WHO’S BLOGGING WHOM?
May 4, 2011 § 2 Comments
Over there on the right of the page is a list of links headed “LAWYER BLOGS.” These links will take you to blogs published by Mississippi lawyers on topics of interest to Mississippi practitioners. My intent is to provide links that you can check frequently for useful, entertaining information. Blogs that are not updated regularly are deleted until they resume regular posting.
Several of these blogs I read every day. Some I check occasionally to catch up. Some are aimed at laypeople, and are clearly marketing efforts. They might give you an idea or two about your own marketing.
All of these blogs are lawyers using the internet to inform, entertain, increase client base, or promote ideas about the law. I encourage you to check them out yourself and use them as a resource.
- Elder Law Blog. Ronald C. Morton of Clinton posts on matters of interest in the filed of elder law. For you lawyers who handle conservatorships, guardianships, trusts and wills, there is some material here that may just help you in a given case.
- Hattiesburg Divorce Lawyer. Tim Evans of Hattiesburg has a blog that targets clients and lay people who are seeking info about divorce and related issues. It’s a clever marketing tool, and you will find the information useful from an attorney’s standpoint.
- Mississippi Accident Lawyer Blog. Paul Snow of Jackson uses his blog primarily for marketing, but he also offers informative posts about personal injury litigation.
- Mississippi Criminal Defense Lawyer Blog. This is the blog of Curt Crowley of Jackson, who takes criminal defense issues and posts about them in terms that laypersons can understand.
- Mississippi Lawyer Blog. The Coxwell law firm of Jackson posts about legal matters for a general audience.
- MS Litigation Review & Commentary. A blog I read every day. Philip Thomas of Jackson focuses like a laser beam on Mississippi litigation, verdicts, appellate decisions, and issues affecting Mississippi practitioners. Highly recommended.
- Mullin’ Over. Winky Glover of Meridian’s blog on tax issues. Alas, not updated frequently enough.
- NMissCommentor. Another highly recommended blog that I read every day. Tom Freeland of Oxford posts on a wide variety of topics including Mississipi, regional and national legal issues, the blues, food and restaurants, books, politics, current events, etc., etc. He was a superior source of information on the Scruggs scandal, and continues to cover its developments.
- randywallace. A new blog by Randy Wallace of Clinton. He posts on a variety of topics, and it will be interesting to see how his blog develops.
- Thus Blogged Anderson. Ah, yes. The blog of the enigmatic, eccentric and quasi-anonymous “Anderson,” who styles himself as “Another proud member of the irony-based community.” His posts on almost every subject imaginable are notable for their sometimes caustic wit, insight and sharp intelligence. Another blog I read nearly every day.
Do yourself a favor and pick a handful of these links to add to your favorites or bookmarks list on your browser.
NEW REGISTRATION REQUIREMENTS FOR SEX OFFENDERS
May 3, 2011 § 1 Comment
Knowing whether a person is a sex offender is an important fact in custody and visitation determinations. The restrictions imposed by statute on sex offenders and their impact on child custody and visitation are subjects of another post to come. This post addresses the reporting requirements.
Effective July 1, 2011, MCA 45-33-21 is amended to greatly expand the reporting requirements in several important respects. Here are the highlights:
- The offenses included are expanded to embrace several new categories of offenses, including ” … condoning by the parent, legal guardian or caretaker of continuing sexual abuse of a child.”
- Non-residents who are employed or attending school in Mississippi must register.
- The list of jurisdictions in which the offender was convicted is expanded to include the District of Columbia and most, if not all, U.S. territories and possessions.
- The offender must register not only with the Department of Public Safety (DPS), but also with the sheriff of each county where the registrant resides, works, and attends school.
- Volunteer work, unpaid internships and transient and day-labor work must be reported.
- The duty to report changes in name and status is clarified, and the use of false information is added as an additional ground for a finding of non-compliance with the reporting requirement.
- Offenders are required to report all temporary residence locations, telephone numbers, passport and immigration information, and all professional licenses.
- Registrants must report within three days any change in vehicle information and internet identifiers.
There are more requirements. DPS is ordered to forward the registraion info to schools and public housing agencies in the affected areas, as well as law enforcement and other entities.
I suggest you read the law. It can be critical information in a child custody case. I have a post coming up soon on how the status of sex offender affects many important aspects of custody and visitation.
DISCOVERY AND THE UCCR
May 2, 2011 § Leave a comment
The MRCP sets out the rules that establish discovery in our courts.
Just as important as the MRCP are the Uniform Chancery Court Rules (UCCR), where some critical discovery provisions reside. UCCR 1.10 provides:
A. All discovery must be completed within ninety days from service of an answer by the applicable defendant. Additional discovery time may be allowed with leave of court upon written motion setting forth good cause for the extension. Absent special circumstances the court will not allow testimony at trial of an expert witness who was not designated as an expert witness to all attorneys of record at least sixty days before trial.
B. When responding to discovery requests, interrogatories, requests for production, and requests for admission, the responding party shall, as part of the responses, set forth immediately preceding the response the question or request to which such response is given. Responses shall not be deemed to have been served without compliance to this subdivision.
C. No motion to compel shall be heard unless the moving party shall incorporate in the motion a certificate that movant has conferred in good faith with the opposing attorney in an effort to resolve the dispute and has been unable to do so. Motions to compel shall quote verbatim each contested request, the specific objection to the request, the grounds for the objection and the reasons supporting the motion.
I have enforced that 90-day deadline whenever asked to do it. It’s there, and it’s enforceable. It’s also there to expedite litigation, which is almost always a good thing for the litigants.
As for the 60-day requirement for disclosure of experts, I posted about it here.
I’ve noticed some younger lawyers in our district not complying with 1.10(B). To save yourself some trouble, get counsel opposite to email the discovery requests to you so that you don’t have to retype them.
Week before last I had a motion to compel presented that did not repeat the discovery request or response. Let me assure you that it is always counterproductive to put the judge to unnecessary inconvenience and trouble, particularly when you have not complied with the clear requirement of the rules.
WRATHFUL WINDS, JUDGES, DOUBLE DECKER AND RUM PUNCH
May 1, 2011 § 2 Comments
The death and devastation that fell on our state and neighboring Alabama last Wednesday is sobering and sad. Four killed in our own Clarke County. Another three in Kemper to the north. A woman who works with Lisa lost four members of her family in the storms, including her husband and mother. And Smithville. The images take your breath away. A friend from Tupelo carried a truckload of supplies down there early Thursday morning before Homeland Security cordoned it off, and he said that the photographs are inadequate to capture the scope and severity of the damage. He saw bodies scattered in the wreckage and the survivors wandering in shock.
The reports of people responding with help bring a lump to your throat. Families in the surrounding communities are taking the homeless families in until they can make other arrangements. A man in Columbus who caters barbecues hitched up his cookers, rounded up some friends and lots of food, and set up in Smithville to cook free for anyone there who needed it. Yesterday on the Square in Oxford in the midst of Double Decker people were taking up money for the people in the devastated areas. There were thousands of people there, so I hope they reaped a bountiful harvest.
While so much of Mississippi was being walloped last week by the deadly tornadoes, the judges were in Jackson for the spring conference. Most of us spent a lot of time on cell phones checking on things back home. Chancellor Jim Davidson of Columbus learned that his home in Oxford had five trees on it and roof and water damage. All of our families made it through okay, though.
As always, I picked up a lot of helpful information at the judges’ meeting, and I will be passing much of it on to you here.
On Friday, Lisa and I met up at Oxford for the Double Decker Festival, which is without a doubt one of the best street festivals in the state. At DD Sarurday morning we ran into folks from Meridian and old friends the Gambrells of Oxford and the Tutors of Pontotoc. Robert Gambrell, a bankruptcy lawyer, told me the roof was ripped off his office in the storm that hit Oxford, and many files and some equipment were damaged.
The weather for DD was a gorgeous counterpoint to the turmoil of the days before. It was clear, sunny and cool, and a gentle breeze kept things comfortable. After wandering the more than 100 vendor booths admiring paintings, pottery, handicrafts, jewelry and whatnots, and enjoying the music and aroma of delicious food wafting across the area, we ambled over to Tom Freeland’s office to meet and visit with him. He treated me to a delicious rum punch made with fresh-squeezed limes and a generous dose of rum. Now that’s hospitality. I think next year I may bring a couple of lawn chairs and trespass on the front lawn of Tom’s office just off the Square on West Jackson so we can make a longer day of it. Lisa’s back does not enjoy the few hours of walking and standing that DD entails.
From there we had lunch at Two Stick (owned by friends of my daughter) and headed back to our Oxford retreat tired but happy.
Next week we’re going to give some money to that nurse who lost four family members. I encourage all of you to give whatever you can to the Red Cross or your church, or whomever you know will put it to good use to help the Mississippians who are hurting right now. No gift is too small for that purpose. And let’s remember them in our prayers.