Tag Archives: testimony

Tip of the Day: Speak with Efficiency

11/13/2015 BowTieLawyer Leave a comment

ef·fi·cient

(especially of a system) achieving maximum productivity with minimum wasted effort or expense.

(of a person) working in a well-organized and competent way.

Too often in Court, depositions, and generally responding to questions, witnesses provide too much information. In an attempt to tell the “whole truth” the facts get muddled and the point gets lost.

I routinely ask client questions that can be answered simply, but rarely get the simple, straight forward response.

“How much child support are you Ordered to pay?”

“”$750.00 per month.”

“Have you paid it?”

“Well, you see, I was going to, but my car broke down and then I was writing the check ,but she said I could’t get them…”

There may be a great explanation, but first things first. Did you pay? Are you in compliance with the Order? Yes or No? Then explain if needed. Don’t try to guess. Just answer what is asked.

A great tip for doing this is to practice with your attorney so that you know why the question is being asked. Said another way, begin with the end in mind.

Matthew Thompson is a Family Law Attorney in Mississippi and wants you to tell your story, but answer the question first.

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

Divorce, General Legal

Testifying in Court; Where Saying Too Much Will be Used Against you.

09/30/2015 BowTieLawyer Leave a comment

If you or I answered questions in Court like any politician we might be held in contempt.

In Court, witnesses must answer the question asked. Usually the answer will be “yes” or “no,” and then an explanation may be offered if necessary. This can be very difficult to do and it takes practice to get this right.

Not answering the question with a “yes” or “no,” and not answering what was asked may result in the Court concluding you are being deceptive. This is not an impression you want to create.

As a witness, however, you only want to answer 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, “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.

Matthew Thompson is a Family Law attorney and warns witnesses to answer “yes” or “no,” explain if necessary, and sometimes less is more.

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

Child Custody, Crime, Divorce, General Legal, Opinion

Don’t Talk too Much.

06/17/2015 BowTieLawyer Leave a comment

There is a saying that Confession is good for the Soul. But, confession may not be good for your future.

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business. You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals.

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.

Child Custody, Divorce, General Legal, Modifications

Don’t YELL in Court!

05/13/2015 BowTieLawyer 1 Comment

Sometimes we lose our cool…

It happens to the best of us. “We” get excited, animated and emotional, but you need to try to keep that in check. Lawyers are guilty of this too!

Here’s the set-up. The Divorce Agreement provides that either “party shall receive advance notice of any out of state travel, overnight, with the minor child by the other parent.“

Not an unreasonable clause. It does not require permission, but notice.

So, one parent, on multiple occasions does not give the other parent notice. The unknowing parent finds out about the timing of the trips during their time with the child, after the trips have occurred.

What’s the harm you ask? Well, these parents live 2-states away from one another. Where was the undisclosed trip? Yes, the other parent’s home state, just a few hours away. A great opportunity for a visit! But, alas it did not happen.

Upon questioning the parent defended not telling the other because the second parent did not ask. Here’s where the yelling comes in.

“HOW DOES THE OTHER PARENT KNOW TO ASK ABOUT THE TRIP IF YOU DON’T TELL THEM ABOUT THE TRIP ?!?“

Silence.

Read more on Rotten Parenting, Terrible Parenting and being a Terrible Person.

Matthew Thompson is a Chancery Court Attorney and warns clients and attorneys alike to not yell in Court.

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

Divorce, General Legal

Testimony in Court; Answering Yes or No.

04/13/2015 BowTieLawyer 1 Comment

Testimony is nerve-wracking, but it doesn’t have to be that hard.

Courtroom sketch: Wired.com / Norman Quebedeau

A witness’s job is to tell the truth and answer the question asked. It is not to guess, to anticipate, to make-up, or change the story.

Judges routinely get irritated with a witness when asked a “Yes or No” question , but the answer begins with, “You see, what had happened was…”

There are 2 different sets of Rules when testifying.

1) You are called by your attorney or are a “friendly” witness. Under these circumstances you may not be asked yes or no questions of material importance. If you are, the other side may object due to “leading.” That is asking a question which suggest the answer.

Lawyer 1: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 2: Objection. Leading.

Judge: Sustained. Don’t lead your witness.

Lawyer 1: (asked one at a time)How do you know Jimmy? How do you know Jane? On what occasions, if any, have you seen them together?

2) When you are called by the adverse lawyer or are deemed a “hostile witness” then the questioning attorney may use leading questions.

Lawyer 2: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 1: Objection. Leading.

Judge: He’s on Cross Examination. The witness may answer.

Witness: Yes. (explain if allowed)

If the question can be answered with a Yes or a No, then you as a witness need to answer Yes or No. The Court will allow you to explain your answer, if necessary.

Matthew Thompson is a family law attorney in Mississippi and can handle the truth.

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

Divorce, General Legal

Advice of the Day: Know When to Shut Your Mouth

01/21/2015 BowTieLawyer Leave a comment

Everyday presents a lesson that we can take away and learn from.

Today’s “Advice of the Day” is: Know When to Shut Your Mouth.

When the Judge Orders you to Stop Talking? Stop Talking.
When the Other Side Agrees to What you Want? Stop Talking.
When Your Lawyer asks you to Stop Speaking? Stop Talking.
When you are Winning Greatly? Stop Talking.
When you are Losing Badly? Stop Talking.

Matthew Thompson is a family Law attorney in the Hospitality State and encourages you to ‘be still and listen.’

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, Modifications, Opinion, Visitation

Court is Unpredictable.

11/18/2014 BowTieLawyer Leave a comment

Court. The true final frontier.

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

Divorce, General Legal, Modifications, Opinion

Lie Detectors! How Judges Know When YOU are Lying…

09/30/2014 BowTieLawyer 1 Comment

The legal system relies on those persons within it to tell the truth. All parties, the lawyers and judges are expected to be honest at all times!

When testifying a witnesses takes an oath. This oath includes that they “swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God.”

However, this oath is sometimes nothing more than mere words to the witness. Here’s the scenario: A witness is testifying about their actions. On the day in question there are photographs showing him, in his truck, parking his truck and exiting his truck, placing him where he says he was not.

Q: Whose truck is this?(shown a photo of his truck)

A: I can’t tell from the picture.

Q: Whose tag is this?(shown a photo of the tag)

A: Oh, that’s my wife’s truck.

Q: Who drives that truck?

A: We both do.

Q: Who was driving it that day?

A: I don’t know what day…

Q: Look at the date stamp on the picture.

A: Oh…that day, that was me.

Q: It’s true isn’t it that you parked your truck in front of your exes driveway?

A: You can’t tell from the picture whether I am parked or whether this is just a still shot of me driving by.

Q: This next photograph is of your truck with the driver’s door open and you getting out, correct?

A: Yes.

Q: Who is that in that green t-shirt?

A: I can’t tell from the picture who that is. (It’s him!)

Judges apply the smell test to determine your veracity, your truthfulness. This fellow’s testimony did NOT pass the smell test. He knew he was NOT telling the whole truth. He lost his credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

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.