Florida Bar Journal articles from January 2008

Florida Bar Journal archives from January 2008

Parallel proceedings in Florida's state and federal courts: Fifth Amendment considerations.
January 1, 2008... [ILLUSTRATION OMITTED] Crime victims rightfully demand justice. Justice, however, is not limited to Florida's criminal courts. Often, the same unlawful conduct prompting criminal prosecution also gives rise to civil liability. The civil...

Florida Legislature overhauls assignment for the benefit of creditors: more similar to bankruptcy, but with a twist.
January 1, 2008... [ILLUSTRATION OMITTED] Ask any dozen attorneys if they know how an assignment for the benefit of creditor works. Most of them will probably understand that it provides a means to liquidate an insolvent business' assets. Someone might...

The state of our trash in Florida: the use of evidence found in residential garbage to establish probable cause to search a citizen's home.
January 1, 2008... As most of us know, once we carry or drag our garbage to the street for disposal, it is fair game for authorities to snatch and sift through to their hearts' delight. Fortunately, most of our trash contains nothing but garbage and applications...

Restoring the attorney-client and work product privileges for government entities.
January 1, 2008... A little more than 20 years ago, government entities in Florida lost the ability to invoke the attorney-client privilege in almost all meetings between the governing body and its government attorney. (1) Similarly, a little more than 25 years...

What price frivolity? Section 57.105 comes to the APA.
January 1, 2008... There are several statutory provisions in the APA providing for awards of attorneys' fees. An award can be made against a party for participating in a proceeding for an "improper purpose" or for having filed frivolous, harassing, or unnecessary...

Florida's putative father registry: more work is needed to follow the established national trends toward stable adoption placements.
January 1, 2008... In 2003, the legislature revised Florida's adoption law to ensure the stability of adoption judgments. (1) This law evolved after several years where adoption reform was the subject of judicial and legislative scrutiny. Several high profile...

The need for statutory change to the right to terminate residential leases.
January 1, 2008... Florida's residential landlord-tenant law is governed by F.S. Ch. 83, Part II, the Florida Residential Landlord and Tenant Act (LL/TE Act). (1) Although there are many provisions in the LL/ TE Act that cover what remedies are available for a...

Sworn Jury.(Book review)
January 1, 2008... Sworn Jury By John D. Mills When Ft. Myers attorney and infamous playboy, Bryce Cervante, is found dead the morning after a formal fundraiser at the Edison Home, everyone suspects Dallas Kelley. Kelley, a Florida real estate mogul,...

Courting Your Clients: The Essential Guide to Legal Marketing.(Brief article)(Book review)
January 1, 2008... Courting Your Clients: The Essential Guide to Legal Marketing By Margaret Grisdela Courting Your Clients is a practical "how to" guide, written to help attorneys and legal marketers generate revenue, attract more business, and get...

Creditors' Rights, 4th ed.(Brief article)(Book review)
January 1, 2008... Creditors' Rights By Judge Alexander L. Paskay In Creditors' Rights, Revised Forth Edition, Judge Alexander L. Paskay, chief U.S. bankruptcy judge emeritus of the Middle District of Florida and adjunct professor of law at Stetson...

e-Discovery and Digital Evidence.(Brief article)(Book review)
January 1, 2008... E-discovery and Digital Evidence By Jay Grenig and William Gleisner III In their cutting-edge new text, eDiscovery and Digital Evidence, co-authors Jay Grenig and William Gleisner III have compiled an authoritative reference on...

The bar's dedicated servants. (The Florida Bar) (President's page)
January 1, 2008... In the October issue of The Florida Bar Journal, I described the makeup, background, and obligations of the Board of Governors, but the work of The Florida Bar does not stop with the board, although it might be the most visible group. Much of...