Rhode Island Bar Journal Rhode Island Bar Association Volume 67
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Rhode Island Bar Journal Rhode Island Bar Association Volume 67. Number 2. September/October 2018 Married, But Not Certified: An Overview of the Rhode Island MBE/WBE Certification Process What a Rhode Island Lawyer Should Know About Handling an OUI in Massachusetts The Revised Child Support Guidelines Animal Law Spans Many Legal Areas Articles 5 Married, But Not Certified: An Overview of the Rhode Island MBE/WBE Certification Process and Its Application to Married Women Editor In Chief, Mark B. Morse, Esq. Gary R. Pannone, Esq. and Samantha M. Vasques, Esq. Editor, Kathleen M. Bridge Editorial Board Victoria M. Almeida, Esq. 11 What a Rhode Island Lawyer Should Know About Handling an OUI in Joshua R. Caswell, Esq. Massachusetts Samantha Clarke, Esq. Jerry Cohen, Esq. Michael A. DelSignore, Esq. Eric D. Correira, Esq. William J. Delaney, Esq. Thomas M. Dickinson, Esq. 17 Lunch with Legends: Trailblazers, Trendsetters and Treasures of the Nicole P. Dyszlewski, Esq. Rhode Island Bar Matthew Louis Fabisch, Esq. Timothy A. Gagnon, Esq. Stephen Adams, Esq. and Jenna Pingitore, Esq. Marcia McGair Ippolito, Esq. Richard Jessup, Jr., Esq. Ali Khorsand, Esq. 19 The Revised Child Support Guidelines Ernest G. Mayo, Esq. Sharon A. Santilli, Esq. Erin McKenna, Esq. Christopher J. Menihan, Esq. Alexandra F. Miga, Esq. Lenore M. Montanaro, Esq. 27 Animal Law Spans Many Legal Areas Charlene Pratt, Esq. Lenore M. Montanaro, Esq. Amy G. Rice, Esq. Steven M. Richard, Esq. Stephen A. Smith, Esq. Hon. Brian P. Stern Elizabeth Stone, Esq. 11 Mary-Rose Watson, Esq. Clint Douglas Watts, Esq. RHODE ISLAND BAR ASSOCIATION LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, I pledge to conduct myself in a manner that will reflect honor upon the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be honest, courteous and fair. Association Officers FEATURES Carolyn R. Barone, President David N. Bazar, President-Elect Richard P. D’Addario, Treasurer 3 Watch, Listen and Learn 28 Casemaker Tip: Citation Format and Autocorrect Lynda L. Laing, Secretary 4 Seeking Law Related Education Program 29 Online Attorney Resources (OAR) Executive Director Attorney Volunteers! Helen Desmond McDonald 13 Lawyers on the Move Direct advertising inquiries to the Editor, Kathleen 4 Expand Your Client Base with the Bar’s Lawyer 33 Publish and Prosper in the Rhode Island M. Bridge, Rhode Island Bar Journal, 41 Sharpe Referral Service! Bar Journal Drive, Cranston, RI 02920, (401) 421-5740. USPS (464-680)ISSN 1079-9230 21 Rhode Island Bar Association 2017-2018 34 Cartoon Rhode Island Bar Journal is published bimonthly Legislative Report by the Rhode Island Bar Association, 34 In Memoriam 23 VLP Honor Roll 41 Sharpe Drive, Cranston, RI 02920. 34 Advertiser Index PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 25 Continuing Legal Education Subscription: $30 per year 26 SOLACE Postmaster Send Address Correction to: Rhode Island Bar Journal 41 Sharpe Drive Cranston, RI 02920 Correction: In Rhode Island Bar Journal Volume 67 Number 1 www.ribar.com Front Cover Photograph by Brian McDonald July/August 2018, in the book review for Nino and Me: My Block Island Wind Farm, New Shoreham, RI The Block Island Wind Unusual Friendship with Justice Antonin Scalia, seventh Farm, a project of Deepwater Wind, is located about 3.3 nautical miles paragraph, second sentence, the word “anecdotes” should southeast of Block Island, and is the first offshore wind farm in the United States. It features five GE Haliade 150-6MW offshore wind turbines, capable have been used instead of “antidotes.” The editors apologize of producing enough energy to power 17,000 homes. to the author for missing the error during editorial revision. Watch, Listen and Learn It started with clouds. I was 10 years old, on respect of their colleagues and judges, entered the summer vacation, laying on warm, thick blades courtroom with a quiet determination.1 When they of fescue, eyes upward and watching white puffy opened their briefcases and case files, there was clouds become animals and rocket ships and a place for everything and everything was in its Disney characters until they morphed into unrec- place. Whether they were neat-freaks or obsessive ognizable shapes and then disappeared. I would is of no moment. It was all about being disciplined, be content and lost in time until I would hear a organized and leaving nothing to chance. They maternal voice say, “Carolyn, stop day-dreaming were not going to be distracted by frantically and start setting the table for supper,” or a differ- searching through papers and other objects loosely ent command to take on some other chore that scattered and strewn about. These attorneys I knew in my heart of hearts was best suited for were focused on the task at hand and their skills Carolyn R. Barone, Esq. completion by my older brother or sister. With age were at the ready. Their arguments were cogently President came a change of perspective and cloud-watching presented to the Court. Rebuttal was part of their Rhode Island Bar Association became people-watching, something that is best preparation and not an incoherent after-thought. done while sitting on a bench in Newport, waiting They had no use for bluster. They had no need to to board a plane at Green Airport, or attending draw attention to themselves. Rather, the audi- WaterFire. When the spirit moves, I ence, of which I was a part, was drawn to them. Rebuttal was part of their prep- study peoples’ outfits, hairstyles, body Continuing to observe these attorneys, I aration and not an incoherent hardware, body art, and watch hand- realized that a great deal of their success was after-thought. They had no use holders and other lovers. Catching bits embedded in their sense of civility and collegiality. and pieces of conversations spoken by They taught me that demeaning opposing counsel, for bluster. They had no need to the passers-by, I complete their dia- whether in private, in the courtroom or its hall- draw attention to themselves. logue by making up little stories about ways, is not only a sure-fire way to prevent Rather, the audience, of which I their lives and personalities. Unbe- a negotiated settlement and create a sure-path was a part, was drawn to them. known to them, they are either living to litigation, but it is also an indicator of an at- lives of grandeur or desperation. torney’s uncertainty in both the strength of his or When I entered a courtroom for the first time her client’s case and in his or her legal skills. Ad with a case file and yellow pad in hand, I knew I hominem attacks on opposing counsel in audible was on fertile ground for people-watching. Some- tones while in the hallways of the courthouse are thing, however, was amiss. Very few people were perhaps the most egregious form of disrespect one smiling. Some were bordering on tears. Snippets of can cast upon a colleague. These attacks create a conversations were laced with expletives. It would blemish on our profession. They serve no purpose have been cruel and inhumane for me to impose other than to garner stares and negative shakes my imagination on them. They were already in of heads from all persons who are watching and the midst of their own desperation and I saw no listening. The courthouse corridors are full of place for grandeur. Turning away, I focused on my people-watchers. colleagues. I studied the gait of attorneys as they We continually strive to be the best lawyers we walked into the courtroom. Did they enter with can be. The self-imposed pressure to succeed on confidence, preoccupation or dread? Were they behalf of our clients is profound. It is impossible dressed to address the court on their third-party for us not to get caught up in our own zealous- complaint or did they appear to be coming from ness and allow our passions and emotions to an all-night party? Were their case files in disar- take control. I am certain it happened to the best ray? If so, were their legal arguments far behind? lawyers I had the good fortune to observe. I am As my time in the courtroom continued and I also certain that some people reading this message became aware of who the “players” (in the best have contrary stories to tell about their observa- sense of the word) were, I noticed a recurring tions of lawyers who also have been held in high theme. The attorneys who had the reputation regard. We are all human. for being the “best,” and who commanded the So, I leave you with the following message. Do Rhode Island Bar Journal September/October 2018 3 not think for one moment that Rhode Island Bar Journal treating your colleagues with Editorial Statement respect diminishes your abili- The Rhode Island Bar Journal is the Rhode Island Seeking Law Related Education Bar Association’s official magazine for Rhode Island ties to be a zealous advocate. attorneys, judges and others interested in Rhode Civility and collegiality are the Program Attorney Volunteers! Island law. The Bar Journal is a paid, subscription sine qua non of professional- magazine published bi-monthly, six times annually and sent to, among others, all practicing attorneys ism. I know this to be a fact. and sitting judges, in Rhode Island. This constitutes I learned this from the best. an audience of over 6,000 individuals. Covering Your Bar Association supports law related education (LRE) for Rhode issues of relevance and pro viding updates on events, Island children and adults through three, longstanding programs: programs and meetings, the Rhode Island Bar Journal ENDNOTES is a magazine that is read on arrival and, most often, 1 My message is not in the abstract.