Reprise: Improving your Probate Practice
August 21, 2014 § 1 Comment
Reprise replays posts from the past that you might find useful today …
FIVE TIPS TO IMPROVE YOUR PROBATE PRACTICE
April 19, 2011 § 6 Comments
- Always accompany the executor, administrator, guardian or conservator to the bank or other financial institution to open the estate account. That way you can make sure that the funds are properly deposited into a restricted account, and that the fiduciary does what she is supposed to do.
- Always ask that a duplicate bank statement be sent to you for the estate account. If the bank balks, direct that the bank statement be sent to you and not the fiduciary. Review each bank statement promptly when you receive it to make sure that no unauthorized disbursements are being made. Also, when the next accounting comes due — Voila! — you have a complete set of bank statements.
- Have your secretary or paralegal call the fiduciary every couple of months to inquire how things are going, to remind of upcoming deadlines, and to ensure that the address and telephone info in your file is accurate. This is not only great client relations, it’s one of the best means possible to discover and address problems in their early stages.
- Accompany your fiduciary to inventory that safe deposit box, and, if possible, bring a witness. It seems that there is often someone lurking in the wings ready to allege that there were all sorts of valuable items in there that the fiduciary is not accounting for.
- Do an inventory even when one is not required. Inventory establishes the baseline for accounting. It also can help neutralize the claims of many disgruntled heirs and sideline-sitters.
A Harum-Scarum Scam
August 15, 2014 § 10 Comments
Periodical print publications are, I fear, going the way of the aurochs due to the internet. So publishers have had to contrive some clever ways to troll for prospective subscribers.
One honest strategy is to get sample magazines into the hands of potential subscribers in hopes that they will say “Why not,” and take the plunge. For instance, I recently ordered some shirts from a catalog, and *VOILA!* I am now receiving gratis a rotating subscription (for I do not know how long) to the various Condé-Nast publications, not a single one of which in the non-gratis world would I bother to pick up, much less read. These are a “bonus” for my catalog order. Until this week I had received Vogue, Glamour, and Travel & Leisure.
This week the rotation brought me a copy of Gentlemen’s Quarterly magazine here at the courthouse. The 98%-nude model on the cover set off quite a titilation — so to speak — up here on the second floor, as you can imagine. One of our local barristers took the issue home with him, no doubt to do forensic study. Thanks to these publications I have wearily become accustomed to having to explain to everyone who sees my mail on the desk of the court administrator that I did not subscribe … blah, blah, blah … you know the rest of the story.
Some publishers, however, have taken the low road.
My wife subscribed for several years to a certain magazine. She simply subscribed, using one of those little cards that fall on the floor in the doctor’s office. She did not sign a contract with a door-to-door magazine peddler. That periodical, as is the custom, sends out renewal notices almost from the first month of your subscription offering phenomenal deals in the hope, I guess, that you will keep extending your enlistment and they will keep on receiving injections of your cash. Every promo they send is marked “Urgent!” and “Last Chance” and “Warning — Offer Expiring.”
So far not so bad. Annoying, but not so bad. My wife chose to ignore the offers and let her subscription lapse.
But this is where it takes an unhappy turn. This week she received notice that if she did not remit $20.97 immediately, her account would be turned over for collection. Yes, collection.
She was upset when she showed me the notice. Why should she be dunned and sued over this? She did not understand. I reassured her that she owes them nada. I pointed that, even if she did owe them something, no business could stay in business by turning over $20 accounts for collection.
My wife had the benefit of counsel. But I wonder how many recipients of a similar notice without legal knowledge simply caved in out of fear of lawyers and telephone collectors dunning them at all hours. A check for $20 is a small price to pay to be shed of that worry. Multiply that by thousands of letters, and you have a nice subscribership built on peeople who would rather pay a few bucks in the equivalent of blackmail than be sued.
So this is what business has come to nowadays.
Years ago there was a common scam that an unscrupulous business would send you a package — a pair of stockings, say, or a small box of candy — that you did not order. If you opened it, you were obligated to pay the enclosed invoice, which might be 10, 20 or 50 times more than you would pay for a similar item downtown at the nicest department store. The UCC put an end to that by providing that if a merchant sends you merchandise you did not order, it is yours to keep.
At least that is my understanding of the law. I don’t believe our legislature has changed it. Could be that the law was changed in Washington, where corporations that pay the price of admission to the halls of the Capitol have acquired immense power over those who are supposed to represent us, to the extent that now corporations are recognized as being people … as in “We, the people …”
We’re not going to pay the magazine its extortion. I hope many others who receive similar letters recognize this for the scam it is and trash that offensive letter.
Whatever it takes. That seems to be the code of commerce in this age.
Reprise: 8.05’s Worth Their Weight in Gold
July 17, 2014 § 2 Comments
Judge Fair of the COA called 8.05’s the “gold standard” of financial proof in chancery court. Yet, quite often what we are given is either fool’s gold or pure lead.
Stop fiddling around and get serious about your client’s financial statements.
Here’s just about everything I can offer to help …
FIVE MORE TIPS FOR MORE EFFECTIVE RULE 8.05 FINANCIAL STATEMENTS
March 14, 2011 § 6 Comments
I posted here ten tips for more effective financial statements.
Here are a handful more to use in your quest for financial statement perfection:
- Number the pages. It saves the fumbling around as the witness and the court are trying to orient themselves to your questioning. And use the page numbers in questioning the witness: “Ms. Smith, look with me at page 3, line 6.” That’s a lot clearer and easier for a witness to follow than asking “Now you say you spend $200 a month on clothes for yourself; how did you come up with that?”
- Add or delete categories to meet your needs. Your client spends $65 a month buying yarn and other materials to feed her knitting habit. Why not replace an unused catergory like “Transportation (other than automobile)” with “Hobby Expenses.” It would be a whole lot clearer than lumping it in with household expenses or something else, and will make it easier for your nervous client to understand while testifying.
- Don’t list a deduction as “mandatory” when it is not. Deductions required by law, such as taxes and social security are excluded from adjusted gross income for calculation of child support. Voluntary contributions, such as 401(k) deductions, health insurance premiums, and the like are not excluded from income. When you list voluntary deductions as “mandatory,” you are at worst planting false information in the record, and at best confusing the record. Your client does not know the distinction. This is part of practicing law: advising your client how to properly fill out his or her 8.05.
- Attach a current pay stub. Pay stubs are a marvelous source of information. Quite often clients (and attorneys, I am sad to report) miscalculate income. A current pay stub, preferably with year-to-date (YTD) info is a great tool to check the income figures. Pay stubs also show the true amounts of overtime, bonuses, deductions for insurance and other items, andd retirement contributions.
- Tailor your 8.05 to the case you are trying. In a divorce case, you can have one column of figures showing your client’s current expenses, one showing the household expenses before the separation (to show standard of living), and a third column showing her anticipated expenses following the divorce. In a modification case, add a column on both the income and expense side showing what your client’s income and expenses were at the time of the judgment you are seeking to modify.
Of all the documents you admit into evidence at trial, the 8.05 is the one that the judge will study the closest and spend the most time poring over. Make it a workhorse for your case.
R.I.P. Henry Palmer
July 16, 2014 § 2 Comments
Of Meridian.
A great lawyer, jurist, and dear, dear friend for whom I had the greatest trust and respect. A major loss. God bless Jan, Hap, Gil, and David.
Chukfi Ahila Bok
July 11, 2014 § Leave a comment
Chukfi Ahila Bok, Choctaw for Dancing Rabbit Creek, was the subject of the “Scene in Mississippi” earlier today. I actually thought someone would guess it right away, since Dancing Rabbit Creek is arguably the most famous creek in Mississippi.
The photos show the National Historical Landmark site of the Choctaw gathering place where the infamous Treaty of Dancing Rabbit Creek was imposed on the Choctaw people in 1830. The site, in SW Noxubee County, is on the US National Register of Historic places, and has been designated a Mississippi landmark. It is now used primarily as a cemetery. The bottom photo should have been a clue, since it shows Choctaw stickball implements on the tombstone.
Under the treaty, the Choctaws agreed to give up their remaining fertile lands in Mississippi and Alabama in return for scrub lands in Oklahoma. Any Choctaws who chose to remain were granted citizenship, the first Native Americans granted that privilege.
This monument is at the site.
The site is not easy to find. You will need a good map or GPS. There’s no cell phone service, so the Google Maps app on your cell phone will not get you there. Also, after several miles of paved roads, you’ll find yourself on dirt roads, some of which pass through bottoms that look like they would wash out in a hard rain, so you might prefer to get there in a truck or SUV.
Family Law CLE
June 27, 2014 § Leave a comment
As I’ve said before, I’m not in the business of promoting anybody’s products or services. I am, however, in the business of trying my best to improve chancery practice in Mississippi.
One of the best ways to improve your family law practice is to attend Professor Debbie Bell’s CLE seminar every year. I do, without fail, and I find it to be the most instructive, useful seminar on Mississippi family law that you can attend. The program focuses on key family law cases over the past year, with emphasis on how they impact your practice. I guarantee that you will come away with a set of case material that you will use through the year in your practice, as well as several ideas that will help you with cases you are handling right now.
For more info, or to register, go to www.msfamilylaw.com.
This year’s dates and locations:
Friday, July 18, 2014, at Mississippi Sports Hall of Fame and Museum in Jackson.
Friday, July 25, 2014, at Oxford Conference Center in Oxford.
Friday, August 1, 2014, at Imperial Palace in Biloxi.





