Jon H. Powell, Attorney at Law

01/11/2026

04/06/2020

Even during this COVID-19 crisis, we are still open for business. Allow us to assist you with your Will, Advance Healthcare Directive, or representation during a divorce. Call me at 601-706-2915.

02/09/2016

Should You Draft Your Own Will?

I’m often asked whether someone needs an attorney to draft their will, or whether one of those do-it-yourself-online internet legal document prep websites are sufficient. After all, they ALL advertise that they have “state specific” legal documents, right? And if its “state specific”, shouldn’t that be good enough?

A document that is “state specific” (i.e., it is drafted with knowledge of, and in compliance with, Mississippi law) does not mean it is “fact specific”. When you are drafting your will, you want a document that does what YOU want it to do! The do-it-yourself documents can’t always do what you want it to do because the programs don’t always know what questions to ask you. More importantly is that you won’t know what questions it should be asking you.

That’s why you should seek the advice of an attorney when drafting your will. If you don’t believe me, consider the wise advice given in a poem written by Lord Neaves in the 16th century:

Ye lawyers who live upon litigants’ fees,
And who need a good many to live at your ease,
Grave or gay, wise or witty, whate’er your degree,
Plain stuff or Queen’s Counsel, take counsel of me:
When a festive occasion your spirit unbends,
You should never forget the profession’s best friends;
So we’ll send round the wine, and a light bumper fill
To the jolly testator who makes his own will....
You had better pay toll when you take to the road,
Than attempt by a by-way to reach your abode;
You had better employ a conveyancer’s hand
Than encounter the risk that your will shouldn’t stand.
From the broad beaten track when the traveler strays,
He may land in a bog or be lost in a maze;
And the law, when defied, will avenge itself still
on the man and the woman who make their own will.

A very creative way of saying “Don’t draft your own Will.”

07/06/2015

Being Honest with Your Attorney

It should go without saying, but nevertheless it has to be said, that honesty with your attorney at all times is KEY to developing a good working relationship with your attorney, and KEY to getting a good outcome at the end of any representation. Likewise, if your attorney expects honesty from you, you have EVERY RIGHT to expect honesty from your attorney.

Recently I had to decline the representation of a person who scheduled an appointment with me under a fictitious name. The reason I turned the client away is simple: If the client won't be honest even in the small things like giving me their true name when scheduling an appointment, they are very unlikely to tell me the truth on the more important, "painful" questions that I will have to ask them.

Most good attorneys don't want your money at the expense of their own representation and an unhappy client. The present and future attorney-client relationship thrives on mutual respect and honesty. This is the only way that good results will follow.

Therefore, when dealing with an attorney, BE HONEST. Also, you have the right - the ABSOLUTE RIGHT - to tell your attorney that you expect and demand the TRUTH FROM THEM.

http://www.jonhpowell.com/

Jon H. Powell is an experienced attorney in Flowood providing family law, estate planning, real estate & business law representation. Call today!

05/07/2015

Can a 13 year old be Prosecuted as an Adult in Mississippi?

The short answer is YES.

For purposes of this discussion, remember that in Mississippi you are not an adult until you reach the age of 21 or you are otherwise emancipated by order of the Court.

Youth Court has exclusive jurisdiction over children who are “delinquent”. A “delinquent child” is defined as “any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death.”

However, the Youth Court statute also provides exceptions to its jurisdiction. Those exceptions are:
a. Any act attempted or committed by a child which, if committed by an adult would be punishable under state or federal law by life imprisonment or death, in which jurisdiction will be in circuit court (Section 43-21-151(1)(a));
b. Any act attempted or committed by a child with the use of a deadly weapon, which would be a felony if committed by an adult, in which jurisdiction will be in circuit court (Section 43-21-151(1)(b)); and
c. If the child has reached his/her 13th birthday and is charged to be a delinquent child, then upon either the motion of the youth court prosecutor or of the youth court’s own motion, jurisdiction is transferred to the more appropriate criminal court (Section 43-21-157).

So what does this mean in plain English? A child who has reached the age of 13 in the State of Mississippi can be tried as an adult for certain criminal acts.

Therefore, if you have a 13 year old, it might be worth bending their ear and letting them know that just because they are young does not mean they are assured of escaping trouble if they commit a crime.

05/05/2015

ALIENATION OF AFFECTION: AN OUT-DATED CAUSE OF ACTION?

Is alienation of affection an out-dated, backwoods, old tyme cause of action that should be done away with?

Let’s say you spent $25,000 for a new truck. Over the years you changed its oil, antifreeze, belts, purchased new tires for it, washed and waxed it a couple times per year, and safely locked it in a garage each night. You baby it, taking care to not accelerate or brake too hard. Over the years, you take care of it, investing your time, energy and money into keeping it looking and running great. You love your truck - it’s a part of you - perhaps even a part of your identity. . . Then someone takes your truck.

Or let’s say you spent $300 for a Labrador retriever puppy. Over the years, you feed it, play with it, train it, and it comes to be an integral part of your family. . .Then someone entices your beloved pet and companion with some food, and the dog doesn’t come back home.

As absurd as these examples are, how much more would you hurt if someone did the same thing to you, taking your spouse (instead of your truck or your pet) whom you devoted your past and planned for the future with?

Alienation of affection lawsuits are as worthwhile a cause of action as personal injury actions - perhaps even more worthwhile. In cases involving alienation of affection actions, the injury and loss to your emotional and physical well-being and those of the rest of the family can be just as devastating as any other type of personal injury action.

And if for no other reason, perhaps it will deter one person from interfering with and destroying a marriage. Isn’t it worth keeping for that reason alone?

Preserving a cause of action which may deter someone from interfering with your marriage (and which may have the effect of keeping families together) is not out-dated, backwoods, or old tyme at all. Instead, I think it’s very timely indeed.

10/10/2014

Your property is landlocked – do you have a right to an access easement over another person’s property in Mississippi?

People have a right to get to their property in Mississippi. If your property is landlocked, i.e. it does not have direct access to a public road, you can obtain an easement under Mississippi law through the courts.

In order to succeed in Court, you must prove:
(1) that the proposed private access road is reasonably necessary;
(2) that the property has no access to a public road; and
(3) that you have attempted unsuccessfully to secure a private easement across all of the other surrounding property owners by either contract or deed.

In the case of Ward v. TRIMAC Investments, LLC, decided by the Mississippi Court of Appeals on March 22, 2011, the property owner seeking access to his property proved that the private road was reasonably necessary, and that the property had no access to a public road. Additionally, it was proved that an old road bed that was used to access the property in the past still existed, and that it was the least disruptive means to the adjoining property owner. However, because the property owner failed to prove that he had contacted all of the adjoining property owners to attempt to get a private easement across their property, the Court of Appeals overturned the lower court’s ruling.

This case and other prior cases reinforce the rulings that:
(1) the easement you want does not have to be the most convenient to your property;
(2) the easement you want does not have to be the shortest distance to a public road; and
(3) the easement you want does not have to be the least expensive to acquire or to construct.

10/08/2014

SHOULD I DRAFT MY OWN WILL?

I’m often asked whether someone needs an attorney to draft their will, or whether one of those do-it-yourself-online internet legal document prep websites are sufficient. After all, they ALL advertise that they have “state specific” legal documents, right? And if its “state specific”, shouldn’t that be good enough?

A document that is “state specific” (i.e., it is drafted with knowledge of, and in compliance with, Mississippi law) does not mean it is “fact specific”. When you are drafting your will, you want a document that does what YOU want it to do! The do-it-yourself documents can’t always do what you want it to do because the programs don’t always know what questions to ask you. More importantly is that you won’t know what questions it should be asking you.

That’s why you should seek the advice of an attorney when drafting your will. If you don’t believe me, consider the wise advice given in a poem written by Lord Neaves in the 16th century:

Ye lawyers who live upon litigants’ fees,
And who need a good many to live at your ease,
Grave or gay, wise or witty, whate’er your degree,
Plain stuff or Queen’s Counsel, take counsel of me:
When a festive occasion your spirit unbends,
You should never forget the profession’s best friends;
So we’ll send round the wine, and a light bumper fill
To the jolly testator who makes his own will....
You had better pay toll when you take to the road,
Than attempt by a by-way to reach your abode;
You had better employ a conveyancer’s hand
Than encounter the risk that your will shouldn’t stand.
From the broad beaten track when the traveler strays,
He may land in a bog or be lost in a maze;
And the law, when defied, will avenge itself still
on the man and the woman who make their own will.

A very creative way of saying “Don’t draft your own Will.”

10/06/2014

Every client I represent learn about the 5 Rules of Testifying. These are rules that, while seemingly simple, are in reality very difficult for most people to follow.

There are generally two types of witnesses, and they are on opposite ends of the spectrum. One type of witness has "Diarrhea of the Mouth" - that is, they can't shut up! They insist on telling you everything they know whether they are asked about it or not. The other type of witness is the "YesNo" witness. You can't get anything out of them, as they are afraid to speak.

Everyone who has to testify, whether in a court or in a deposition, would do well if they would just follow the following rules:

The 5 Rules of Testifying

The 5 rules are:

1. Listen to the question.
2. Think about your answer.
3. Answer only the question asked.
4. Be quiet.
5. Tell the truth (always, always, always!).

Three Examples of Answering Only the Question Asked are:

Example #1:
Question: Do you recall what the weather was like that day?
Right Answer: Yes.
Wrong Answer: It was cloudy, raining sporadically, and just downright dreary and cold.

Example #2:
Question: What did you do when the defendant threatened you?
Right Answer: I got back in my car.
Wrong Answer: I didn’t want to act like a chicken. But I knew I had a wife and young child to provide for, so I quickly thought about whether I should hold my ground and act tough or whether I should get back in the car. So I decided that for the sake of my family it would be better to get back in the car.

Example #3:
Question: Did you see Mrs. Smith jerk the baby out of Mr. Smith’s hands?
Right Answer: Yes.
Wrong Answer: She lunged at Mr. Smith, grabbed the child by the right arm, and je**ed the child by the arm 3 times before Mr. Smith finally let go of the child. All the time while this was happening, the baby was screaming and Mrs. Smith seemed to be possessed by the devil himself.

These 5 rules, and other information, can be found in my book entitled "Divorce in Mississippi". It is available on Amazon.com.

03/23/2012

Read Before You Sign!

A recent case by the Court of Appeals reiterates the importance or reading everything (especially contracts) before you sign a document.

In Brown v. Anderson, the Mississippi Court of Appeals states that parties to a contract have an inherent duty to read the terms of the contract prior to signing, and the fact that a person claims they did not read the contract before it was signed is no defense. In the case, the Browns signed a contract to purchase a home. The contract stated that Brown had inspected the property and accepted the property in its “as is” condition. Additionally, the contract provided for the opportunity for Brown to have a pre-closing inspection by a home inspector of his choice. At closing, Brown signed a release stating that he had inspected the property and that the mechanical components of the home (i.e., plumbing, electrical, heating and air conditioning systems) we in good working order. However, several weeks after closing Brown claimed that these systems were not in good working order, and sued the prior owner among others.

After Brown put on his case at trial, the Circuit Court Judge granted the prior owners a directed verdict (meaning that the Court dismissed Brown’s case). The Court of Appeals upheld the ruling of the trial court.

If nothing else is learned from this case, it is this: READ BEFORE YOU SIGN!

03/18/2012

A lawyer finally embraces technology to interface with the world. I'm new to this facebook stuff, so I hope I can post information that people may find useful.