Florida Bar Journal articles from April 2003

Florida Bar Journal archives from April 2003

The third branch. (Florida courts, board certification)
April 1, 2003... Our courts are strong! All Floridians can rest assured that the judges of Florida act in accordance with the clear language of our Florida Constitution. We, in Florida, are governed by three co-equal branches of government. Article V of...

Why certify? (Florida attorneys)
April 1, 2003... We find the present plan properly harmonizes lawyer advertising, designation and certification...." With that statement the Florida Supreme Court on January 28, 1982, approved the Bar's certification plan in a two-page per curiam opinion....

Florida bar board certification: taking the high road.
April 1, 2003... It is a rough road that leads to the heights of greatness." Lucius Annaeus Seneca, Epistles, 84, 13 Certification in Florida is 20 years old, and we have come a long way. In many respects, the story of the journey is quite remarkable,...

Certification: let's make it better, fairer, and more valued.
April 1, 2003... After 20 years The Florida Bar Certification program evokes significant praise, lingering skepticism, and a little disdain. These reactions derive from complimentary economic issues and emotional concerns. What may be a great benefit to...

Certification from a national perspective.
April 1, 2003... Information about certification and specialization facilitates the consumer's access to legal services and thus better serves the administration of justice." So proclaimed Justice Stevens in neatly summing up the mission of lawyer...

Board certification: the view from the bench ... and beyond.
April 1, 2003... All rise, this circuit court in and for... is now in session." You've just settled down to begin a trial in a hotly contested domestic case. Although you've had several early morning "emergency" hearings, your spirits are good; it was a...

I hope you dance.(attorney certification in Florida)
April 1, 2003... Adele dropped the brief on her desk and rubbed her tired eyes... Ron sank once more into his desk chair as his partner headed home... Enrique rested his brain, letting his imagination paint the new sign he'd erect next year: "Board Certified...

Certification: a valuable tool for the attorney general's office.(board certification)
April 1, 2003... Every law firm, no matter its size, rises or falls on the professional reputation of its attorneys. Recognizing this, I set a goal when I became Florida's attorney general in early 1987 to have the office conduct itself less like a government...

Emeritus--another rock for the pocket.(retired attorney)
April 1, 2003... On January 31, 2002, after 36 years as a trial lawyer, I retired from the active practice of law. Some of us never retire. We keep trudging to the local courthouse with a file under our arm until the day we take the final elevator to the "big...

Antitrust & trade regulation.(board certification)
April 1, 2003... The fabric of capitalism is woven by what economist Adam Smith called an "invisible hand," as millions of businesses produce goods and services that hundreds of millions of buyers purchase. It is only when businesses engage in anticompetitive...

Appellate practice. (Florida)
April 1, 2003... On the surface, appellate practice seems to be a straightforward practice requiring knowledge of the Florida Rules of Appellate Procedure and the federal appellate rules. When you look at the mosaic of authorities, however, it becomes much more...

Aviation law.(board certification)
April 1, 2003... Aviation law was approved by the Supreme Court of Florida as an area of certification in 1995, with the initial group certified in 1996. Board certification in this field is of great benefit to the public because it identifies aviation...

Business litigation.(board certification)
April 1, 2003... The Florida Bar's Web site states that "[b]usiness litigation certified lawyers help solve problems arising from business relationships, including resolving disputes. Business litigation includes evaluating, handling and resolving disagreements...

City, county and local government.(board certification)
April 1, 2003... The certification by The Florida Bar of lawyers who possess and maintain special expertise in the specialized area of City, County and Local Government Law is an important contribution toward the Bar's responsibility to ensure that the...

Civil trial.(board certification)
April 1, 2003... Is there any greater feeling as a civil trial lawyer, than having successfully championed a client's cause to verdict? Is victory even more satisfying when you, as trial advocate, overcome great odds, pursue a just cause, and deftly confront...

Criminal law.(board certification)
April 1, 2003... As a certified criminal appellate lawyer since 1993 and a member of the Criminal Law Certification Committee since 1996, I have been consistently asked about certification--the process, and the reasons to become certified. The purpose of this...

Elder law.(board certification)
April 1, 2003... Several years ago, I attended a Florida Bar leadership conference in Tallahassee with representatives from other sections of the Bar. Although a colleague and I introduced ourselves as representatives of the Elder Law Section when the meeting...

Health law.(board certification)
April 1, 2003... In 1995 the Supreme Court authorized the first area of legal certification that was industry-focused, rather than attorney practice-focused. With the overarching purpose of board certification to provide the public a means of identifying...

International law.(board certification)
April 1, 2003... Events throughout the past two years have emphasized the heightened importance of international relations. Growing reliance on a global economy and the widening impact of international relations illustrates the need for understanding and...

Labor and employment law.(board certification)
April 1, 2003... The field of labor law has long been recognized as a specialty area, although it was not recognized as a field for board certification by The Florida Bar until March 23, 2000. For many years, when general practitioners received inquiries...

Marital and family law.(board certification)
April 1, 2003... Recognized as a certification specialty shortly after the inception of Florida's certification plan, the marital and family law certification program has a long and successful history. Boasting 237 certified members through 2002, marital and...

Real estate.(board certification)
April 1, 2003... Clearly the number of certified lawyers is a relatively small percentage of Florida lawyers who practice in the real estate area. The Real Property Probate and Trust Law Section of the Bar currently has 7,800 registered members. On the...

Tax.(board certification)
April 1, 2003... Who was present at the creation of certification of legal specialties in Florida? Tax lawyers, of course. They're everywhere. Nothing is as certain as death, taxes and more taxes. In Florida, certification got its start in 1977 when Bar...

Wills, trusts and estates: past to present.(board certification)
April 1, 2003... Public confidence in board certification is the ultimate measure and determiner of success. This outstanding program functions because of the efforts of many dedicated individuals who worked to create it and who now work to maintain and improve...

Wills, trusts and estates: the future.(board certification)
April 1, 2003... The future for certification is bright, though critical to its future success is the preservation of its integrity. As stated by Chief Justice Harry Lee Anstead in 1998, "the value of board certification rests entirely on the credibility and...

Workers' compensation. (board certification)
April 1, 2003... In the last 25 years, no other area of the law has undergone more changes than the field of workers' compensation law. These changes have ranged from minor tweaks to "corrective" repair (often in response to unanticipated-appellate decisions)...

Strategies for defeating the material misrepresentation defense in insurance actions: a plaintiff's perspective.(Florida)
April 1, 2003... The material misrepresentation defense is a tactic that has long been used by insurance companies to defeat claims. Although carriers use the term "material misrepresentation defense," lawyers for policyholders sometimes refer to it as...

Proliferating mold litigation: why mold is not the next "asbestos".
April 1, 2003... In the summer of 2001, a Texas jury awarded Melinda Ballard in excess of $32,000,000 arising out of a mold-related property damage claim. (1) Another Texas case involving mold contamination claims settled for $1.5 million after two weeks of...

Post-death confidentiality of estate planning communications between attorney and client.
April 1, 2003... This article considers the ethical rule of confidentiality of client communications and, to a limited extent, the evidentiary attorney-client privilege in situations arising after the client is deceased. These situations frequently involve...

Florida communications services tax and the digital subscriber line: "to tax or not to tax?"
April 1, 2003... The Florida Department of Revenue (DOR) is considering whether digital subscriber line (DSL) services are taxable under the Florida Communications Services Tax Simplification Act (CST). (1) Effective October 1, 2001, the Florida Legislature...

Guardians ad Litem: a solution without strength in helping protect dependent children.
April 1, 2003... Simply put, a Guardian Ad Litem is a court-certified adult who has completed a mandatory training course to become an advocate for a child's best interests.... Some Guardians Ad Litem are lawyers, but most are not. To qualify, one need only be...

Cape May Court House: A Death in the Night.(Book Review)
April 1, 2003... by Lawrence Schiller Driving home from a party on a cold New Jersey morning, Dr. Robert Fitzpatrick, a veterinarian, noticed a Ford Explorer in a roadside ditch. He approached the Explorer and saw a baby in the backseat and two...

Not by Faith Alone: Religion, Law, and Adolescence.(Book Review)
April 1, 2003... by Roger Levesque In an attempt to integrate research on the place of religion in adolescent development and to discuss the relevance of this research for policies and laws that regulate religion in the lives of teenagers, Roger Levesque...

Closely Held Family Businesses.(Book Review)
April 1, 2003... by James John Jurinski and Gary A. Zwick This book demonstrates how to counsel families through what is often the most traumatic event in the family cycle short of death: the transfer of a family business. Transferring Interests in the...

Natural Resource Damage Assessment Deskbook: Legal and Technical Analysis.(Book Review)
April 1, 2003... by Valerie Ann Lee and P.J. Bridgen Organized to guide environmental practitioners through the complex web of legal rights addressing restoration and compensation for loss of natural resources affected by the release of hazardous materials,...