Posts Tagged ‘National Business Institute’

Facebook: The Great Divorce Equalizer

Sunday, April 14th, 2019

Most of you who are reading this post remember simpler days, those pre-ancient times even prior to “Myspace”, and possibly from the era where cellular phones were reserved for the elite upper classes and the size of a half-loaf of bread. Gone are the days of simple social interaction. Once upon a time in the 1990’s, when I was a teenager, my peers and I had to actually call a young woman at her home if we wanted to see her outside of school. On an actual “landline”. Usually we expected to be fully screened by her mom or dad before speaking to her. It was all in due course and expected. Then in the late 1990’s came the internet. Communication with potential mates became plentiful, if not burdensome. God help marriage. Times have certainly changed.

Although most have realized some benefit of the wide-open communication brought by Facebook and Instagram in connecting with old friends, the perils are laid bare in the context of our most sacred social institution…..marriage. In 2005, I opened a practice focused on domestic litigation, and not necessarily by pure choice. Many of my closest friends had difficulties early in marriage and kids in tow as well. They saw no easy out and no way to salvage their sanity and their childrens’ well-being. Complex problems require complex solutions and plain will to fight for what is fair.

When social media became entrenched within our everyday lives, our cultural landscape became forever altered. When people are more easily accessed, spoken to, and available for picking their brains or for plain run-of-the mill conversation, we open a new paradigm…..some good, some dangerous. I have to dig deep to recall a single divorce case in the past decade that did not require subpoena to a social media provider. At this point, the legal teams at Facebook and Instagram have me on speed dial. The results of the subpoena power demonstrate that so many married people essentially live a double life. It is all too easy to hide behind a keyboard and away from the reality of normal married life.

My posts often lack advice (sadly it is not easy to come by, nor do I possess the ability to solve complex relationship issues), some are purely observation. I hope that anyone can derive at least a few helpful words from each of my posts. I truly appreciate my readers. So many of you inspire me to maintain my desire to speak about the unspeakable.

My sole tidbit of information that may well be beneficial when faced with divorce is that a decent lawyer is only a subpoena away from obtaining every social media post and response thereto since the day you walked down that sacred aisle. It is all fair game in the process of legal discovery, and although some attorneys are too inept (or lazy) to do so, make sure that you recognize the possible reality…..facing hard, cold facts that impact your divorce.

Social media is a proverbial gold mine for domestic attorneys like myself, and the best of us know that a small investment in a subpoena for document production can and often does pay huge dividends for our clients. Issuing a well-placed subpoena “duces tecum” (for document production) can be a major asset for a client, especially in today’s age of hyper-social interaction. Do not assume that you are operating in a private realm if online. That assumption is not only dangerous in the context of divorce and child custody, it is just plain dumb.

Matthew Poole is a Jackson, Mississippi Custody and Divorce Attorney. He will be speaking at the National Business Institute on July 18, 2019 at the Marriott, Pearl MS on divorce procedure and practice. Multiple continuing education credits will be granted for both government and private institutions. Access further information at their website.

Custody/Divorce Mediation Pro’s and Con’s

Friday, January 18th, 2019

Mediating a domestic case can often provide significant benefits to everyone involved–with the right mediator, that is. First, let us briefly discuss what mediation is, and is not. Mediation is defined (by Black’s Law Dictionary) as “a private, informal dispute resolution process in which a neutral third party, the mediator, helps disputing parties to reach an agreement”. In essence, it is simply a facilitator of communication and compromise between those in conflict. A cooler head is so often needed in the emotional turmoil of custody and divorce law.

The sole downside to mediation is that it is not binding on the parties and not enforced as would be a judgment in court. The local sheriff will not help in effectuating a mediator’s judgment, because frankly there is no judgment at all. Mediation is still a highly effective tool, and I will lay bare the reasons that I strongly believe it more often helps than hurts.

  • Court dockets are slow, mediation can resolve dispute quickly. A good mediator knows how to lean on both parties and seek middle ground within weeks, not months and even years. Time is precious and domestic court cases are not sensitive to how much of it you will spend.
  • Mediation is private. Do you want harmful allegations and bare emotion made a part of public record? It does not take much for anyone who looks to see all of the details of a nasty court case, whereas mediation is confidential and private.
  • Mediation can (not always, but most often) save you attorney fees and protracted litigation, multiple court appearances, and the stress that accompanies them.

I would like to state unequivocally that a good mediator be neutral yet decisive and be able to exert pressure on each party to compromise. One of the best domestic mediators is going to be John Grant III, a recently retired Rankin County Chancery Court judge. He now works for the Shows Law Firm in Flowood, Mississippi and embodies all of the qualities an effective mediator requires. I am not being compensated in any way for this opinion, and want to be clear that my thoughts are a result of having practiced in front of him for well over a decade. He is thoughtful, neutral, and will push to resolve domestic disputes confidentially and in fairness to all.

Matthew Poole Speaking at National Business Institute Seminar on Divorce Practice and Procedure

I want to briefly mention that I will be speaking on divorce practice and procedural issues at the National Business Institute Continuing Education Seminar on July 18, 2019 at the Marriott Hotel, downtown Jackson, Mississippi. I am joining 5 other lecturers for the “Family Law A-Z” seminar and look forward to (hopefully) making some sense of the steps in simplifying a path to a clean, stressless divorce which can save your clients, or you, time money. I hope to make this as fun, yet informative as possible. My fellow lecturers and I will surely have some insight that is useful and practical for domestic practitioners.

Matthew Poole is a Jackson, Mississippi domestic attorney and nationally recognized expert in the area of custody and divorce law. He was admitted to the Mississippi Bar in 2004 and is located in northeast Jackson.