Scope and Function of ! e Florida Bar Journal and News Editorial Board
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Scope and Function of The Florida Bar Journal and News Editorial Board
The scope and function of The Florida Bar Journal and News Editorial Board is to advise and assist the
editorial staff. To that end, the board has adopted the following guidelines:
I) Structure and Governance
A) The Florida Bar Board of Governors retains ultimate policymaking authority over the content of Bar
publications.
B) The Editorial Board of The Florida Bar Journal and News is primarily an advisory and a quality-
reviewing entity. The board shall have ultimate authority to decide whether to publish any particular article or
section column.
C) Whenever the Board of Governors considers or makes any decision on any matter affecting the edito-
rial policy or content of the Journal or News, the executive director of The Florida Bar shall notify the editor of
that consideration.
D) The executive director shall serve as publisher of The Florida Bar Journal and News.
II) Substance of the Journal
A) Purpose and General Approach. The primary purpose of the Journal is to publish articles that educate
and inform the reader. (As used in these guidelines, the work “articles” includes section columns, except when
the context requires otherwise.) Analysis, opinion, and criticism of the present state of the law are also encour-
aged, but they should be clearly identified as the author’s. Such analysis should be reasonably thorough and
accompanied by sufficient legal authority on all sides of an issue to enable the reader to assess the validity of the
opinion. When criticism is voiced, suggestions for reform should also be included. Criticism should be directed
to issues rather than against individuals.
B) Quality and Style. The board members approve articles for publication in the Journal only if they are
of publishable quality. An article possesses “publishable quality” by combining various virtues of good legal
writing, such as originality, significance of topic, thoroughness of analysis or exposition, clarity of discussion,
practicality, novelty of topic or approach, sensible organization, and good style. An article need not satisfy any
set formula to be of publishable quality, and it is not necessarily publishable merely because it exhibits a single
mark of excellence (e.g., novelty) in the extreme. Thus, even the form (i.e., the structure and style) of an article
may add to or detract from its message; form is content, and good style cannot be divorced from substance.
Although the members of the Editorial Board recognize that publishable articles ordinarily will undergo some
editing, authors should take care to edit and polish their articles before submitting them. Articles requiring sub-
stantial editing will be rejected or returned to the authors for revision.
C) Pending Proceedings; Authorial Involvement. Articles by authors currently involved in pending
proceedings on the topic of the article or by authors whose firm is involved in such proceedings will not be
published, except as follows: The editor may publish articles on broad, common topics on which numerous
proceedings often are pending, such as jurisdiction, as well as articles specifically approved by the Editorial
Board as part of a forum for conflicting sides of one or more issues in any pending proceedings. In the standard
acknowledgment letter, the editor will ask authors to disclose or disclaim their involvement in such pending
proceedings.
D) Pending Proceedings. Citations. All primary authorities cited in articles should be final, not pending
appellate review. Upon request by either the author or the section column editor, the executive committee of the
board will review any article relying heavily on nonfinal authorities to determine whether to publish it to illumi-
nate one or more important issues despite the pendency of any proceedings on point.
E) The board prefers not to review articles submitted simultaneously to other publications and requests
notification from the author that the article or any version of it has ever been published or is pending publication
in another periodical.
F) Writing Contest Winners. Manuscripts of winners of article writing contests sponsored by commit-
tees, sections, voluntary bar associations, or other related groups must be reviewed and approved by the board
in the same manner as other Journal articles; they will not automatically be published. A Bar section may sub-
mit a manuscript selected as a winner in an article writing contest in lieu of its regular section column.
G) Only completed articles will be considered for publication in the Journal (no outlines or abstracts).
III) Review Procedures
A) Review by Members of the Editorial Board. All manuscripts submitted for publication as articles in
the Journal shall be sent to at least four Editorial Board members for review. The editor may send any manu-
script submitted for publication as a section column to one or more members of the Editorial Board for review.
Editorial Board members will receive manuscripts for review frequently during the year and should review the
manuscripts, by completing the narrative review form and interlineating editorial comments on the article by the
date designated on the review form. If the article cannot be reviewed during that time, the board member should
notify the staff as soon as possible so that another board member may review the manuscript. Although board
members will often review manuscripts in their areas of practice, the board encourages each reviewer to solicit
comments from other colleagues, particularly if the topic of a manuscript is not within an area of the reviewer’s
specialty.
B) Results of Editorial Review. The board reviewers may recommend that the manuscript be published
as is, that it be published if revised as suggested, or that it not be published. The editor of the Journal shall
notify the author (and, if appropriate, the section column or guest editor) of the decision of the Editorial Board
on the manuscript. Manuscripts revised as suggested by the reviewers may be submitted for further review and
consideration for publication.
IV) Section Columns
A) Publishability. Section columns enjoy a rebuttable presumption of publication subject to compliance
with deadlines and reasonable compliance with the general guidelines on form and substance set forth previ-
ously. Sections with more than 1,000 members may submit up to ten section columns per year. Sections with
fewer than 1,000 members may submit up to five columns per year. The deadline for receipt of columns in the
editorial offices is the first working day of the monthBtwo months before actual publication.
B) Section Column Editors. The chair of each section appoints an editor for that section’s columns.
These editors must work directly with the Journal staff. Section editors must review each section column for
accuracy of text and citations, compliance with manuscript submission instructions, and consistency with the
policies of the pertinent section before submitting the column to the Journal. If a manuscript requires substan-
tial revision, the section editor shall return the manuscript to the author or revise it before submitting it to the
Journal. If written by the section editor, the column must be reviewed by at least one other person, designated
as an ad hoc editor by the section chair. If Editorial Board reviewers recommend that a column manuscript not
be published, the staff shall send the author the letter of rejection and a copy of that letter to the section editor.
To avoid rejection of a key manuscript at the last moment, the section editor shall take great care in selectingwriters and editing manuscripts. Section editors are cautioned to avoid selecting authors on the basis of political
status, friendship, or any other reason unrelated to the merits of the proposed manuscripts, to avoid submitting
unpublishable manuscripts.
C) Diverse Authorship. To encourage diverse authorship, only one column per year should be authored
by any one member of a section. (A column year is the September/October issue through the July/August issue.)
V) Committee Columns: Committees may submit one column per year. In lieu of an editor, the committee chair
may submit the article to the editorial office. The submission will be reviewed by a panel of the Editorial Board
to approve publication. Such columns will follow the same manuscript instructions as those for section columns.
VI) Special Issues
A) Special Issue. “A special issue” of The Florida Bar Journal is one for which the cover and lead
articles are devoted exclusively to aspects of a single topic. A special issue should comprise a maximum of 48
manuscript pages. This translates to approximately four articles and a brief introduction.
B) Topic Approval. The Editorial Board must approve the topics for all special issues. The publishability
of each article shall depend on review and approval under this section VI of the guidelines.
C) Guest Editor. Each special issue shall have a guest editor approved by the Editorial Board.
D) Procedures for Approval of Issue. The procedural guidelines for special issues are as follows:
1) The sponsor shall complete the Bar Journal form describing the proposed issue and its au-
thors, articles, and goals and also provide a justification for special issue treatment. The sponsor shall return the
form to the editorial office at least 30 days before the next meeting of the Editorial Board.
2) The sponsor shall make a formal presentation to the Editorial Board or the chair or other des-
ignated representative may present the proposal for the sponsor. The Editorial Board may defer for further study
or may approve or reject the special issue at the meeting.
3) If approved, the special issue shall be assigned a month of publication and the guest editor
shall be informed of deadlines and other guidelines for publication of the issue.
E) Procedures for Approval of Articles
1) In general, all articles in special issues shall comply with all the guidelines set forth above,
except that the guest editor may decide how the allotted number of pages may be divided among topics and
authors.
2) The guest editor shall inform the potential authors as soon as possible after the special is-
sue has been approved by the Editorial Board. The guest editor will write a follow-up letter with a copy to the
editorial staff to the potential authors explaining guidelines for submission of the article, review procedure, and
deadlines.
3) Authors will send their articles to the guest editor who will then forward these to the editorial
staff. The staff will then send the articles to the Editorial Board for approval in accordance with all the guide-
lines set forth above. The board reviewers may recommend publication, rejection, or publication after revision,
for any article.
4) If the board reviewers recommend that the article be published only after substantial revision,
the guest editor shall revise the manuscripts or return them to the authors if substantial revision is required. If
the Editorial Board reviewers recommend that the article not be published, the staff shall write the author the
letter of rejection and send a copy of the letter to the guest editor. To avoid rejection of a manuscript at the last
moment, the guest editor shall take great care in selecting authors and outlining the content of the article in the
initial proposal for the issue. Guest editors are cautioned to avoid selecting any author on the basis of political
status, friendship, or any other reason unrelated to the merits of the proposed manuscript, to avoid submitting
unpublishable manuscripts.
5) Manuscripts for special issues shall be received by the editorial office at least three months
before the date of the issue. Manuscripts will conform to manuscript submission instructions. Two months’production time is needed by the staff after final revisions are made by the guest editor. The editorial staff may
delay the publication date of the special issue if these deadlines are not met. Owing to rigid production sched-
ules imposed by the printer and the fiscal impact of the publication’s inflexible budget, no accommodations for
lateness can be tolerated. In view of these strict deadlines, guest editors should request publication dates that
allow sufficient preparation time for handling the proclivity of some authors toward procrastination.
F) General Responsibilities of Guest Editor:
1) The guest editor is responsible for the selection of article topics and authors and the coordina-
tion with authors in soliciting and revising manuscripts. The guest editor will propose the order in which the ar-
ticles appear and shall write an introduction to the issue. The guest editor shall also perform the editorial duties
described in these guidelines. Once an issue is assigned to a guest editor, the editorial staff will make no plans
for that issue, except for the regularly included columns; therefore, progress reports should be made by the guest
editor to the chair of the Editorial Board and to the editor. The board and staff stand ready to review plans and
make suggestions and offer any assistance.
2) The guest editor may suggest artwork and presentation, but the editorial staff will make all
final decisions regarding the cover and interior layout. The guest editor shall incur no expenses to be billed to
the Journal for manuscript preparation, postage, photographs, artwork, or other services without prior approval
of the editor.
3) The guest editor may request regular columnists, such as the president, executive director,
and sections of the Bar, to devote their columns to the topic for that issue; however, the regular columnists shall
have full discretion to deny this request.
4) If the special issue topic is specifically related to a particular concern of a Florida Bar commit-
tee or section, the guest editor should invite that group’s participation in the issue.The Florida Bar Journal
Author Information Request Form
Author Name: Primary Area of Practice:
Firm Name: Street/Mailing Address: City/State/Zip Code:
Phone: Licensed in Florida: Email Address:
Licensed Elsewhere:
Title of Article:
Has this article been previously published*? If yes, please indicate by whom, when:
Has this article been submitted to other persons/entities to be considered for publication?
If yes, please elaborate:
Are you or your firm involved in pending proceedings in any cases cited in the article?
If yes, please elaborate:
Are all authorities cited in the article final, not pending appellate review? If not, please elaborate:
Were you or your firm involved in any cases cited in the article? If yes, please elaborate:
The Bar Journal is sensitive to claims of author “conflict” by other members. Do you have an “interest” in
the topic or issues discussed in this piece – as an attorney, party, or some other beneficiary? (Which can
usually be addressed in the article, by footnote, or some other disclosure.)
Does this article discuss pending/proposed legislation? If so, please elaborate:
Other information pertinent to this submission:
* For purposes of this form, published means print or electronic distribution.
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instructions which conflict with provisions of this rate card.The Florida Bar Journal Publication Agreement _____________________________________(hereinafter “Author”), as a condition of publication in The Flor- ida Bar Journal (hereinafter “Journal”) and for no monetary compensation, hereby grants to The Florida Bar, the official publisher of the Journal, the following rights with respect to the Author’s written and/or visual work (hereinafter “Work”), entitled:_______________________________________________________________ __________________________________________________________________________________________ ____________________, which has been submitted for publication in the Journal: a) The exclusive right of first publication in any medium worldwide as part of the Journal. b) The nonexclusive, perpetual, worldwide right to reproduce, distribute, and display the Work or any part thereof, in any and all media. “Any and all media” shall include electronic publication by The Florida Bar on the Florida Bar’s Web site or elsewhere on the Internet, publication in CD-ROM format, and publication or dis- play in any other medium or form of communication, whether presently existing or hereafter developed. c) The nonexclusive, perpetual, worldwide right to grant third parties licenses to use the Work, or any part thereof, individually or in connection with other works, in any and all media as defined above, including but not limited to the right to grant licenses to commercial vendors with which The Florida Bar has an agreement, such as LEXIS-NEXIS, Westlaw, or Ebsco. The Author hereby assigns and relinquishes to The Florida Bar any and all fees or royalties received from the grant of any such license. This Publication Agreement shall become effective on the date it is signed by the Author. A facsimile copy of this Publication Agreement or any facsimile signature shall be treated as an original. The Author acknowledges and agrees that The Florida Bar reserves the right not to publish the Work for any reason. If The Florida Bar declines to publish the work, both Author and The Florida Bar will be released from all obligations under this agreement. The Author further acknowledges and agrees that The Florida Bar Journal has complete discretion as to place- ment of the article and reserves the right to edit the article according to The Florida Bar Journal’s standing format and style practices. Author represents and warrants that the Work and all figures, illustrations, photographs, charts, and other sup- plementary material are original and do not libel anyone or infringe upon any copyright, proprietary right, or any other right whatsoever of any other party or the privacy of others. Author represents and warrants that s/he has the full power and authority to execute this Publication Agreement and to grant The Florida Bar the right herein. The Author agrees to indemnify, defend and hold harmless The Florida Bar and/or its licensees against any and all claims, suits, and/or judgments, including costs, expenses, damages, and reasonable legal fees based upon and arising from Author’s violation of rights of others and/or by reason of the Author’s breach of any of the foregoing warranties. If Author obtains permission of The Florida Bar to reprint, reproduce, or republish the Work in any form, in-
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The Florida
Legal Article Guidelines
Purpose and General Approach: The primary purpose of articles and columns is to educate or
inform the reader on issues of substantive law and practical concern to lawyers.
Analysis, opinion, and criticism of the present state of the law also are encouraged and
should be clearly identified by sufficient legal authority on all sides of an issue to enable the
reader to assess the validity of the opinion. When criticism is voiced, suggestions for reform
should also be included. Criticism should be directed to issues only.
Lead articles will be reviewed by members of The Florida Bar Journal Editorial Board, who
are appointed by the president of The Florida Bar. The board, which is composed of lawyers
practicing various areas of law, has discretion over the acceptability of legal articles. The Bar
Journal’s staff is liaison between authors and the editorial board.
• Length: Articles cannot be longer than 18 double-spaced pages, including endnotes.
Outlines or abstracts will not be considered.
• Endnotes: Endnotes must be placed at the end of the article. Upon first reference to a case
or statute, the cite should be provided in the text.
• Time Frame: The editorial board generally takes 60 to 90 days to offer its judgment on each
article. After an article is approved, it is usually published in the Bar Journal within six months.
If this time frame is unacceptable, the author should submit the article to another publication.
• Publication Agreement: All authors are required to sign a publication agreement and
author information form prior to editorial board consideration
Quality and Style: The board members approve articles for publication in the Journal only if they are
of publishable quality. An article possesses “publishable quality” by combining various virtues
of good legal writing, such as originality, significance of topic, thoroughness of analysis or exposition,
clarity of discussion, practicality, novelty of topic or approach, sensible organization, and good style.
An article need not satisfy any set formula to be of publishable quality, and it is not necessarily
publishable merely because it exhibits a single mark of excellence (e.g., novelty) in the extreme. Thus,
even the form (i.e., the structure and style) of an article may add to or detract from its message; form
is content, and good style cannot be divorced from substance. Although the members of the editorial
board recognize that publishable articles ordinarily will undergo some editing, authors should takecare to edit and polish their articles before submitting them. Articles requiring substantial editing
will be rejected or returned to the authors for revision.
Pending Proceedings; Authorial Involvement: Articles by authors currently involved in pending
proceedings on the topic of the article or by authors whose firm is involved in such proceedings will
not be published, except as follows: The editor may publish articles on broad, common topics on which
numerous proceedings often are pending, such as jurisdiction, as well as articles specifically approved
by the editorial board as part of a forum for conflicting sides of one or more issues in any pending
proceedings.
All primary authorities cited in articles should be final, not pending appellate review. Upon
request by the author, the executive committee of the board will review any article relying heavily on
nonfinal authorities to determine whether to publish it to illuminate one or more important issues
despite the pendency of any proceedings on point. Prior to publication consideration, authors must
disclose or disclaim their involvement in such pending proceedings.
Citations: Citations should be consistent with the Uniform System of Citation. Endnotes must be
concise and placed at the end of the article. Excessive endnotes are discouraged.
Simultaneous Submission; Reprint: The board prefers not to review articles submitted
simultaneously to other publications. Prior to publication consideration, authors must notify the
editorial office if the article or any version of it has ever been published or is pending publication
in another periodical.
Biography: An author’s biography can be no longer than 50 words and may be edited. It should
include present firm affiliation, city of practice, law degree, and areas of practice.
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vertiser’s preferred address on same day the publisher receives within our readership market.
the response. The publisher shall not be liable for any failure to print, publish, or circulate
all or any portion of any issue containing an advertisement accepted by the
Classified Ad Cancellation Policy: publisher if the failure is caused by acts of God, strikes, accidents, or other
Classified ads must be canceled in writing prior to publication circumstances beyond the publisher’s control.
The publisher shall not be liable for any costs or damages if for any reason it
deadlines. Fax to (850) 561-9416. Please confirm all cancel- fails to publish an advertisement. The publisher’s liability for any error will not
lations. Issue date of cancellation will depend upon scheduled exceed the cost of the space occupied by the error or the erroneous ad.
deadline date for that issue. The publisher shall have no liability for errors in key numbers, or advertiser’s
index as applicable.
Attorneys Exchange: Positioning of advertisements is at the discretion of the publisher except
$80 per insertion for up to 65 words. Add $1 per word above 65 where a request for a specific preferred position is accepted by the publisher
words. All announcements edited to conform to Rules Regulating in writing.
The Florida Bar. Minimum of 6 issues, payable in advance. Publisher shall have the right to hold advertiser and/or its advertising agency
jointly and severally liable for such monies as are due and payable to the
Closing Dates: publisher for advertising which advertiser or its agent ordered and which
Published 1st and 15th of each month. Space reservations are advertising was published.
Rates are subject to change upon notice from the publisher. Should a
three weeks preceding publication. Materials are due two weeks change in rates be made, space reserved may be canceled by the advertiser
preceding publication. or its agency at the time the change becomes effective without incurring short-
rate charges, provided the advertisements published to the date of
cancellation are consistent with the appropriate frequency or volume rate.
Cancellation of space reservations for any other reason in whole or part by
Publisher’s Statement the advertiser will result in an adjustment of the rate (short-rate) based upon
past and subsequent insertions to reflect actual space used at the earned
frequency or volume rate. Conditions other than rates are subject to change
Advertising Policy of The Florida Bar Journal and News. by the publisher without notice.
No condition other than those set forth in this rate card shall be binding
The Journal, News, and Bar Web site will accept all advertising on the publisher unless specifically agreed to in writing by the publisher.
that otherwise is in keeping with the publication’s standards of Publisher will not be bound by conditions printed or appearing on order blanks
ethics, legality, and propriety, so long as such advertising is not or copy instructions which conflict with provisions of this rate card.
derogatory or demeaning. Advertising is not accepted by which
the advertiser violates or enables another to violate the Rules of
Professional Conduct or the Florida Code of Judicial Conduct. The
opinions and interpretations of the staff counsel and appropriate
committees of The Florida Bar charged with authority to interpret
the codes will be controlling.You can also read
