Rhode Island Bar Journal

Rhode Island Bar Journal Rhode Island Bar Association Volume 63. Number 2. Septembe r/October 2 014 Changing Deposition Testimony Under Rule 30 Bringing Universal Health Care to Rhode Island An Extraordinary Life in the Law Drunk Driving and Warrantless Blood Tests RHODE I SLAND Bar Association 1898 4 Editor In Chief , David N. Bazar Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge Articles Editorial Board Victoria M. Almeida, Esq. David B. Kreutter, Esq. Thomas R. Bender, Esq. Kristin Sloan Maccini, Esq. 5 Not a Take-Home Exam: Vicki T. Bejma, Esq. Thomas M. Madden, Esq. Changing Deposition Testimony Under Rule 30 Jerry Cohen, Esq. Ernest G. Mayo, Esq. John P. Barylick, Esq. Patrick T. Conley, Esq. LaTricea P. Eric D. Correira, Esq. McClendon-Hunt, Esq. 11 Newest Lively Experiment: Bringing Universal Health Care William J. Delaney, Esq. John McDermott, Esq. to Rhode Island Thomas M. Dickinson Esq. Matthew R. Plain, Esq. Steven M. Richard, Esq. Samuel D. Zurier, Esq. Amy H. Goins, Esq. Jay S. Goodman, Esq. Adam D. Riser, Esq. 17 Lunch with Legends: Trailblazers, Trendsetters and Jenna Wims Hashway, Esq. Hon. Brian P. Stern Treasures of the Rhode Island Bar Marcia McGair Stephen J. Sypole, Esq. Ippolito, Esq. Christopher Wildenhain, Esq. Matthew R. Plain, Esq. 19 Drunk Driving and Warrantless Blood Tests RHODE ISLAND BAR ASSOCIATION LAWYER’S PLEDGE Robert H. Humphrey, Esq. and Kimberly A. Petta, Esq. As a member of the Rhode Island Bar Association, I pledge to conduct myself in a manner that will reflect honor upon 27 Commentary – Now You Know the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be Michael R. McElroy, Esq. honest, courteous and fair. 29 An Extraordinary Life in the Law: Frederick Bernays Wiener, Esq. Executive Director , Helen Desmond McDonald Robert Ellis Smith, Esq. Association Officers 33 Do I Still Need Bypass Trust? Bruce W. McIntyre, President Melissa E. Darigan, President-Elect Mark J. Soss, Esq. Armando E. Batastini , Treasurer Linda Rekas Sloan, Secretary Direct advertising inquiries to the Editor, Frederick D. Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. Features USPS (464-680)ISSN 1079-9230 Rhode Island Bar Journal is published bimonthly by the Rhode Island Bar Association, 115 Cedar Street, 3 No News Isn’t Good News 23 50th Annual Meeting of ACLEA Providence, RI 02903. 3 Publish and Prosper in the Rhode 25 Continuing Legal Education PERIODICALS POSTAGE PAID AT PROVIDENCE, RI Island Bar Journal 26 New Bar List Serve Gaining New Subscription: $30 per year 4 Slip Sliding Away: Environmental and Members Daily! Join Today! Postmaster Energy Law Committee on the Coast 28 SOLACE – Helping Bar Members Send Address Correction to: 9 Volunteer Lawyer Program in Times of Need Rhode Island Bar Journal 115 Cedar Street Recognition Event Lauds Members’ 32 Lawyers on the Move Providence, RI 02903 Pro Bono Service 38 In Memoriam www.ribar.com 10 Use OAR Today and Pull Together as a Team! 39 Advertiser Index Front Cover Photograph – by Brian McDonald UPPER NARRAGANSETT BAY FROM THE HEADQUARTERS BUILDING OF SAVE THE BAY Save The Bay protects, restores and improves the ecological health of the Narragansett Bay region, including its watershed and adjacent coastal waters, through an ecosystem-based approach to environmental action; defends the right of the public to use and enjoy the Bay and its surrounding XX% waters; and fosters an ethic of environmental stewardship among people who live in or visit the Narragansett Bay region. Certno. XXX-XXX-000 No News Isn’t Good News When I entered my doctor’s examining room for stand what is going on with their cases. the first time more than 20 years ago, I turned It isn’t always easy. In this era of texting, to hang my jacket on the hook behind the door, email, and social media, clients can be too de - and I saw the sign that read: “No news isn’t manding. The demands are often at unrealistic good news. It is just no news.” times such as 2:00 a.m. Setting boundaries with I turned to ask my physician about it. She clients is an important balance. It is critically smiled and said, “Patients are anxious about important for clients to have a copy of docu - laboratory test results. They make assumptions ments and dates of key events. This is especially about the results if they do not hear back. That true when attorneys are billing against retainers. is when the system can fail badly. I encourage New practitioners (and experienced attorneys them to pick up the phone and call me.” may also benefit) can gain insights on the Bruce W. McIntyre, Esq. I never forgot this exchange because it is minimal standards for acceptable client commu - President applicable in so many areas of our life. The nication by reading the Disciplinary Rules of Rhode Island Bar Association anxiety our legal clients feel when we don’t Professional Conduct: Section and Comment communicate well leads them to assume things on the Lawyer/Client Relationship Rule 1.4 that are probably not true. And that is where Communication . trouble can begin. Managing a practice is not easy. The difficulty More than 20 years as medical board disci - is compounded when clients are not kept rea - The anxiety our plinary counsel taught me straightforward com - sonably informed of the case status and work legal clients feel munication with patients forms the foundation performed. of patient satisfaction with the care delivery I am reminded of a banner my former Health when we don’t experience. Director had in her office. It read: “Information communicate It is the same with attorneys. is a resource, not a possession.” Clearly, lawyers The 39th Annual Report of the Disciplinary and clients can benefit if we all treat our com - well leads them Board of the Supreme Court of the State of munications accordingly. O to assume things Rhode Island underscores this problem. There are two tracts for resolution: Formal Complaints that are probably opened for Investigation; and informal interven - not true. And that tion of staff attorneys who spend a lot of time speaking with complainants and the attorneys is where trouble who are subject of the complaints. Underlying can begin. the vast majority of these complaints is poor communication. The clients just do not under - The Rhode Island Bar Journal is one of the Bar Association’s best means of sharing your Publish and knowledge and experience with your colleagues. Every year, attorney authors offer information and wisdom, through scholarly articles, commentaries, book reviews, and profiles, to over Prosper in t he 6,000 subscribers in Rhode Island and around the United States. In addition to sharing valuable Rhode Island in sights, authors are recognized by readers as authorities in their field and, in many cases, receive Contin uing Legal Education (CLE) credit for their published pieces . The Bar Journal ’s Bar Journal Article Selection Criteria appear on page 4 of every Bar Journal and on the Bar’s website at www.ribar.com. Aspiring authors and pre vious contributors are encouraged to contact the Rhode Island Bar Journal ’s Editor Frederick Massie by telephone: (401) 421-5740 or email: [email protected] . Rhode Island Bar Journal Septembe r/October 20 14 3 RHODE ISLAND BAR JOURNAL Editorial Statement Slip Sliding Away: Environmental and The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island attorneys, judges and others interested in Rhode Island Energy Law Committee on the Coast law. The Bar Journal is a paid, subscription magazine published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, in Rhode Island. This constitutes an audience of over 6,000 individuals. Covering issues of relevance and pro - viding updates on events, programs and meetings, the Rhode Island Bar Journal is a magazine that is read on arrival and, most often, kept for future reference. The Bar Journal publishes scholarly discourses, commen - tary on the law and Bar activities, and articles on the administration of justice. While the Journal is a serious magazine, our articles are not dull or somber. We strive to publish a topical, thought-provoking magazine that addresses issues of interest to significant segments of the Bar. We aim to publish a magazine that is read, quoted and retained. The Bar Journal encourages the free expression of ideas by Rhode Island Bar members. The Bar Journal assumes no responsibility for opinions, statements and facts in signed articles, except to the ex tent that, by publication, the subject matter merits attention. The opinions expressed in editorials represent the views of at least two-thirds of the Editorial Board, and they are not the official view of the Rhode Island Bar Association. Letters to the Editors are welcome. Article Selection Criteria • The Rhode Island Bar Journal gives primary prefer - All hands on deck – John Langlois, Marisa Desautel, Susan Forcier, Elliot Taubman, Jennifer ence to original articles, written expressly for first Taubman, Nancy Davis, Wendy Waller, Travis McDermott, Jennifer Cervenka, Natasha King, publication in the Bar Journal , by members of the Rhode Island Bar Association. The Bar Journal does Caroline Karp, Greg Schultz, and Margaret Bradley. not accept unsolicited articles from individuals who are not members of the Rhode Island Bar Association. Articles previously appearing in other publications This June, at the Ocean Mist in Matunuck, one of RI ’s more visible examples are not accepted. of climate change and coastal erosion, over 30 attorneys attended the Bar’s • All submitted articles are subject to the Journal’s Environmental and Energy Law Committee’s, Planning for Another Sandy – editors’ approval, and they reserve the right to edit or reject any articles and article titles submitted for Science and La w, a free, 3-credit, CLE Seminar covering issues related to the publication.

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