Tag Archives: witness

Divorce, General Legal

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

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

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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

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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.

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

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.

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