Tag Archives: witness

Divorce

Tips for Witnesses.

12/14/2017 BowTieLawyer Leave a comment

Today’s advice is for potential witnesses.

#1 Don’t refuse to talk to the attorney if they call to talk to you, unless it’s smart to not to.

You don’t have to speak, but if you do you may can avoid a subpoena or having to testify later.

#2 Don’t try to refuse a subpoena.

It’s tacky. Refusing to touch the papers does not invalidate service.

#3 Don’t be rude.

I get you have a job, but so do I. I attempted to call you weeks ago and do this politely. You refused to answer or speak. You refused to call back.

#4 Don’t lie to get out of testifying.

It’s tacky too. And dishonest.

Matthew Thompson is a divorce attorney and just wants the facts.

Divorce, General Legal, Opinion

Witnesses, Facts and What you are Told.

08/17/2017 BowTieLawyer Leave a comment

You’re entitled to your own opinion, but you are not entitled to your own facts.

Testifying as a witness can be intimidating and scary. However, you do not have to let it get to you. Your job as a witness is to tell the truth, the whole truth and nothing but the truth. If you are testifying as a witness it is usually because you know something about the case and can help provide factual information. Your job as a witness, however is not to guess, speculate or even give your opinion, usually.

To be a good witness answer the question asked. Answer it with a “yes” or “no” or “I don’t know.” You may explain if you need to. Be direct. It is usually wise to only answer what is asked and it is also wise not to assume “facts” if you do NOT have personal knowledge of the underlying situation.

Also, someone telling you something does not make it a fact within your personal knowledge, even if they seem like they are telling the truth.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you to stick to the facts, just the facts.

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Opinion, Visitation

#1 Rule for Witnesses

11/10/2016 BowTieLawyer Leave a comment

Show up.

If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.

When you do show up, tell the truth.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.

(601) 850-8000 www.BowTielawyer.MS 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

Divorce, Marriage, Opinion

Memo for Friends of Divorcing Couples; You Can Still be Friends

12/16/2014 BowTieLawyer Leave a comment

I think it was a Country music song that said in Divorce you not only lose a spouse, but also half of your friends.

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Memo to Friends: You can still be friends. The tendency is to avoid the divorcing parties. After all you just don’t want to get involved and you could end up being a witness. While this may be true you have to ask “Are you being a Friend?“

Oftentimes the friends choose a side or stay out all together, however divorce does NOT require this. One of the divorcing parties may seem to “require” this, however.

If you are a close friend of a person going through a divorce or separation they need an outlet to vent to or take their minds off of things. If you are a party to a divorce or separation requiring your friends to divorce your spouse is usually not the right answer.

Matthew Thompson is a Divorce Lawyer in Mississippi and reminds you of the wise words of WAR, the American funk band, – ” Why can’t we be friends…”

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, Opinion

The #1 Reason Why Friends Vanish During Your Divorce.

09/08/2014 BowTieLawyer 2 Comments

Sure, you may be losing a spouse, but you still have your friends, right?

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Divorces are hard, messy, time-consuming, energy and money draining. They impact not only your relationship with your spouse and children, but also your relationships with your friends.

Friends, all of a sudden, become witnesses. That time that Jimmy drank too much at the BBQ and screamed and cursed at you. Well, Paul witnessed the whole thing, thought Jimmy was out of line and even said as much. It made him wonder what Jimmy was like behind closed doors. But, given some time and the threat of a witness subpoena and Paul does not really “remember” exactly who said what.

When Maggie finds out she may be deposed about what you told her, she all of a sudden is an expert on hearsay and probably won’t be allowed to testify anyway…

The #1 reason on why friends vanish…THEY DO NOT WANT TO GET INVOLVED.

They do not want your problems to become their problems. They do not want to “pick sides.” They may be willing to be there for moral support, but when faced with Court, and cross examination – most would prefer not to.

Matthew Thompson is a Family Law Attorney and reminds you that friends don’t let friends go into Court unprepared.

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.