaction of disdain and disgust are understandable. But, bad mouthing the bread-winner in a divorce situation is akin to cutting off your own nose to spite your face. A New York divorcee recently learned the hard way, costing herself six figures in the process. She attacked her husband publicly for his reprehensible conduct and cost him significant business and dramatically decreased the value of his law firm.

It was needlessly self-destructive. That bread-winning spouse maintaining the ability to bring home the bacon will allow you to get more cheddar!

So, bad-mouth him to your lawyer, to your counselor and your mamma, but don’t run him down the road to his co-workers, don’t email all of her clients that she’s a home-wrecker.

Will it be easy? No. Is it the right thing? Maybe. Is it the Smart Play? Absolutely.

Matthew Thompson is a Divorce and Domestic Relations Attorney in Mississippi and if your goal is to have more bread in your pocket do NOT kill the Golden Goose.

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

General Legal

Recording the Police (and this has nothing to do with Sting)

05/15/2014 BowTieLawyer Leave a comment

“It is perfectly legal to record on-duty police in every state in the country. That includes states that require all parties to a conversation to consent in order for that conversation to be recorded. Those laws all also contain a provision that the non-consenting party has a reasonable expectation of privacy. So far, every court to rule on this issue has found that on-duty cops in public spaces have no expectation of privacy and that recording them is protected by the First Amendment. (The U.S. Supreme Court has yet to weigh in on the matter.) In nearly all cases, the charges are eventually dismissed…”

– Radley Balko, Washington Post, The Watch

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.

Follow the blog:#BowTieLawyer

You may also contact Matthew with your family law matter or question at (601) 850-8000

Divorce, Food Related

I Can’t Believe It’s Not Butter & Divorce: What you Need to Know

05/14/2014 BowTieLawyer Leave a comment

Per Capita Use of Margarine and the Declining Rate of Divorce in Maine

A website that has emphasized Spurious Correlations has made the connection between Per Capita Consumption of Margarine in the United States and Divorces in the State of Maine. As one has declined so has the other.

While scientist cannot directly link a cause and effect, perhaps using less margarine may make a stronger marriage…

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. 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

Child Custody, Divorce, Opinion

Happy Mother’s Day!

05/09/2014 BowTieLawyer Leave a comment

Mother’s Day is Sunday.

Make sure that the mother of your children is recognized. Mothers are the most influential force on a child. Dads are important, no doubt, but a hug from mom makes everything better.

Too often, in separated families, the dad takes the position that “well, she’s not MY mother” and leaves it to the kids to take care of. Don’t. Help your child get an appropriate Mother’s Day gift, every time.

Send flowers, give a card – handmade by junior is a winner every time, a gift certificate for a massage, a dinner, the movies, or bowling, whatever it is, Do it.

Thompson Law Firm wishes all of the Mother’s out there a Happy Mother’s Day!

Divorce

Is Your Lawyer Just Running Up a Fee?

05/08/2014 BowTieLawyer 1 Comment

Lawyers and their fees, the bane of the client’s existence.

Lawyers bill in several ways, most commonly with retainers and hourly billing. A retainer is unearned money that is placed in the lawyer’s Trust Account. As the lawyer works on your case, talks to you, meets with you, emails, texts, or thinks about you, the lawyer charges you. As your charged the money is pulled from the Trust Account into the lawyer’s Operating Account. When the retainer gets low the lawyer sends a nice letter, called a “Replenish Retainer” letter. It says send more money. The client then calls and asks “how much is this going to cost me?” The response is ALWAYS the same, “It depends.”

Another way to bill is Value Pricing, or fixed fee pricing. This is when there is a pre-negotiated or agreed upon price on the front end of the case. The client and lawyer agree to the fee, the timing and circumstances under which it is due. Here the client knows how much it is going to cost them. In my experience most lawyers do not like this method because “high fees” scare clients away and some lawyers are not comfortable quoting fixed fees because they may limit what they can charge.

There are pros and cons to each method. The hourly billing method is great if the matter settles quickly, but persons in the position needing lawyers are rarely in the settle-easy category. The fixed fee method allows you to plan, budget and make a fully informed decision.

Whatever method your lawyer uses, make sure you understand it. Make sure you appreciate the full cost and expense you are facing.

Thompson Law Firm uses the Value Pricing and fixed fee approach to handling your legal matter.

Crime, Divorce, General Legal

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

05/07/2014 BowTieLawyer Leave a comment

“Monicagate, Lewinskygate, Tailgate, Sexgate, or Zippergate”

Whatever you call it, it’s the case that parsed words over what the definition of “is” is and put a focus on what is and is not sex-and ergo adultery.

Mississippi defines Adultery as uncondoned Sexual intercourse with a person of the opposite sex, not your spouse. To be adultery you have to be legally married, then have intercourse with a person, not your spouse, of the opposite sex, without permission of your spouse before or forgiveness of your spouse if after. What a definition!

Uncondoned – is the part that requires it not be with permission or forgiveness, whether before or after.

Sexual Intercourse – is the part that requires sex, and what Bill Clinton based his testimony on.

Opposite sex – is the part which requires the other person be the opposite gender from the adulterer. This one is interesting as technically speaking a same-sex rendezvous does not meet the definition of adultery, maybe for a number of reasons.

Not your spouse – is obvious.

A Valid marriage – usually obvious, but every now and again that issue comes up. If you are not legally married, then it is not adultery. Mississippi abolished common law marriage over 50 years ago.

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

Whether is means now or is mean was, consult an attorney if you find yourself in precarious or Lewinsky-like situations.

Crime, Divorce, General Legal

Pleading the 5th in Divorce

05/06/2014 BowTieLawyer 1 Comment

“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked. The reason is divorce cases are civil matters, by their nature. Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime. Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless. Due to this you may invoke the 5th. However, you have not outsmarted the system. Pleading the 5th in a civil matter creates a presumption that you did what was asked. Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney: Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith: I plead the 5th.

Attorney: Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge: Duly noted.

Why do it then? The witness does not have to disclose the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer

Divorce, General Legal

When to Have a “LIE” Ready to Go.

05/05/2014 BowTieLawyer 1 Comment

It seems that in Family Law everybody lies…

I have blogged on the Top 5 Lies of Divorce Clients, as well as It’s ok to Lie to your Children (sometimes). But, there are times where you should have a “lie” ready to go.

When are the Times When you NEED a Response Ready to Go?

When you are first meeting with the attorney and are not ready to disclose that to the other side. Have a story ready. If you are a terrible liar also take a short shopping trip or have lunch with someone so you can truthfully say that is what you were doing.

When you are investigating/following/checking up on the other side. Have a story ready for when you get spotted. I use several PIs for various aspects of what I do. They always have a detailed, believable cover story ready to explain their presence.

When you are not ready to “Show your Cards.” The other side wants to create a ceiling for what you want out of the divorce and you are not ready to say what you want. Have some response ready, however.

Should you lie? No. Are there times when it is in your own best interest to do so? You better believe it!

Matthew Thompson is a Family Law Attorney 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