Florida Bar Journal articles from March 2003

Florida Bar Journal archives from March 2003

Gideon: then and now.(Gideon v. Wainwright)
March 1, 2003... "The poor man charged with crime has no lobby. Ensuring fairness and equal treatment in criminal trials is the responsibility of us all." Attorney General Robert Kennedy In Panama City in 1961--for the burglary of 12 bottles of Coca...

In memoriam: Fletcher G. Rush.(Obituary)
March 1, 2003... Fletcher O. Rush, former Florida Bar president, died in Orlando on January 7. Fletcher served the Bar from July 1966 to June 1967, when the country experienced the country experienced escalation of the Vietnam War, riots in America's cities,...

Gideon v. Wainwright: a 40th birthday celebration and the threat of a midlife crisis.
March 1, 2003... The U.S. Supreme Court says I am entitled to be represented by counsel," the accused told the judge in anticipation of his trial for the crime of burglary. He was poor, unable to retain counsel, and was facing a felony trial. Few observers...

The fiduciary's lawyer-client privilege: does it protect communications from discovery by a beneficiary?(Florida)
March 1, 2003... Lawyers whose practice involves estates or trusts often assume that the lawyer-client privilege generally applicable to communications between a lawyer and client shields from discovery communications between a lawyer and a client who is a...

Considerations before implementing Florida's civil theft statute.
March 1, 2003... It has become common practice, and something of an automatic-pilot response, to propound civil theft claims in cases where money or nonpecuniary property is wrongfully and fraudulently obtained by a third party. Florida's statutory based civil...

Establishing injury "by reason of" racketeering activity: a critical analysis of the 11th Circuit's per se detrimental reliance requirement and its impact on RICO class actions.
March 1, 2003... In Sikes v. Teleline, Inc. USA, 281 F.3d 1350 (11th Cir. 2002), the 11th Circuit Court of Appeals held that a plaintiff alleging a civil RICO claim based on predicate acts of mail or wire fraud must prove that "`he was a target of the scheme to...

More flexible cleanup in Florida: RCRA corrective action reforms.(Resource Conservation and Recovery Act)
March 1, 2003... The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. [section] 6901 et seq., the comprehensive program which regulates the management of hazardous waste, has undergone significant reform within the past few years. At the core of the...

Estate of Thompson: respecting the formalities of the family limited partnership.
March 1, 2003... Estate planners consistently utilize the family limited partnership (FLP) as an advanced planning technique for qualified clients. Although an estate plan involving an FLP can produce favorable estate and gift tax results (i.e., because of the...