Tag Archives: lying

Don’t Lie to Your Attorney- or there will be Consequences…

This is not a threat. This is a fact.

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.

Don’t Lie…much.(& never to the FBI).

Tip of the day: When testifying, do NOT lie. Also, do NOT lie to the FBI.

download.jpg

Lying in Court is perjury, not smart and causes you to lose credibility with the Judge. Lying to your lawyer results in frivolous matters being filed, tried and ultimately can open you up to sanctions of the Court.  Lying to the FBI gets you indicted.

lie
noun
noun: lie; plural noun: lies
an intentionally false statement.
  1. synonyms: untruthfalsehoodfibfabricationdeception, piece of fiction, falsification

If you aren’t sure what the truth is then just say so. Don’t lie.

img_6390

 

Why Lawyers are not sworn in in Court…usually.

Occasionally, lawyers are in Court to give testimony. They are called as witnesses just as a party might be. Usually, the Court waives the requirement of administering the Oath.

images.jpg

While done as a courtesy, it does not reduce the lawyer’s obligation to be truthful. Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

Lawyers are not only subject to the same potential penalties for perjury, but are also subject to Bar Association discipline if lying to the Court, or otherwise violating Rules of Professional Conduct.

Your lawyer should be familiar with these rules and at least know that they exist.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds Lawyers, you have to tell the truth too.

Visit the website: Thompson Law Firm

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

black-bow

LIAR: It’s still a Lie even if YOU believe it.

A lie gets halfway around the world before the truth has a chance to get its pants on.” Winston Churchill

gallery-thumbnails
freedigital photos.net jasadaphorn

Everybody lies. The ones to watch out for, however, are the ones that believe their own lies. It’s not ALWAYS someone else’s fault. It’s not ALWAYS you being the victim. The Judge was not bribed, the fix was not in, and it was not a vast conspiracy between the lawyers, the Court and the FBI.

Lying is the act of knowingly and intentionally making a false statement. Lies are often told out of fear. Usually lies are defensive and are told to avoid the consequences of the truth. They are often white lies that spare another’s feelings, reflect a stereotypical societal attitude, or to appear as a civilized human. Pathological lying is considered a mental illness as the lies take over rational judgment and stray into the fantasy world. Pathological lying is described as habitually lying. It is when an individual consistently lies, even if there is nothing to gain. The lies can even be obvious and often pointless, but are told nonetheless.

There are many consequences of being a pathological liar. Due to lack of trust, a lot of pathological liars’ relationships fail. As the lies and disease continues, lying can become so severe as to cause legal problems including; criminal consequences, divorce and issues in a custody case.

Treatment through therapy may help. The problem with treatments is the patient often won’t admit that they are lying. A “normal” person knows when he or she has lied, but the pathological liar may not be able to differentiate between the truth and a lie. Pathological liars believe their lies and may manufacture false memories to support the lies that have been told. Pathological lying may also be a symptom for other personality disorders. A combination of medication and psychotherapy may help a compulsive liar to stop lying routinely.

Matthew Thompson is a Family Law litigation attorney in Mississippi and advises you not to lie!

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

black bow

The TRUTH about LIE Detectors.

“I’ll take a lie detector test!” Famous last words.

http://www.artofmanliness.com/2010/01/08/become-a-human-lie-detector-how-to-sniff-out-a-liar/

Lie Detector Tests and their application in Mississippi Law is limited. The tests themselves are deemed generally unreliable by a legal standard and are not admissible in Court, absent mutual agreement or stipulation otherwise. However, law enforcement relies on them when administered properly. Personally, I have seen testing and the results impact several cases.

First off, What is a Polygraph Test? A test which measures and records physiological indicators such as; blood pressure, pulserespiration, and skin conductivity, while the subject is asked and answers a series of questions. Wikipedia.

During the actual test only the test taker and examiner are present. The questions asked are typically only a few and they are asked a number of times, the exact same way. There are no surprise questions, no questions that are not rehearsed, and no Lamp Shades.

The test is measuring your involuntary responses and during the pre-test phase you are instructed to lie about an answer for comparison to involuntary responses during the testing.

Despite their limited Courtroom application, law enforcement agencies routinely administer Polygraph tests to suspects of crimes and the FBI uses polygraph testing regularly for not only suspects and witnesses, but also testing their own personnel, staff and agents.

I have used Polygraph testing in several cases where issues involved abuse allegations.  In one instance a properly administered and passed Polygraph test helped result in a matter being dismissed by the Court and helped end a criminal investigation and rightly so.

As for the tricks on Ocean’s Eleven on to how to beat the test…well, the FBI tests for counter measures.

Matthew Thompson is a Family Law litigation attorney in Mississippi and encourages you not to lie!

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

black bow

When is Perjury allowed?!?

I hear this often. “I don’t lie to my kids.”

digitalart/freedigitalphotos.net

This is said shortly after one party disclosed the dirty details to the child regarding the other parent.  Followed by the statement, “they have the right to know.”

  1. They do not have the Right nor need to Know.
  2. This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?”  My response?  “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds.  You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

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

The Judge is in Jail

A former Chancery Court Judge in Mississippi is on his way to Prison.

http://davidgaleuk.files.wordpress.com/2012/11/judge-in-jail.jpg

Joe Dale Walker, former Chancellor over Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, plead Guilty in October for his on-the-bench conduct.

Federal charges included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied  talking with the witness about his nephew’s  bids and denied telling the witness that the original low bid needed to be “somewhere else.”

Walker was sentenced to 5 months in prison.  His nephew was likewise sentenced to 5 months in prison and 5 months home confinement.

“Don’t do the Crime, if you can’t do the Time” – Detective Anthony Vincenzo “Tony” Baretta

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

It’s NOT the Lawyer’s Fault that You Don’t See Your Kids

But, for that d@#^lawyer!

rakratchada/ freedigitalphotos.net

I hear this a lot.  “My life was great until my lying ex and her d@#^ Attorney messed it all up!”

Right.

It was all peachy until you;

  • Had an Affair; or
  • Physically Assaulted Your Spouse; or
  • Habitually Abused Illegal Drugs; or
  • Threatened Physical Violence; or
  • Took Your Children and Refused to Return Them or Disclose Their Location; or
  • Refused to Support Your Family; or
  • All of the Above, and then some…

Is life fair? Certainly NOT.  Do your actions directly impact the quality of that life? You better believe it. So maybe your lying ex and her d@#^ attorney are NOT totally to blame.

  • Do What has Been Ordered of You
  • Be the Best Parent you Can be
  • Don’t Threaten, Harass, or Make False Allegations

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi and believes that you reap what you sow.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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