Florida Bar Journal articles from January 2005

Florida Bar Journal archives from January 2005

Leading by example.(Florida Bar Membership Outreach Committee)(President's Page)
January 1, 2005... As Bar president, I want to ensure that our members feel welcome and included in the many activities of The Florida Bar, and in order to improve the Bar's communication with all members, I appointed a Membership Outreach Committee to...

Protecting privileged documents.(Cover Story)
January 1, 2005... If you got a warrant, I guess you're gonna come in. Truckin' Garcia, Hunter, Lesh and Weir State prosecutors no longer reserve search warrants for investigations of drug dealers, gamblers, and houses of prostitution. In addition to the...

Judicial selection in Florida: an executive branch perspective.
January 1, 2005... Florida's judicial selection system has undergone numerous changes since the adoption of Florida's first constitution in 1838. Each method of selection, from election to appointment, has had its supporters and its detractors. The current...

Work product and the attorney's selection process: spoon feeding the opposition or preserving the adversary system?
January 1, 2005... Litigating similar cases with similar issues over many years can often transform the "art of discovery" into formulaic or rote methods of propounding, questioning, and searching as well as responding to discovery requests. For example, the...

Eenie, meenie, miney, mo ... who's to regulate this tow?
January 1, 2005... Many may remember the children's fanciful rhyme "eenie, meenie, miney, mo," used to determine who would be the chosen "It," responsible for chasing and tagging the next player. While the game was exhilarating and exciting, it was often...

Appeals during and after arbitration - state and federal issues.
January 1, 2005... Arbitration has become very common in courts around the country, including those in Florida. For even the experienced lawyer who is faced with deciding where to pursue a case that could potentially find its way into arbitration, some thought...

QDROs - a powerful tool for child support enforcement.(qualified domestic relations orders)
January 1, 2005... If you are like most attorneys who practice family law, you have file cabinets filled with uncollected child support arrearage judgments. Each one of those judgments represents an unhappy or dissatisfied client and an indeterminable loss of...

The ins and outs of the Florida estate tax.
January 1, 2005... Lawyers regularly are asked to deal with property owned by a decedent, and to help clients' estates comply with the Florida estate tax. In 2001, Congress enacted and President Bush signed into law the Economic Growth and Tax Relief...

The "unrelated works" exception to workers' compensation immunity.
January 1, 2005... Section 440.11(1) of Florida Statutes provides that the liability of an employer under the workers' compensation law "shall be exclusive and in place of all other liability." The employer's immunity is a quid pro quo; the employee forgoes the...

Understanding the testamentary effects of community property rules.
January 1, 2005... Significant migration to Florida has caused community property rules to have an important place in Florida jurisprudence. In 1992, the Florida probate statutes were amended to add a version of the Uniform Disposition of Community Property...

Deposing nonhumans: corporate representative depositions in Florida.
January 1, 2005... You represent the plaintiff in a complex commercial litigation case in Florida state court against a giant corporate defendant. You need to gather evidence at an early stage to push the case forward. The best way to begin to gather evidence is...

The Shadow of Justice.(Book Review)
January 1, 2005... The Shadow of Justice by Milton Hirsch Reviewed by Jan Pudlow Sage advice from experienced criminal defense attorneys to novices: "You must never ask the client why." Make sure their constitutional rights are protected. Keep the...

My Life Among the Serial Killers: Inside the Minds of the World's Most Notorious Murderers.(Book Review)
January 1, 2005... My Life Among the Serial Killers: Inside the Minds of the World's Most Notorious Murderers By Helen Morrison, M.D., and Harold Goldberg Reviewed by Sara K. Dyehouse Yes, Virginia, monsters do exist. Helen Morrison has met some of them. In...

Skinny-Dipping.(Book Review)
January 1, 2005... Skinny-Dipping By Claire Hamner Matturro Reviewed by Cheryle M. Dodd The press release caught my attention: "Article in Florida Bar News leads to major book deal." I was excited to see that the Bar Journal's companion publication had...

Black's Law Dictionary, 8th ed.(Book Review)
January 1, 2005... Vote-counters take note: Let there be no doubt about the meaning of the word "chad"--dimpled, hanging, or otherwise--in the recent presidential election. West, a Thomson business and one of the foremost providers of integrated information...

America's Lawyer-Presidents: From Law Office to Oval Office.(Brief Article)(Book Review)
January 1, 2005... What do Presidents Abraham Lincoln, Richard Nixon, and Bill Clinton have in common? They were all lawyers before they became president. In fact, 25 of America's 43 presidents have been lawyers. America's Lawyer-Presidents: From Law Office...

Rainmaking Made Simple: What Every Professional Must Know.(Brief Article)(Book Review)
January 1, 2005... With advice such as "say thank you for referrals early and often" and "never approach networking with a 'what's in it for me?' mindset," the author, a Colorado attorney, offers hundreds of tools to follow for marketing services without...

How to Defend Yourself Against Your Lawyer.(Brief Article)(Book Review)
January 1, 2005... This tidy book helps the reader know not only when an attorney is needed, but also how to choose one that will solve his or her problem for a reasonable price. While handling a law suit involving property inherited from her father, Pohl saw how...