Florida Bar Journal articles from May 2008

Florida Bar Journal archives from May 2008

Ethics in negotiation and mediation for the Florida attorney.
May 1, 2008... Lawyers face several sets of ethical obligations when engaged in negotiations on behalf of clients (1)--the obligation of competence, (2) the obligation to be truthful, (3) the obligation to be a zealous advocate, (4) the obligation to be fair,...

Noncompetition restrictions as terms in initial offers under buy/sell provisions - a monkey wrench?(Florida)
May 1, 2008... The business with two principals sharing equal ownership rights has an inherent problem from its inception--how eventually to part ways. Two commonly used strategies in managing a separation are buy/sell provisions and noncompetition...

The appellate opinion is out - now what do I do? (Florida)
May 1, 2008... Sooner or later the opinion arrives. Of course, appellate lawyers immediately flip to the last page of the opinion for the bottom line: "affirmed" or "reversed," among other options. (1) From there, emotions can run from jubilance to misery or...

Five tips every real estate practitioner should know about defective deeds.(Florida)
May 1, 2008... In the modern world of real estate, time constraints and urgency seem to lurk at every turn. As a result of these two factors, errors in the preparation of deeds abound. Title examiners and real estate practitioners frequently encounter defects...

The appealing nature of local code enforcement board decisions.
May 1, 2008... When it comes to seeking judicial review of decisions rendered by local administrative agencies, many lawyers, and even some judges, mistakenly assume that such review is commenced for all agencies in the same manner--by petition for writ of...

Florida Statute s. 39.0139: limiting the risk of serious harm to children.
May 1, 2008... F.S. [section] 39.0139, Florida's "Keeping Children Safe Act" (KCSA), became law July 1, 2007. The KCSA's declared purpose is to protect children "who have been sexually abused or exploited by a parent or other caregiver" (1) and concludes that...

Advice to the criminal bar: preparing effectively for allegations of ineffectiveness.
May 1, 2008... Florida Rule of Criminal Procedure 3.850 affords a person who has been tried and found guilty or who pleaded guilty or nolo contendere an opportunity to challenge his or her judgment and sentence and obtain post-conviction relief. (1) The 13th...

Mediation myths and urban legends.(Florida)
May 1, 2008... Mediation, (1) firmly rooted as a vital component of Florida's court system, is the present, not the wave of the future. The Florida Legislature and judiciary have created "one of the most comprehensive court-connected mediation programs in the...

Raise the Bar: Real World Solutions for a Troubled Profession.(Brief article)(Book review)
May 1, 2008... Raise the Bar: Real World Solutions for a Troubled Profession Edited by Laurence J. Fox In this compilation, members of the American Bar Association Section of Litigation interview lawyers and other trade professionals in an attempt...

The Little Green Book of Golf Law: The Real Rules of the Game of Golf.(Book review)
May 1, 2008... The Little Green Book of Golf Law--The Real Rules of the Game of Golf By John H. Minan John H. Minan, a professor at the University of San Diego School of Law, has combined the two passions in his life, golf and the law, to create a...

Americans with Disabilities Act and the Rehabilitation Act of 1973: Reasonable Accommodation for Employees with OCD, 2d ed.(Brief article)(Book review)
May 1, 2008... Reasonable Accommodations for Employees with OCD By Edward Matisik The Americans with Disabilities Act and the Rehabilitation Act of 1973: Reasonable Accommodation for Employees with OCD (2d ed.) provides new data enabling consumers...

The Condominium Concept, 10th ed.(Brief article)(Book review)
May 1, 2008... The Condominium Concept--10th Edition By Peter M. Dunbar Now in its 10th edition, completely updated and cross-referenced not only to the Florida Statutes and the Administrative Code but also to Florida appellate court decisions, The...

Protecting our independent judiciary.(President's page)
May 1, 2008... "Judicial Independence--Freedom from direction, control, or interference in the operation or exercise of judicial powers by either the legislative or executive arms of government." Legal Words Dictionary, Reed International Books As we...