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!
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: BowTieLawyerVisit 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
There is an old lawyer joke… How do you tell when your client is lying to you? When their lips are moving. Lying to your lawyer is a really bad idea for multiple reasons. It is primarily bad because advice can change based on the facts of your circumstance and if we, as the lawyer, do not know the facts our advice may not be right. And the whole perjury thing is bad too. Without further ado, here are the top 5 lies that clients tell.
5. Lies about Income.
Clients that make a lot of money often understate their income. Also, I have had clients say they make more than they do, I guess because of embarrassment. It is a really bad idea to lie about income regardless of the reason. The other party has the right to get pay records directly from your bank or employer and lying about making more than you do can result in you paying more than you owe.
4. Lies about their role within the Home.
The husband comes in and says he does all of the cooking, cleaning, child rearing and otherwise paints himself as Martha Stewart, when he is more like Haagar the Horrible. Out pillaging, but not big on household chores. This matters because it effects the division of assets and has custody and alimony applications.
3. Lies about Other Marital Fault.
#3 is other marital fault because it is saving room for #1. But this means that the client tells you about how awful the other party was. How they were attacked or provoked and only reacted and defended themselves. They “forgot” to mention the domestic violence conviction and the meth lab in the garage. Oops.
2. Lies about Value$.
In a similar vein to lies about income, clients understate the value of investments, collectibles and businesses. This can be very significant and a husband that misled the Court about the value of his privately owned business resulted in the wife coming back after the fact and getting more value when he had a falling out with a business partner. Also, that 1953 Chevrolet Coupe is worth more than you are saying it is.
1. Lies about Adultery.
#1 for a reason. It’s hard to admit when you are wrong. By the way, “I didn’t have an affair, it was just a one-night stand,” is still an affair. It is adultery. Lying about this can bumfoozle a legal strategy of trying to prevent the divorce. If the other party has grounds against you and wants a divorce they can get it. If you lie about it chances are you will eventually be caught.
These are just some of the lies told everyday. It is important to tell your lawyer the truth, including the dirty details. It can make a difference in your case.
Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!
If you or I answered questions in Court like the presidential candidates do at the recent town hall debate we would be running the risk of being held in Contempt!
Courtesy of freedigitalphotos.com
In Court parties/witnesses must answer the question asked. It is preferred that the answer be “yes” or “no” and then an explanation offered if necessary. Obviously if it’s not a “yes or no question,” answer the question asked. This can be very difficult to do and takes practice to get this right. One of the things that can aid this is to practice or rehearse the actual questions with your attorney. By way of example, one of the candidates was asked does the Dept of Energy consider its role to work to reduce gas prices. The answer given was not “yes” or “no.” I am actually not sure what the answer was…and I listened to it.
If you find yourself in Court, not answering the question asked may result in the Court to conclude you are being deceptive. This is not an impression you want to create.
Another thing to be sure of is to answer only the question asked. Do not answer what is not asked and do not offer more than what is asked. The best example I can think of is when a party was asked if they had committed an affair with “Mary” since the separation. The answer was, “I have not committed an affair with ‘Mary’…since the separation.” There was an awkward pause. The awkward pause resulted in the follow up question of when did you commit your affair with Mary. The party told on himself by not just saying “No” which would have been a completely truthful answer to the question asked.
Answer Yes or No. Explain if necessary. Sometimes less is more.
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