Tag Archives: Court

Divorce, General Legal

Courtroom Jitters

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Testifying in Court is the most nerve-racking experience for the parties in a case.

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The number one phobia among human beings is public speaking, not death, heights, or spiders. Evidence of this can be seen daily. Add to it the pressure of being involved in serious litigation and Courtroom Jitters are to be expected.

I have seen witnesses forget the answer to the most basic of questions due to stage fright. I had a witness forget her address, the one where she had lived for years. I’ve seen a deposition transcript where the husband going through a divorce lost his cool when asked his name. To him the question was insulting because they had been married for years. The anxiety of being in that situation got the better of him.

A colleague told me she had a witness freeze while being questioned about adultery and then lie about the affair even though he knew the other side had “it” on video! After the lie the attorney requested a short recess. The client said he panicked and just said,”NO!” ( while Nancy Reagan would have been proud, it was perjury). After the recess the opposing attorney asked to play the video to impeach the witness. The witness admitted the affair, but it was too late. The court ordered the video be played.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi. Stage fright happens and is real. The best advice is avoid Court. The second best advice is prepare, prepare, prepare.

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

Divorce, General Legal

Do NOT take this to Court.

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Spending many hours in Courtrooms throughout the State of Mississippi I have learned some things and seen some stuff.  Today are the things that you should NOT bring to Court.

So you know to bring the evidence you need, your witnesses, and your attorney.  But, what should you NOT bring:

  • Food/Drinks.  This is a standard Court rule.  There are usually vending machines in the halls.  Even attorneys cannot get away with this one.
  • Cell Phone.  Again a fairly standard procedure.  With every phone having audio and video recording options, cell phones are on the short-list of no-nos.
  • Purse.  My purse?  Yes.  The Court does not allow purses these days.  Leave it in the car.
  • Weapons.  Any kind of weapon, including but not limited to pocket knife, scissors, obviously firearms.  Most Court have metal detectors.
  • Hotheaded Relatives or Friends.  The Court does not need your Uncle in the audience guffawing, sighing, snickering or gossiping during Court. If he cannot control himself he’ll be removed from the Courtroom anyway.
  • Crying Babies.  The days of babies being necessary for Court are over.  No longer will the jury/judge look at the baby and look at the putative father to see if there is a resemblance.  Don’t take a baby to Court.

Matthew Thompson is a practicing attorney in Mississippi Divorce Court.  NO SHOES, NO SHIRT, NO COURT!

Divorce, General Legal

Patience is a Virtue.

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I’m sitting in Court this morning with some very impatient people around me.

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People who would rather be anywhere but here, I gather.  So, what’s the take away? Court does not always start at 9:00 sharp, or even on time. Be patient.

The importance of your case pales in comparison to someone else’s case, at least to them. Be patient.

Take a crying baby into Court, try everyone’s patience.

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts and is usually patient.

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

Bow Tie, General Legal, Opinion

Your Day in Court.

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“Everyone has his day (in court) and some days last longer than others.” – Winston Churchill (a paraphrase).

I had a victory today in Court. I was in County Court of all places, somewhere that I do not frequent. It was not a family law case either. It was a dispute over money though, and I deal with that a lot. It was a fair trial, in front of a fair judge that went to great lengths to hear both sides.

“It’s funny how the outcome of Court determines whether you had ‘your day’ in Court or a ‘long day’ in Court” – Matthew Thompson

Matthew Thompson is a  Family Law Professor at MC Law and a Family Law Attorney and can help you to have your day in Court.

Follow the blog: BowTieLawyer  

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, Crime, Divorce, Opinion

Never Do This in Court! (or This!)

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Court.  The most anxious, stress-filled, loss of control decision a person can make.  Even with careful preparation it can be unpleasant.  Without preparation it can be a nightmare!

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So what should you not do in Court?

  • Don’t argue with the Judge.   Even if the Judge is “wrong,” “mistaken,” or “backwards.”  Leave the arguing to the attorney.
  • Don’t argue with your attorney.  Short of catastrophic representation meltdown listen and heed your attorney’s advice.
  • Don’t argue with the other attorney.  Just answer the questions asked, explaining if necessary.  Personal jabs, smart-alleck responses and witty banter are not needed.

So that’s what you should not do, but what should you NEVER do?

  • Never give sassy responses to the Judge.  This is different from arguing. Oftentimes the Judge will have questions for the witnesses.  The responses and the manner given matter.  For instance, in a hearing where both parents sought custody and child support, the father said that he did “NOT need ANY child support nor ANY money to care for HIS kids…”  But, he then objected to having to pay any child support as he had limited income.  The Court made note of his inconsistency.
  • Never criticize the other parent for conduct that you also do.  On another occasion a parent was being especially critical of the other for “leaving” the children at day care all day and not picking them up until the “last-minute,” around 5:30.  Well, this parent had also just testified they were self-employed and could get the children at any time, because his schedule was so flexible, but did not.  This irked the Judge.
  • Never lie. (PERJURY)  You will get caught.  The truth is easy to remember. Remember, usually, it’s not the crime but the cover-up that gets you.  The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny.  He testified under oath that his expenses exceeded his income by over $10,000 per month.  The problem?  He had no debt. This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be.  Perhaps he had a money tree out back.  The Judge imputed income and based his obligations on what he stated his expenses were and what apparently his income was.

Matthew Thompson is an Adjunct Professor- Domestic Relations at MC Law and a Family Law Lawyer.  Don’t do these things in Court if you know what’s good for you!

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

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Child Custody, Child Support, Divorce, Grandparent Visitation, Modifications, Opinion

Going to Court is HARD.

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I have blogged recently about Why Settling Your Case is Best, avoiding Court, and Why Going to Court is “Best.”  The gist of the former being settlement is preferred for having a say in the final outcome and having predictability and the latter, going to Court is best when there is no room for compromise.

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Unfortunately, I have been involved in the latter, a case where there was no room for compromise.  From my perspective one party was primarily the aggressor and was encouraged by the attorney to take unreasonable positions and force the matter to Court.  Of course, they did not view their own positions as meritless.  Also, I’m sure they thought my client and I were wretches…

Regardless, hard feelings abounded.  This case had some history.  What should have been a run of the mill divorce and custody matter was extremely contentious and was litigated over an issue that was not an issue.  In Round One, after most of a day of trial, the Court stopped the matter and told the other side they were going to lose on their issue and the case did settle.

But, like the A-Team, they had a plan!  Just a few months after it was final they decided another bite at the apple was proper. Based primarily on speculation…which was eventually admitted at Court, the other side sought to change the deal they had agreed to just months prior.  Round Two in Court was based on rank speculation.  After hours of testimony, haughty lecturing, and what can only be described as highly stylized testimony by the aggressive party and deeply emotional testimony by the other, the Court dismissed the case.

So, what is the take away?  Sour grapes?  I don’t think so, at least not  on my part.  It made me realize, yet again, Court is HARD.  It is not fun.  It is emotional.  And, even when you win, nobody wins.  Here’s what else can be guaranteed, when you successfully defend against baseless claims from the other side who thinks they are completely in the right when they are not, you better get ready for posturing and Round 3!

Matthew Thompson is a family law attorney and knows that sometimes even when you win you don’t win.

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

General Legal, Pets

The Day the Raccoon Went Berserk

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Raccoon-disrupts-Adams-County-Circuit-courtroom

Raccoon

 

The day the Raccoon went berserk in Adams Circuit Court, they were jumping pews and shouting Hallelujah!
– apologies to Ray Stevens #bowtielawyerms

 

Matthew Thompson is a family law attorney and warns you to watch out for Raccoons in Court.

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

 

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

Why Going to Court is “BEST.”

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This post is advice rarely given or taken.  I have previously blogged on Why Settling Your Case is BEST!.  Settlement is usually BEST, but sometimes Court is inevitable…

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Why going to Court is Best, or the BEST alternative;

  • It allows you to tell your side of the story.
  • Somethings you CANNOT compromise on.
  • The Judge may be in the best position to hold someone accountable, who needs to be!

Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have.  Sometimes what you want and what a Judge can award are not congruent.  However, sometimes what the other side wants, a judge would not give them.  Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight.  Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.

Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.

You may contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms