Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 60. Number 1. July /August 2 011
Rhode Island Bar Association Officers 2011-2012 Association Annual Report and Committee Reports Annual Meeting and Awards Rhode Islanders at Gettysburg RHODE I SLAND Bar Association 1898 9 39 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 Article the legal profession. I will treat all participants in the legal process with civility. In every aspect of my practice, I will be 9 Rhode Islanders at Gettysburg: honest, courteous and fair. Lessons for Criminal Defense Lawyers Michael A. DiLauro, Esq. Editor In Chief David N. Bazar Editor Frederick D. Massie Assistant Editor Kathleen M. Bridge Editorial Board Victoria M. Almeida Ellen R. Balasco Roland F. Chase Patrick T. Conley Features Jerry Cohen William J. Delaney 3 The Honor and Privilege of 25 Proposed Title Standards Revisions Jay S. Goodman Twenty-Four Years of Bar Service Open for Bar Member Review and Patricia A. Hurst Comment Taylor J. Hills 5 New Rhode Island Bar Association Graham H. Howland President and 2011-2012 Executive 26 2011 Annual Meeting Highlights Bryan W. Hudson Officers 30 Rhode Island Bar Association Report Marcia McGair Ippolito 7 Rhode Island Bar Association of Nominating Committee William M. Kolb 2011-2012 Officers’ Profiles (Article VIII, Rhode Island Bar Ernest G. Mayo Association Bylaws) Kathryn H. Petit 15 2011 Chief Justice Joseph R. Heather M. Spellman Weisberger Judicial Excellence Award 33 New Rhode Island Women’s Bar Jonathan L. Stanzler 15 2011 Joseph T. Houlihan Lifetime Association Officers and Board Jennifer L. Sylvia Joshua Teverow Mentor Award 33 Primer on Bankruptcy Practice and Timothy C. Twardowski Procedure 16 2011 Volunteer Lawyer & Pro Bono Scott J. Vernon Program For The Elderly Award 34 In Memoriam Harris K. Weiner Executive Director Helen Desmond McDonald Recipients 39 Memoriam – July 2010 – June 2011 Association William J. Delane y 17 Rhode Island Bar Journal Lauren E. 39 Angel Tavares congratulates Officers President Jones Writing Award Tanya Nieves Michael R. McElroy President-Elect 17 50 Years of Service – 2011 Honorary 41 SOLACE – Helping Bar Members J. Robert Weisberger, Jr. Members in Times of Need Treasurer 18 2011 Dorothy Lohmann Community Bruce W. McIntyre 44 Publish and Prosper in the Rhode Secretary Service Award Recipients Island Bar Journal Direct advertising inquiries to the Editor, 20 Relevant Current Events Topics 44 Counting to Ten Really Does Work Frederick D. Massie, Rhode Island Bar Journal, Inspire Lively Dialogues on Rhode 115 Cedar Street, Providence, RI 02903, Island Law Day 45 Advertiser Index (401) 421-5740. 21 Mount Saint Charles Academy USPS (464-680) ISSN 1079-9230 Rhode Island Bar Journal is published Student Wins 2011 Rhode Island bimonthly by the Rhode Island Bar Association, Law Day Essay Contest 115 Cedar Street, Providence, RI 02903. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 22 Volunteer Bar Lawyers Offer Free Information and Advice on Rhode Subscription: $30 per year Island Bar/NBC10 Ask a Lawyer Summer Hours Postmaster Partnership Programs Rhode Island Bar Association Send Address Correction to Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903 23 Bar President Lise M. Iwon and www.ribar.com NBC10 Anchor Frank Colletta Monday, June 20, 2011 Highlighted Volunteer Lawyer through Front Cover Photograph Barrington Town Hall, by Brian McDonald Contributions on Sunrise Show Friday, August 26, 2011 24 Rhode Island Bar Foundation 9:00 a.m. to 4:30 p.m.
2011 Annual Meeting Monday – Friday XX%
Cert no. XXX-XXX-000 The Honor and Privilege of Twenty-Four Years of Bar Service
By the time you are reading this, the heat of of kindness, settled in and the exam began. August will be bearing down upon us, and mem - I do not recall anything in particular about ories of our Rhode Island Bar Association 2011 either day of the bar exam other than the visit Annual Meeting will be fading. I hope you I made during the Wednesday lunch break to the enjoyed the Meeting, renewed old acquaintances, Rhode Island Bar Association offices located on paid attention to your results from the Wellness the first floor and the basement of 91 Friendship Center concerning your health, and, perhaps, Street, directly across the street from Garrahy. came away with a few practice pointers for I do have a memory of tripping down the stairs implementation down the line. from the first floor to the basement during my Before I go any further, I acknowledge the visit. I recall the stairwell as dark, but with a lot wonderful and inspiring year just completed by of traffic, as the Bar Association staff was doing Lise Iwon as our Bar Association President. She its work at a frantic pace (some things never do William J. Delaney, Esq. was instrumental in advancing ideas, forums and change). Very busy indeed. President programs that have assisted not only our mem - Almost four months later, June 16th came. It Rhode Island Bar Association bers, but the Rhode Island public at large, and I almost didn’t. You see, I never received a letter congratulate her on an outstanding term. Lise’s from the Supreme Court on my exam results. legacy is already evidenced by your overwhelming On June 5th, my birthday, I finally worked up acts of professionalism on behalf of Rhode Island- the nerve to call the Clerk’s office to determine ers, your personal involvement in your communi - my status. ties and, directly, with the lives of your friends I recall it was a weird phone conversation. I and families. Great job, Lise, and many thanks. was sitting in a downtown Albany fern bar get - To paraphrase Richard Dreyfuss in the movie ting razzed by my friends, not only on my 33rd classic, Let it Ride , I was “having a good day” on birthday, but about my supposed move to Rhode Our Bar Associa- June 16, 1987. It was a Tuesday, and my parents, Island to practice. Finally, I gave in, asked the tion provides each brother and I made the trek from Albany to bartender for the telephone, dialed the Clerk of Providence for my swearing in as a member of the Supreme Court, and identified myself. I asked of us the ability the Rhode Island Bar. when I could expect to receive a notice of the to hone our pro - I had initially traveled to Rhode Island on results of my exam. She paused, apparently February 23, 1987 to sit for the bar. To para - checked a list, and said to me, “Why aren’t you fessional skills, phrase Snoopy, it “was a cold and dark day ,” here for the clerkship program?” mentor younger as I travelled from Albany to Providence. I stayed So, there you have it. Following several cele - at what is now the Comfort Inn on the S-curve in brations on my joyful status as a pending Rhode attorneys and Pawtucket for the two days of the exam. Magnum Island attorney, Mom, Dad, my brother Joey and PI was showing an episode starring Frank Sinatra I arrived on June 16th on the Seventh Floor of develop programs as James Delaney, a New York City Police Lieu- 250 Benefit Street. Joey was late (as usual). He and platforms to tenant following a crime to the Islands (and I do missed the opening of the curtain behind the not mean Block Island). Delaney, with Magnum’s chairs and the entrance of Justice Murray to provide much- assistance, solved the crime. I thoroughly enjoyed begin the admissions ceremony. It was swell. needed leadership the show and fell asleep thinking that Sinatra On June 16, 2011, I was sworn in as President playing the Delaney character was a good omen of the Rhode Island Bar Association the “greatest to the public. for me over the next two days. little Bar Association in the US A” (with due def - I had thrown out my knee (for the 20th or so erence to Jim Carrey, star of the Farrelly Brothers time) a few weeks prior to the bar exam. I had film set and focused in Rhode Island, Me, Myself been limping around in an immobilizer with the and Irene ). Please note the coincidence of the remote hope of stabilizing it before the dreaded timing, twenty-four years to the day of my first exam dates. I entered Garrahy, hobbled to the good day in Rhode Island. And, to boot, my third floor on my crutches, and sat in my firm’s Providence office occupies the first floor assigned seat. and basement of 91 Friendship Street. Coinci- Lou Jackvony, who would be with us for the dence? I think not. I call it fate . next two days, was one of our bar examiners. He Having the honor and privilege of being a observed my discomfort and offered me another member of the Rhode Island Bar for the past chair to rest my leg. I graciously accepted his act twenty-four years has permitted me the opportu -
Rhode Island Bar Journal July /August 2011 3 nity to fulfill my goal of being a good Volunteer Lawyer Program. Veterans, RHODE ISLAND BAR JOURNAL lawyer. I have thoroughly enjoyed my please join me in accepting cases under the Editorial Statement involvement in the Rhode Island Bar Bar’s United States Armed Forces Legal The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island Association over these years as well. The Services Project. Join the newly-established attorneys, judges and others interested in Rhode Island work I have done over these years, includ - SOLACE Program. Run for a seat in the law. The Bar Journal is a paid, subscription magazine ing representing those in need, as well as General Assembly. We need more of us to published bi-monthly, six times annually and sent to, assisting in the adoptions of over ten chil - play a role in ensuring good government among others, all practicing attorneys and sitting judges, in Rhode Island. This constitutes an audience of over dren during the period, resonates tingles as here in Rhode Island. Mentor a younger 6,000 individuals. Covering issues of relevance and pro - I type these words. Rhode Island lawyers attorney. Hire a law clerk from Roger viding updates on events, programs and meetings, the make a profound difference in people’s Williams University School of Law. Do Rhode Island Bar Journal is a magazine that is read on lives, and, here in Rhode Island, our Bar something to make a difference . We can arrival and, most often, kept for future reference. The Bar Journal publishes scholarly discourses, commen - Association has proven a tireless and vital all make our quality of life, and those of tary on the law and Bar activities, and articles on the cog in every Rhode Islander’s life. others in our community, better with our administration of justice. While the Journal is a serious Our Bar Association provides each of us actions. magazine, our articles are not dull or somber. We strive to publish a topical, thought-provoking magazine that the ability to hone our professional skills, Finally, I thank each and every member addresses issues of interest to significant segments of mentor younger attorneys and develop of the Rhode Island Bar Association for the Bar. We aim to publish a magazine that is read, programs and platforms to provide much- becoming a Rhode Island attorney. I look quoted and retained. The Bar Journal encourages the needed leadership to the public. It furnish - forward to working with all of you during free expression of ideas by Rhode Island Bar members. The Bar Journal assumes no responsibility for opinions, es us with super continuing legal education this year. I wish to express in advance my statements and facts in signed articles, except to the programs, a great Bar Journal , CASEMAKER eternal gratitude to my wife and kids for extent that, by publication, the subject matter merits our 24/7, free-to-members, online law their patience and understanding when attention. The opinions expressed in editorials represent the views of at least two-thirds of the Editorial Board, library, a wide range of public service my Bar Association duties call me away. and they are not the official view of the Rhode Island opportunities, and a wonderful home head - Further, I want to express my appreciation Bar Association. Letters to the Editors are welcome. quarters. Please take the time to take full to my law partners, Richard DeMerchant Article Selection Criteria advantage of what the Rhode Island Bar and Kevin Heitke, for their enthusiasm • The Rhode Island Bar Journal gives primary prefer - Association offers each of us on a daily and support on my behalf as I begin this ence to original articles, written expressly for first basis. challenging role and responsibility. I am publication in the Bar Journal , by members of the Rhode Island Bar Association. The Bar Journal does Rhode Island Lawyers are outstanding forever in their collective debt. not accept unsolicited articles from individuals who lawyers. Do something this year, not only I thank you for the opportunity to be a are not members of the Rhode Island Bar Association. to better you professionally, but personally. part of our Rhode Island Bar Association. Articles previously appearing in other publications O are not accepted. Take a volunteer case through the Bar’s Have a happy and healthy summer. • All submitted articles are subject to the Journal’s editors’ approval, and they reserve the right to edit or reject any articles and article titles submitted for publication. • Selection for publication is based on the article’s relevance to our readers, determined by content and timeliness. Articles appealing to the widest range of interests are particularly appreciated. However, com - mentaries dealing with more specific areas of law are You know financial planning. given equally serious consideration. • Preferred format includes: a clearly presented state - We know philanthropy. ment of purpose and/or thesis in the introduction; supporting evidence or arguments in the body; and a summary conclusion. Talk about a win-win. • Citations conform to the Uniform System of Citation • Maximum article size is approximately 3,500 words. However, shorter articles are preferred. • While authors may be asked to edit articles them - selves, the editors reserve the right to edit pieces for The Rhode Island Foundation has beena charitable legal size, presentation and grammar. • Articles are accepted for review on a rolling basis. planning resource for attorneys and professional Meeting the criteria noted above does not guarantee publication. Articles are selected and published at the advisors for more than90 years. Findout how we can discretion of the editors. • Submissions are preferred in a Microsoft Word for - help you provide a full range of charitable tools mat emailed as an attachment or on disc. Hard copy is acceptable, but not recommended. that offer maximum benefits to your clients. • Authors are asked to include an identification of their current legal position and a photograph, (headshot) preferably in a jpg file of, at least, 350 d.p.i., with Please call Jim Sanzi, their article submission. Direct inquiries and send articles and author’s Sr. Development Officer, photographs for publication consideration to: Rhode Island Bar Journal Editor Frederick D. Massie at (401) 427-4044 email: fmassie @ribar.com or visit www.rifoundation.org telephone: 40 1-421-5740 Material published in the Rhode Island Bar Journal remains the property of the Journal , and the author consents to the rights of the Rhode Island Bar Journal to copyright the work.
4 July /August 2011 Rhode Island Bar Journal New Rhode Island Bar Association President and 2011-2012 Executive Officers
New Rhode Island Bar Association President William J. Delaney pledges to uphold and further the Bar Association’s core mission and goals. He praised Immediate Past President Lise M. Iwon for her efforts on behalf of the Bar Association and in support of public service.
The Rhode Island Bar Association Executive Officers were enthusiastically and unanimously endorsed at the 2011 Annual Meeting. [l to r] J. Robert Weisberger, Jr., Esq., Treasurer, counsel with Edwards Angell Palmer & Dodge; Michael R. McElroy, Esq., President- Elect, partner of Schacht & McElroy; Bruce W. McIntyre, Esq., legal counsel for the Rhode Island Department of Health; and William J. Delaney, Esq., President, partner of Delaney DeMerchant & Heitke, LLP.
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6 July /August 2011 Rhode Island Bar Journal Rhode Island Bar Association 2011-2012 Officer s’ Profiles
William J. Delaney, Esq. Michael R. McElroy, Esq. J. Robert Weisberger, Jr., Esq. Bruce W. McIntyre, Esq. President President-Elect Treasurer Secretary
William J. Delaney, Esq. is President of the Michael R. McElroy, Esq. is President-Elect Rhode Island Bar Association and a partner of the Rhode Island Bar Association. He is of Delaney DeMerchant & Heitke LLC in a resident of Providence and a partner in the Providence and Harrisville. Bill received his Providence law firm of Schacht & McElroy. A undergraduate degree from the University of graduate of the University of Rhode Island, he Notre Dame, his MBA from Rensselaer earned his law degree from Boston University Polytechnic Institute, his J.D. from Albany Law School of Law and his Masters Degree in Taxa- School of Union University, and his L.L.M. in tion from Bryant University. He is a former, American Banking Law Studies from The three-term Chairman of the Superior Court Morin Center, Boston University School of Benc h/ Bar Committee, and he is a member Law. He is a member of the Rhode Island Bar of the House of Delegates and the Executive Association’s House of Delegates and Executive Committee of the Bar Association. He is a Committee, a Rhode Bar Foundation Lifetime Fellow of the Rhode Island Bar Foundation. Fellow, and a Fellow of the American Bar He is admitted to practice in Rhode Island, Association. He previously served on the Rhode Massachusetts, and Tennessee, as well as vari - Island Legal Services Board of Directors and ous United States District Courts, Courts of is currently a member of the Rhode Island Appeal, and the United States Supreme Court. Supreme Court’s MCLE Commission. Bill He is a member of the Rhode Island Associa- recently completed his eleventh year as a Roger tion for Justice. He is a former Special Assistant Williams University School of Law Adjunct Attorney General, and he is currently Legal Professor, where he also serves as an Advisory Counsel to the Rhode Island Personnel Appeal Board member. He is serving his second year Board. He is a member of the Advisory Board as Adjunct Professor at Western New England of Jammat Housing and Community Develop- College School of Law and his first at Suffolk ment Corp., a non-profit community organiza - University Law School. He is a member of the tion. He was Captain of the University of Rhode American Bar Association, the American Bank- Island Crew Team and continues to enjoy sports. ruptcy Institute, and the Massachusetts, New He and his wife Christine have three children. Hampshire, Vermont, New York, Pennsylvania and Connecticut Bar Associations. Bill is a J. Robert Weisberger, Jr., Esq. is Treasurer of recipient of the Rhode Island Bar Association’s the Rhode Island Bar Association. He is counsel Pro Bono Publico Award and the Bar’s Continu- with Edwards Angell Palmer & Dodge, serving ing Service Award . Bill resides with his family in the firm’s litigation department representing in Barrington. CVS as national litigation counsel. Bob is a member of the Rhode Island Bar Association’s
Rhode Island Bar Journal July /August 2011 7 Executive Committee and House of Delegates. He has chaired the Bar’s Call us today to learn how our qualified business valuators have helped clients with: Government Relations Committee and the Annual Meeting Planning Committee. • Mergers/acquisitions • Divorce asset allocation He has also served on several of the Bar’s • Business purchase/sale • Adequacy of insurance standing committees. Bob is a Rhode • Succession planning or • Litigation support Island Bar Foundation Fellow and a mem - buy/sell agreements • Financing ber of the American Bar Association. For • Estate and gift taxes • Mediation and arbitration many years, he served as a member of the Board of Directors and Executive Com- mittee of McCauley House. He serves his town of Smithfield as its Town Moderator. Want a qualifed, expert He enjoys sailing and playing his saxo - business valuation? phone with different music groups. Bruce W. McIntyre, Esq. is Secretary of Count on us. the Rhode Island Bar Association. He has been legal counsel to the Rhode Island Department of Health, Board of Medical Licensure and Discipline since 1991. He is currently its Acting Chief Administrative Officer. His legal expertise is in the areas of medical regulation of physicians, physician assistants, chiropractic physi - cians, and acupuncture and oriental med - William J. Piccerelli, CPA, CVA N John M. Mathias, CPA, CVA N Kevin Papa, CPA, CVA icine. He is an immediate past Director at 144 Westminster Street, Providence, RI 02903 N 401-831-0200 N pgco.com the Federation of State Medical Boards of the US, Inc. Bruce also advises the Rhode Island Director of Health on legal and legislative issues. He has served as an administrative hearing officer for the Boards of Pharmacy, Nursing, Dentistry and Certificate of Need. He is active in civic and professional associations, having served on the Jamestown Town MARC J. SOS S, ESQUIRE Council, and he is a current member of the Rhode Island Bar Association House of Delegates and its Executive Committee. He is also a member of the Bar of the United States District Court for the First Circuit and of the Supreme Court of the United States of America. O 591 0 Post Boulevard P. O. Box 1101 27 Lakewood Ranch, Florida 34 211 (9 41 ) 928-0 310 mjs @fl-estateplanning.com ww w.fl-estateplanning.com
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8 July /August 2011 Rhode Island Bar Journal Rhode Islanders at Gettysburg: Lessons for Criminal Defense Lawyers
A recent trip to Gettysburg caused me to reflect Regiment and the bumbling of General on how we criminal defense lawyers do so much Ambrose Burnside, Rhode Island’s role in the with so little, and the profound effect our Civil War is not fully appreciated .2 But, at least efforts have in deterring tyranny and oppression. at the Battle of Gettysburg, Rhode Island’s posi - Visiting the Gettysburg National Military tive contribution to the Union cause, and by Park is a transcendent experience. It is beautiful Rhode Island Light Artillery Batteries A & B country, with gently rolling terrain perfect for in particular, was profound, far exceeding their farming which, prior to the battle, most of it respective sizes by a wide margin .3 was devoted, and featuring forests and hills, In preparation for Pickett’s Charge, and to reminiscent of New England. Over a thousand soften up the Union position for the infantry bronze, granite, and marble markers cover the assault, approximately 200 pieces of artillery, Michael A. DiLauro, Esq. battlefield, beautiful works of art erected by under the command of the brilliant, young, Assistant Public Defender, veterans from both sides, commemorating unit Confederate artillery commander Colonel E. Director of Training & placements and heroic actions. While there, Porter Alexander, shelled the Union position Legislative Liaison one senses the truth in the powerful words of on Cemetery Ridge for two hours in a gigantic Colonel Joshua Lawrence Chamberlain, a hero cannonade. It was the largest ever on American of the first magnitude, whose actions in com - soil, heard several hundred miles away in mand of the 20th Maine Regiment at Little Pittsburgh. Round Top not only earned him the Congres- Rhode Island Light Artillery Battery B stood sional Medal of Honor, but probably saved slightly south and to the rear of the famed the entire left flank of the Union Army on the Copse of Trees on Cemetery Ridge. Located second day of the battle on July 2, 1863: at the epicenter of the entire Union position, In great deeds something abides. On great Confederate General Robert E. Lee designated fields something stays. Forms change and the Copse of Trees the objective for the 15,000 pass; bodies disappear, but spirits linger, to men making Pickett’s Charge. Alexander’s consecrate ground for the vision-place of artillery bombardment was meant to dislodge souls. And reverent men and women from the Rhode Island battery and other Union afar, and generations that know us not and artillery and infantry that, if left in place, that we know not of, heart-drawn to see would rake the advancing Confederate infantry. where and by whom great things were suf - During the Confederate cannonade, awful and fered and done for them, shall come to this heroic events took place at this location: deathless field to ponder and dream; And lo! At 1:00 p.m. (on July3rd) the men were The shadow of a mighty presence shall wrap ready for their mid-day meal when them in its bosom, and the power of the Confederate Artillery opened fire. When vision pass into their souls .1 Union guns replied, the fighting was Near the center of the Union line on Cemetery described as the “most terrible ever wit - Ridge, scene of the third and climactic final day nessed on this continent .” This was the start of the battle when more than 20,000 men of the two hour artillery barrage that would crashed together in what is now popularly known precede “Pickett’s Charge ”, the high water as Pickett’s Charge, lie two modest monuments mark of the Confederacy. The Gettysburg separated by about 100 yards, placed in and Gun had been struck twice receiving minor near an area known as The Angle. Somewhat damage. Private William Jones had now overshadowed by their nearby larger cousins, stepped to his place at the right wheel of they mark where Rhode Island Light Artillery the gun and having swabbed the gun, stood Batteries A & B were placed during the battle. waiting for Private Alfred Gardner to finish It is unfortunate that, with certain excep - inserting the black powder charge. At that tions such as Elisha Hunt Rhodes’ diary as a instant, a Rebel shell struck the gun and member of the 2nd RI Volunteers Infantry exploded, causing a large dent in the face of
Rhode Island Bar Journal July /August 2011 9 the guns muzzle. Tearing the head from Private William Jones killing him IfIf yyouyourour cclientlient nneedseedsds aann instantly. Private Gardner was mortal - eexpertxperrtt bubusinessusiness vvavaluation…aluuaaattion… ly wounded, struck in the left arm and ccallall iinn a realreal eexpert.xperrtt. shoulder. OverOver 22,500,55000 accurate,accurate, iindependentndependent andand defendabledefendable valuationsvaluations providedprovided sincesince thethe earlyearly 1980s.1980s. DecadesDecades ofof experienceexperience inin bothboth benchbench andand juryjury trials.trials.
LeoLeo J.J. DDeLisi,eLisi, Jr.,Jr., ASA,ASA, MMCBA,CBA, ABARABAR
AccreditedAccredited SeniorSenior AppraiserAppraiser MasterMaster CertifiedCertified BusinessBusiness AppraiserAppraiser 4 AAccreditedccredited iinn BBusinessusiness AppraisalAppraisal ReviewReview Private William Jones Private Alfred Gardner FFellow,ellow, AAmericanmerican CCollegeollege ooff ForensicForensic ExaminersExaminers VValuingaluing BusinessesBusinesses sincesince 19841984 It was reported that Colonel Alexander, seeing several pieces of artillery from Battery B being removed from the field www.DeLisiAndGhee.comwww.DeLisiAndGhee.com about a mile away, mistakenly thought that his cannonade was having the desired
989989 ReservoirReservovoir AAvAvenuevenue effect and, thus, ordered the cannonade BUSINESSBUSINESS VVAVALUATIONSALUAATTIONS 5 Cranston,Cr anston, RRII 0029102910 to cease to save ammunition . Partially as AARERE AALLLL WWEE DDO.O. AALLLL DDAY.AAYY. 401.944.0900401.944.0900 a result of this misapprehension, many [email protected]@DeLisiAndGhee.com EVERYDAY.EVERYDAY.. Union artillery and infantry units survived and were able to successfully repel Pickett’s assault. Rhode Island Light Artillery Battery A stood about 100 yards north of Battery B. Critically placed at a ninety degree jag in the stone wall from which The Angle Your Green Building Lawyer derived its name, Battery A too with - stood the Confederate artillery bombard - ment, then took heavy rifle and small If you need an experienced lawyer to handle legal arms fire from the advancing infantry. matters related to environmentally-friendly green Ultimately, Battery A succeeded in help - building issues, please contact me. ing stop the furthest Confederate advance on the field that day: First Rhode Island attorney to earn the One of the guns of Battery A was United States Green Building Council double-shotted with canister. Private (USGBC) Leadership in Energy and William C. Barker was No. 4, and he Environmental Design Accredited stood holding the lanyard which was Professional (LEED AP) designation attached to the primer to fire the piece, and, as a regiment of Pettigrew’s LEED AP with Building Design and brigade [the Twenty-sixth North Construction credential Carolina] was charging the position held by the battery and the Fourteenth Over 25 years of experience in land use, Connecticut and First Delaware regi - Christine J. Engustian planning and zoning la w, and real estate ments of infantry, and had almost Attorney at Law development and permitting reached the wall just in front of us, Sergt. Amos M. C. Olney cried out: One Grove Avenue Member of Rhode Island Builders “Barker, why the d—l don’t you fire East Providence, RI 02 914 Association, Rhode Island Chapter of that gun! pull! pull!” The No. 4 telephone: 4 01.434 .1250 the USGBC , Rhode Island Chapter of obeyed orders and the gap made in email: cjengustian @gmail.com the American Planning Association that North Carolina regiment was simply terrible. [Lewis] Armistead had just fallen, and Pickett’s charge had
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Facing east, monuments to 26th North Carolina Robbert J. Gallagher & Associates, Inc. Regiment and RI Light Artillery, Battery A (back - A Reprreseesentative of Guardiann Robert J. Gallagher, Jr., CLU, CChFC ground), Gettysburg, PA. Ageg nt P.O. Box 154467 Riverside, RI 02915 401-431-0837 rrjgiggs@[email protected]
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• We stand as a bulwark, helping to JOSEPH A. KEOUGH protect the poor, powerless, and those Retired M agistrate Judg e/ unable to protect themselves from the Rhode Island Superior Court awesome power of the government. In so doing, we help to effectuate the Is Now Available For constitutional guarantees of due Me diat io n & Ar bitrat io n Serv ices process of law. Torts, Business Disputes, Domestic Matters • As Rhode Island criminal defense lawyers, we may consider the example 110 Armistice Boulevard, Pawtucket, RI 02860 of our predecessors so long ago at (401) 724-3600 jakemas [email protected] Gettysburg. Like them, stay strong, be courageous, and fight the good fight. Alternate Dispute Resolution Be proud of the work you do. Like them, your efforts have extraordinary value far beyond your numbers and resources in promoting freedom, deterring tyranny and oppression, and promoting the rule of law.
ENDNOTES 1 Joshua Lawrence Chamberlain speaking at the dedication of the Monument to the 20th Maine, October 3, 1889, Gettysburg, PA. 2 In fact Rhode Island sent over 21,000 men to 109 Larchmont Road the Union Army in the Civil War and was repre - Warwick, Rhode Island 02886 sented at Gettysburg by almost 1,000 men in an Tel: 4 01- 439-9023 infantry regiment and five artillery batteries. http://www.gettysburg.stonesentinels.com/RI.php (last visited on 4/23/11). 3 At Gettysburg each “battery” of the Union Army was typically made up of six artillery pieces
12 July /August 2011 Rhode Island Bar Journal with only fourteen out of the sixty five batteries engaged having four. Mark Adkin, THE GETTYSBURG COMPANION (Stackpole Books, 2008) p. 141. 4 Text and photographs from the website of Battery B, Rhode Island Light Artillery, http://www.batterybri.org/ (last visited on 4/23/11). The artillery piece described as “The Gettysburg Gun’’ can be seen upon entering the Rhode Island Statehouse with an artillery shell still wedged in its muzzle and other battle damage clearly visible. 5 George R. Stewart, PICKETT ’S CHARGE : A M ICRO- HISTORY OF THE FINAL ATTACK AT GETTYSBURG (Houghton Mifflin Co., Boston, 1959) pp. 158-159. 6 Thomas M. Aldrich, THE HISTORY OF BATTERY Structuring tax-defe rred exchanges A, F IRST REGIMENT RHODE ISLAND LIGHT ARTILLERY , IN THE WAR TO PRESERVE THE UNION , throughout the U.S. 1861-1865 (Providence: Snow & Farnham, with Integrity and Expe rience Printers, 1904) p. 216. It should be noted that a healthy conversation has arisen about the viability and relative placements of the six pieces of artillery Charles J. Ajootia n, Es q. making up RI Light Artillery Battery A and the 26th North Carolina Infantry Regiment, perhaps President and Counsel R attributable to the “fog of war” and passage of time. Compare , Aldrich, supra , to, Bruce A. Trinque, ARNOLD ’S BATTERY AND THE 26 TH Rhode Island’s leading Intermedia ry since 199 7. NORTH CAROLINA , 12 Gettysburg Magazine Issue #12 (January, 1995)(arguing that 16th and not 26th North Carolina Infantry Regiment probably advanced to the stone wall in front of Battery A and even closer than the marker to the 26th North Carolina depicts). What is clear is those responsi - ble for the placement of the marker in 1986 relied upon the account provided by Battery A which is quoted liberally on the marker itself. http://www. gettysburg.stonesentinels.com/Confederate/26NC.php (last visited on 4/23/11). O
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14 July /August 2011 Rhode Island Bar Journal 20 11 ANNUAL MEETING
2011 Chief Justice Joseph R. Weisberger Judicial Excellence Award
Named in honor of its first recipient, retired Chief Justice Joseph R. Weisberger, this Award is given to a Rhode Island jurist for exemplifying and encouraging the highest level of competence, integrity, judicial temperament, ethical conduct and professionalism.
Hon. George E. Heal y, Chief Judge of Mock Trial program. He is an active participant in the Young the Rhode Island Workers’ Compensa- Employee Safety Rhode Island (YES-RI) program, teaching stu - tion Court, is honored with the 2011 dents about their employment rights. Every year, the Chief Judge Chief Justice Joseph R. Weisberger and his Court host the Annual Meeting of the New England Judicial Excellence Award. He is a Workers’ Compensation Educational Conference. He is also graduate of Northeastern University an adjunct professor of law at Roger Williams University School and Suffolk University Law School of Law. and admitted to practice in Rhode Island and Massachusetts. Prior to According to Attorney Michael S. Schwartz, “As impressive as his appointment to the Court, he his experience and accomplishments are, Chief Judge Healy is was an active workers’ compensation most widely recognized by attorneys and litigants for his great practitioner and a member of the humility and compassion. I have tried hundreds of cases before task forces which created the Workers’ Compensation Court. him, and there is no better exemplar of the highest levels of Appointed to the Court in 1991, he was sworn in as Chief Judge confidence, integrity, judicial temperament, and ethical conduct in 2004. In the last year, under his leadership, the Workers’ than Chief Judge Healy .” Compensation Court closed a greater percentage of cases at the pre-trial conference level than at any other time. He has partici - pated in many Continuing Legal Education (CLE) programs including Practical Skills. He is an officer of the Rhode Island Legal Education Partnership which manages the Rhode Island
2011 Joseph T. Houlihan Lifetime Mentor Award
Named for the late Joseph T. Houlihan who was known for his generosity of spirit and legal expertise in and out of the courtroom, the Joseph T. Houlihan Lifetime Mentor Award honors individuals who, during their careers, have consistently demonstrated an extraordinary commitment to successfully mentoring in the Rhode Island legal community. The Award recognizes an attorney who serves as a role model to other lawyers in Rhode Island and who has significantly contributed to the profession and/or the community, and those who, with their excellent counsel, have excelled as mentors and contributed to the ideals of ethics, civility, professionalism and legal skills.
Justin T. Shay, Esq. , of Cameron & According to Law Clerk Andrew Redman: “Justin’s help and Mittleman, LLP in Providence, was guidance are invaluable during my time at Cameron & honored with the Rhode Island Bar Mittleman. His open-door policy has not only fostered a cooper - Association 2011 Joseph T. Houlihan ative working environment, but also my own abilities to tackle Lifetime Mentor Award. A New York complex legal problems and to find ways to help our clients. Law School graduate and Rhode More importantly, he actively encourages me to ask any and all Island attorney for nearly thirty years, questions, and does not make me feel unintelligent or uncom - Justin focuses on real estate law, often fortable if I do not understand something. Justin’s record as a delivering lectures for Continuing role model speaks for itself: each law clerk or associate that he Legal Education and the National has worked with highly values his guidance and advice, and Business Institute seminars. He serves each considers him a friend. I have no doubt in my mind that as a court-appointed receiver and I will be a better lawyer because of Justin Shay .” commissioner for the sale of real estate. He is known for his kind and welcoming disposition, and his obliging nature. The professionalism and civility he practices every day inspires and influences those around him.
Rhode Island Bar Journal July /August 2011 15 20 11 ANNUAL MEETING
2011 Volunteer Lawyer & Pro Bono Program For The Elderly Award Recipients
PRO BONO PUBLICO AWARD Established in 1987, this award recognizes the outstanding efforts of attorneys who have provided equal access to justice to the needy through the Volunteer Lawyer Program and Pro Bono Program for the Elderly during the past year. Award criteria include: case type and difficulty, the number of hours served, and the total number of cases for the past year. Length of service through the program and total number of cases taken since joining is also considered.
Pro Bono Publico Award – Pro Bono Publico Award – Pro Volunteer Lawyer Program Bono Program for the Elderly
David B. Hathaway, Esq. graduated Arthur D. Parise, Esq . graduated from from Boston University’s School of Providence College and received his Management and School of Law and law degree from Emory University began his practice in 1987 as an asso - School of Law. He is a sole general ciate at the Cleveland, Ohio law firm practitioner in Warwick. Arthur has of Baker Hostelter, where he was been an active member of the Pro Bono named partner in 1996. In 1998, he Program for the Elderly since 1991. relocated to RI after inheriting an Since 2009, he has handled 15 divorces interest in his family’s 170 year-old for elderly couples including one farm in Exeter. He was admitted to practice in RI the same year involving a spouse who had recently entered the country and and while a sole practitioner served as a Chapter 7 Bankruptcy whose whereabouts were unknown. Trustee until 2003. He also served on the Professional Staff of Over the past several years, requests for pro bono assistance the Fee Committee in the Enron Chapter 11 bankruptcy case for divorces from elderly clients have steadily increased, and pending in the Southern District of New York. Since 2006, Arthur has never refused a request to help. Other cases have Dave’s private practice has been focused primarily on insolvency involved assisting vulnerable frail clients who have no family and related representation. in dire need of guardianships. For many years, Arthur has provid - Dave joined the Volunteer Lawyer Program (VLP) in early ed a full range of assistance for elderly citizens with no financial 2007 and from the beginning, he has made an outstanding con - resources, and he has made a contribution of over 150 hours in tribution to the Program. Dave has accepted 22 bankruptcy and the past 18 months. He has also accepted a variety of cases collections cases just in the past 18 months and contributed one through the Volunteer Lawyer Program including negotiating cus - hundred plus pro bono hours during this time period alone. tody and visitation, debt collection and municipal housing issues. Additionally, he has served on several Bar Association Commit- Arthur has served as review counsel for divorce mediation and tees and has been an active member of the Public Service recently became a volunteer through President Iwon’s SOLACE Involvement Committee, formerly Legal Services Committee, initiative. since 2004. Arthur’s other public service activities involve volunteering His support of the VLP is only one of his volunteer efforts. for referrals for homeless citizens and previously coaching soccer David currently serves on the Board of Directors of two Rhode for fourteen years. Arthur and his wife Donna have four children, Island homeless shelters, the Providence Rescue Mission and Gina, Christine, Arthur, Jr. and Michael who range in age from the Welcome House in Wakefield. Dave and his wife Kelly live 19 through 24. in Exeter and have 12 children, ages 4 through 27!
16 July /August 2011 Rhode Island Bar Journal 20 11 ANNUAL MEETING
Rhode Island Bar Journal Lauren E. Jones Writing Award Established in 1986, Rhode Island Bar Journal Lauren E. Jones, Esq. Writing Award authors are selected on the basis of: 1) presentation clarity; grammar; organization and need for editorial revisions; 2) article interest and information presentation; 3) information usefulness for the practice of law, presentation of an important legal issue and timeliness; and 4) accuracy and depth of research and information provided.
Anthony F. Cottone, Esq. , a sole encourage all Rhode Island Bar Association members to read practitioner, and Providence Deputy the Article Selection Criteria included in every issue of the City Solicitor and Chief of Litigation Rhode Island Bar Journal . Based on those guidelines, please received the 2011 Rhode Island Bar submit articles for consideration to: Rhode Island Bar Journal Journal Lauren E. Jones, Esq. Writing Editor Frederick D. Massie via email: fmassie @ribar.com. For Award for Identifying the Municipal information, telephone 401-421-5740. Client: Some Shelter from the Storm , Editor’s Note : Attorney Cottone’s article, and the full con - published in Rhode Island Bar tents of Bar Journals from the Jul y/August 2009 issue forward, Journal : Volume 59, Number 4, are available and may be viewed online and downloaded, by January/February, 2011. clicking on the Bar Journal icon on the Bar’s website Home The Editors and Editorial Board page. His and other past Bar Journal articles, may also be of the Rhode Island Bar Journal con - accessed through Casemaker, the free-to-Bar-members, 2 4/ 7 gratulate Anthony F. Cottone, Esq., the 2011 Rhode Island Bar online law library on the Bar’s web site. Journal Lauren E. Jones Writing Award recipient, and strongly
50 Years of Service - 2011 Honorary Members
Rhode Island Bar Association 2011 50 Year Honorary Members
Hon. Lincoln C. Almond Hon. Robert F. Arrigan Kenneth P. Borden, Esq. William Y. Chaika, Esq. Noel M. Field, Jr., Esq. Elia Germani, Esq. Benjamin P. Harris, III, Esq. Charles A. Hirsch, Esq. Hon. Jeremiah S. Jeremiah, Jr. Peter Lawson Kennedy, Esq. Leonard A. Kiernan, Jr., Esq. Gerald G. Norigian, Esq. Earl F. Pasbach, Esq. Vincent J. Piccirilli, Esq. Evandro R. Radoccia, Jr., Esq. At the 2 011 Annual Awards Luncheon, the Rhode Island Bar Association recognized and honored Joel Robinson, Esq. the distinguished Rhode Island attorneys who achieved a noteworthy 50 years of service. While not all Robert M. Schacht, Esq. the honorary members were able to attend the Luncheon, those who did ably represented this august Allan M. Shine, Esq. group. Louis J. Vallone, Esq. Richard W. Zacks, Esq.
Rhode Island Bar Journal July /August 2011 17 20 11 ANNUAL MEETING
2011 Dorothy Lohmann Community Service Award Recipients
The Rhode Island Bar Association’s Dorothy Lohmann Community Service Award is named in memory of Rhode Island attorney Dorothy Lohmann who devoted her entire professional life to helping the poor. The Dorothy Lohmann Community Service Award honors lawyers who make noteworthy contributions in time and effort to a Rhode Island non-profit organization on a strictly voluntary, non-paid basis.
Robert A. Arena, Esq. , Assistant General Counsel – Gaming and Finance of GTECH Corporation, in Providence, is recog - nized for his outstanding work on behalf of Habitat for Humanity of Rhode Island-Greater Providence (Habitat Providence). Habitat Providence is a nonprofit organization dedicated to eliminating poverty housing in communities in the Greater Providence area and making decent shelter a matter of conscience and action. It constructs simple, decent, affordable, ownership houses in partnership with people in need, volun - teers, businesses, churches, community and charitable organiza - tions and government agencies and raises awareness of the need for adequate and affordable housing.
According to Habitat Providence Executive Director Herman deKoe, “Bob Arena has been instrumental in providing decent and affordable housing to many low-income families who other - wise would still live in substandard and expensive rental units. In addition to his hands-on work building homes and serving a l-r: Rhode Island Bar Association President Lise M. Iwon, Esq., Habitat member of the Board of Directors for 12 years, including three Providence past Board President Bill Dibiasio, Dorothy Lohmann Community years as President, Bob has ensured that all Habitat’s legal Service Award winner Robert A. Arena, Esq., Habitat Providence Board issues are covered, policies are consistent, and the organization President Glenn Hardy, and Habitat Providence Executive Director Herman is on a sound legal footing. I cannot think of another attorney deKoe at the recently-completed Habitat duplex located at 38-40 Veazie who has had such a lasting, positive impact on a non-profit Street in Providence. organization .”
Thomas J. Liguori, Jr., Esq. , of the law firm Urso, Liguori & Urso, in Westerly, is recognized for his outstanding work on behalf of Stand Up for Animals. Located in Westerly, Stand Up For Animals’ mission is to maintain a state-of-the-art animal shelter, adoption center and regional outreach center to pro - mote the welfare of lost or abandoned pets and educate and assist those who care for them.
According to Stand Up For Animals Board Past President and Treasurer Lori L. Harrison, “Attorney Thomas Liguori’s volun - teer legal assistance, mediation skills, and expertise in construc - tion law were key in helping Stand Up For Animals build a shelter and implement programming to create a space where animals are treated with compassion and dignity and where every effort is made to return an animal to its owner or place that animal in a new safe and loving home .” l-r: Stand Up For Animals Board member Peter L. Lewiss, Esq.; Stand Up Board Past President and Treasurer Lori L. Harrison; Rhode Island Bar Association President Lise M. Iwon, Esq.; and Dorothy Lohmann Community Service Award winner, Thomas J. Liguori, Jr., Esq., outside the Stand Up For Animals shelter in Westerly.
18 July /August 2011 Rhode Island Bar Journal 20 11 ANNUAL MEETING
Neal J. McNamara, Esq. , a partner at the law firm of Nixon Peabody, LLP, in Providence is recognized for his outstanding work on behalf of the RI Coalition Against Domestic Violence. RI Coalition Against Domestic Violence’s six member agencies provide shelter and supportive services to over 10,000 victims of domestic violence each year. The Coalition works to strengthen laws to protect victims and hold abusers accountable, raise public awareness and prevent domestic violence in the community.
According to Coalition Executive Director Deborah DeBare, “Attorney Neal McNamara has donated countless hours assist - ing as pro bono defense for the organization and assisted the Coalition’s member agencies with personnel issues and other legal matters. Neal’s efforts have significantly helped the Coalition’s mission and goals and his extraordinary service exemplifies Dot Lohmann’s commitment to advocacy, justice l-r: RI Coalition Against Domestic Violence Executive Director Deborah and equity .” DeBare, Dorothy Lohmann Community Service Award winner Neal J. McNamara, Esq., and Rhode Island Bar Association President Lise M. Iwon, Esq., celebrating Attorney McNamara’s Dorothy Lohmann Community Service Award.
Mark B. Morse, Esq. from the Law Offices of Mark B. Morse in Providence, is recognized for his outstanding work on behalf of Defenders of Animals, Inc. Defenders of Animals ’, mission is to defend the inalienable rights of companion animals and wildlife through education, legal and legislative activism.
According to Defenders of Animals Director Dennis Tabella, “Attorney Mark Morse’s contributions have helped save an untold number of cats and dogs and prevented many other animals from pain and suffering. His successful legal actions, undertaken at no cost to our organization, and his ongoing participation in our efforts, including the development of an Adoption Agreement that has become a model for other pet adoption organizations, are instrumental in meeting our mis - sion and achieving our goals .”
l-r: Rhode Island Bar Association President Lise M. Iwon, Esq., Dorothy Lohmann Community Service Award winner Mark B. Morse, Esq., and Defenders of Animals Director Dennis Tabella.
Rhode Island Bar Journal July /August 2011 19 2011 LAW DAY
Relevant Current Events Topics Inspire Lively Dialogues on Rhode Island Law Day
Working with the Rhode Island Law Day Committee, chaired by Rhode Island Supreme Court Associate Justice Gilbert V. Indeglia, the Rhode Island Judiciary and the Rhode Island Bar Association organized volunteer teams of judges and lawyers who delivered law related education programs to upper and middle school classrooms throughout the state. Lesson plans, including background information and related news media stories, as well as recommended ques - tions for student consideration, were developed and produced by the Rhode Island Bar Association and reviewed and approved by the Rhode Island Law Day Committee. Relevant current events Attorney Richard J. Ratcliffe and Rhode Island District Court Associate Justice William C. Clifton topics, including posting personal infor - enjoy a light moment during a lively discussion concerning the rights of criminal defendants and crimi - mation on the web and cyber bullying, nal trial procedures, a classroom focus requested by teacher Peter Buonfiglio for his Hugh B. Bain sexting, same-sex marriage, and other Middle School students. topics selected by teachers, stimulated active student participation in discussions aimed at helping them understand how laws directly affect them and the roles lawyers and judges play in administering justice.
Rhode Island Family Court Judge Jeanne L. Shepard and Attorney Fausto Anguilla used an initial discussion of sexting to help East Providence High School teacher Michael Silva’s students gain a better understanding of the roles of lawyers and judges.
Rhode Island Bar Association Treasurer J. Robert Weisberger, Jr., Esq. and Rhode Island Family Court Judge Laureen Q. D’Ambra utilized a Powerpoint as part of their posting personal information and cyberbullying presentation to Classical High School students.
20 July /August 2011 Rhode Island Bar Journal 20 11 LAW DAY
Rhode Island Law Day 2011 Volunteer Acknowledgement Rhode Island Bar Association Volunteers Rhode Island Judiciary Volunteers Denise C. Aiken, Esq. Michael P. Lynch, Esq. Hon. Anthony A. Capraro, Jr. Hon. Mary E. McCaffrey Fausto C. Anguilla, Esq. Cristine L. McBurney, Esq. Hon. Karen Lynch Bernard Hon. John E. McCann, III Barbara A. Barrow, Esq. Eric H. Miller, Esq. Hon. Elaine T. Bucci Hon. Susan E. McGuirl Neville J. Bedford, Esq. Stephen M. Miller, Esq. Hon. Patrick T. Burke Hon. Bruce Q. Morin Thomas R. Bender, Esq. Steven A. Minicucci, Esq. Hon. William E. Carnes Hon. Francis J. Murray, Jr. William L. Bernstein, Esq. Thomas L. Mirza, Esq. Hon. William C. Clifton Hon. Stephen P. Nugent Michael R. Bottaro, Esq. Matthew H. Parker, Esq. Hon. Dianne M. Connor Hon. Rafael A. Ovalles Nelson F. Brinckerhoff, Esq. David J. Pellegrino, Esq. Hon. David R. Cruise Hon. Angela M. Paulhus Patrick S. Bristol, Esq. Thomas M. Petronio, Esq. Hon. Laureen Q. D’Ambra Hon. Pamela Woodcock Pfeiffer Thomas Connolly, Esq. Scott M. Pollard, Esq. Hon. Robert M. Ferrieri Hon. Daniel A. Procaccini Robert E. Craven, Esq. Richard D. Raspallo, Esq. Hon. Michael B. Forte Hon. Madeline Quirk David M. D’Agostino, Esq. Richard J. Ratcliffe, Esq. Hon. Bennett R. Gallo Hon. Hugo L. Ricci, Jr. William J. Delaney, Esq. Dean G. Robinson, Esq. Hon. Alan R. Goulart Hon. William P. Robinson, III Vincent A. DiMonte, Esq. Kathleen A. Ryan, Esq. Hon. Robert E. Hardman Hon. Kristin E. Rodgers R. Francis Diprete, Esq. Richard A. Sinapi, Esq. Hon. Colleen M. Hastings Hon. George T. Salem, Jr. Stetson Winslow Eddy, Esq. Patrick J. Smock, II, Esq. Hon. George E. Healy, Jr. Hon. Judith Colenback Savage Matthew L. Fabisch, Esq. Aileen L. Sprague, Esq. Hon. J. Terence Houlihan, Jr. Hon. Jeanne L. Shepard Christopher S. Gontarz, Esq. Michael A. St. Pierre, Esq. Hon. Stephen M. Isherwood Hon. Michael A. Silverstein Daniel P. Griffin, Esq. Matthew R. Watson, Esq. Hon. Christine S. Jabour Hon. Brian P. Stern Robert H. Humphrey, Esq. J. Robert Weisberger, Jr., Esq. Hon. Susan Kenny Hon. Walter R. Stone Andrea M. Iannazzi, Esq. George J. West, Esq. Hon. Jeffrey A. Lanphear Hon. Sarah Taft-Carter John R. Izzo, Esq. Bruce A. Wolpert, Esq. Hon. William J. McAtee Hon. Brian Van Couyghen Morris J. Levin, Esq.
Mount Saint Charles Academy Student Wins 2011 Rhode Island Law Day Essay Contest
The Rhode Island Bar Association and the Rhode Island Judiciary, with support from Roger Williams University School of Law, and the Rhode Island Police Chief’s Associa- tion sponsored the 2011 Rhode Island Law Day essay contest. Open to all Rhode Island 10th and 11th grade students, the 2011 Rhode Island Law Day Essay Contest offered a choice of how one of the following topics present 10th and 11th grade students with significant challenges in accepting their legal responsibilities: 1) posting personal informa - tion on the web and cyber bullying; 2) sex - ting; and 3) same-sex marriage. Caitlyn McLoughlin, a sophomore at Mount Saint Charles Academy in Woonsocket, is the winning author for her essay on the legal l-r: Rhode Island Police Chief s’ Association President and Westerly and ethical aspects social media and cyber bullying. Caitlyn Police Chief Edward Mello; Caitlyn’s mother Karenann McLoughlin, Esq.; received a $1,000 Scholastic Award made possible through Rhode Island Law Day Essay Contest initiator and Superior Court the generosity of the Rhode Island Police Chiefs’ Association Associate Justice Francis J. Darigan, Jr.; Caitlyn’s teacher John and the Rhode Island Bar Association. Caitlyn also received Guevermont; Law Day Committee member Magistrate Alan R. Goulart; an engraved trophy cup, and her school, Mount Saint Essay Contest winner Caitlyn McLouglin; Rhode Island Bar Association Charles Academy, received the Annual Rhode Island Law President Lise. M. Iwon; and Rhode Island Law Day Committee Day Essay Contest Cup for one year, and a permanent Chairman and Supreme Court Associate Justice. Gilbert V. Indeglia. plaque commemorating Caitlyn’s achievement.
Rhode Island Bar Journal July /August 2011 21 20 11 ASK A LAWYER
Volunteer Bar Lawyers Offer Free Information and Advice on Rhode Island Bar/NBC10 Ask a Lawyer Partnership Programs
In the 11th year of partnering with NBC Channel 10, the Rhode Island Bar Association’s Communications and Public Services departments arranged for volun - teer Bar members from the Bar’s Lawyer Referral Service (LRS) and Volunteer Lawyer Program (VLP) to answer viewer questions concerning Family Law. For over two hours, from 5:00 pm through 7:30 pm, volunteer attorneys responded to over 125 inquiries from Rhode Island residents and, when necessary, directed callers to the Bar’s LRS for further assis - tance.
Rhode Island Bar/NBC10 Ask a Lawyer Volunteers Answer the Call Bar members Brenda C. Harrigan, Esq., Edward M. Pepe, Esq., Carolyn R. Barone, Esq., and MaryJo Carr, Esq. responded to over 125 viewer calls during the May 18th, Ask a Lawyer, Family Law panel.
22 July /August 2011 Rhode Island Bar Journal 20 11 ASK A LAWYER
Bar President Lise M. Iwon and NB C10 Anchor Frank Colletta Highlighted Volunteer Lawyer Contributions on Sunrise Show
In May, Rhode Island Bar Association President Lise M. Iwon and NBC10 Sunrise Show news anchorman Frank Colletta discussed the excellent pro bono public services provided by members of the Bar, with Lise noting lawyers provide more volunteer service than any other profession. The two also discussed volun - teer efforts of the state’s lawyers and judges delivering the unique, 2011 Rhode Island Law Day lessons, the free legal advice offered by Bar volunteer lawyers through the Rhode Island Bar/NBC10 Ask A Lawyer partnership, and the Bar’s many public service programs including the Lawyer Referral Service and the Volunteer Lawyer Program.
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Rhode Island Bar Journal July /August 2011 23 20 11 ANNUAL MEETING
Rhode Island Bar Foundation 2011 Annual Meeting
The Rhode Island Bar Foundation’s Annual Meeting was held in Foundation President John A. Tarantino and the Board of concert with the Rhode Island Bar Association Annual Meeting Directors recognized the recipient organizations of the Interest on June 16, 2011. During the Bar Foundation’s Luncheon, on Lawyers Trust Account (IOLTA) income grants. This calendar Foundation Fellows were recognized for their outstanding year, $450,000 was granted for the provision of Rhode Island dedication to the welfare of the community and their efforts legal services and the administration of justice. to achieve the Foundation’s objectives. Rhode Island Bar
2011-2012 Rhode Island Bar Foundation Officers
Michael A. St. Pierre, Esq., President; Deborah M. Tate, Esq., Vice-President; Allan M. Shine, Secretary and James A. Jackson, Treasurer were unanimously elected as the Rhode Island Bar Foundation’s Officers for 2011-2012. The Foundation Fellows warmly thank Bar Foundation President John A. Tarantino for his excellent service and con - gratulates Michael A. St. Pierre who will begin his term as the new Rhode Island Bar Foundation President for 2011-2012. Michael A. St. Pierre, Esq. John A. Tarantino, Esq. Rhode Island Bar Past Rhode Island Bar Foundation President Foundation President
Rhode Island Bar Foundation 2011 Thomas F. Black, Jr. Memorial Scholarship
The Scholarship supports and fosters high legal practice stan - dards by assisting Rhode Island residents who show promise they will become outstanding lawyers and who need financial assistance to study law. It is named in honor of the late Thomas F. Black, Jr., known for his impressive ability as a lawyer and banker, his deeply rooted legal scholarship, and his notable par - ticipation in civic and charitable causes. Cale P. Keable, Esq., 1999 Thomas F. Black, Jr. Memorial Scholar, addressed the audience and met with the 2011 Scholarship recipients and guests.
Thomas F. Black, III, Trustee of the Kimball Foundation, Paul D. Lynch, Trustee of the Kimball Foundation, Nicholas A. Denice, 2011 Scholarship recipient, Tiffany C. Castillo, 2011 Scholarship recipient, Norman D. Baker, Jr., Trustee of the Kimball Foundation, and R. Kelly Sheridan, Esq., Chairperson of the Scholarship Committee. Bar Foundation Fellow and Past Bar Foundation and Bar Association President Joseph J. Roszkowski, Esq. speaking with Scholarship recipient Tiffany C. Castillo and her parents Martha and Julio Castillo.
24 July /August 2011 Rhode Island Bar Journal Rhode Island Bar Associat ion An nual 2010-20 11 Report Re port of t he Executi ve Director on 2 010-2011
The mission of the Rhode Island Bar Association is to represent the members of the legal profession of the state, serve the public and profession, and promote justice, professional excellence and respect for the law.
For 113 years, the Rhode Island and interests outside of the practice through a feature headlined, Bar Association has served the “Beyond the Bar ,” and in addition to book reviews on the topics profession and the public by pro - of the death penalty and coping with depression, the Journal moting justice, professional excel - showcased the many wonderful, uplifting Messages of Bar lence and respect for the rule of President Lise M. Iwon. law. It is a pleasure to submit a Other benefit programs include the Bar Members Credit report on the activities and accom - Card Program. The Law Firm Merchant Account , credit card plishments of your bar association processing for attorneys, is a custom payment solution designed during 2 01 0-1 1, a year in which Bar by Affiniscape Merchant Solutions (AMS) . AMS examined the leadership and staff continued to requirements for handling client funds and developed a system Helen D. McDonald develop new endeavors and to that resolves the ethical dilemma attorneys face when processing Executive Director educate our membership and serve credit cards so Bar members can easily accept credit card pay - the public. The dramatic changes ments from clients. in the economy ended the conventional wisdom that law offices The AON Attorneys’ Advantage Program offers profes - were somehow insulated from the cutbacks that have impacted sional liability insurance coverage sponsored by the RI Bar Asso- other professions. As we continue to emerge from challenging eco - ciation. Through a combination of Affinity Insurance Services, nomic times, the Rhode Island Bar Association remains committed Inc., the program is able to provide broad coverage, competitive to doing its part to help in a year that was challenging for the mem - rates, outstanding local service and risk management service. bers of the Bar . The online data backup program from MozyPro offers you the opportunity to secure all your important files that are now stored on a computer including legal documents, financial records, Member Benefits and photos. MozyPro is a safe way to automatically back up all the important files and documents stored on your computer. The Rhode Island Bar Association continued to provide The ABA Members Retirement Program is providing value and benefits to its members. Casemaker remains a highly- retirement plans – 401(k), profit sharing, and defined benefit valued and used membership benefit with new features and plans to law firms and lawyers in RI. Whether you operate a solo libraries increased. Bar member use of the Association’s website practice or a large firm, the ABA Program can provide an effec - continues to grow. You can easily register for CLE seminars, sign tive plan for your firm; Massachusetts Mutual Life Insurance up for Bar committees, and utilize the calendars and the great Company (MassMutual) is a sponsored provider of Disability member directory which give you instant information on every t
r Income Insurance and Long Term Care Insurance for members of o
p member including their email address and photo (when provided).
e the RIBA . Insurance services and discounts are also available
R The Rhode Island Bar Journal is published bi-monthly, six l through the Robert J. Gallagher Compan y. USI New England a
u times annually with articles concerning relevant legal issues, opin -
n is the Rhode Island Bar Association’s relationship administrator n ion pieces, member profiles, updates on members’ achievements, A with Blue Cross Blue Shield and Delta Dental. USI New England
1 book reviews, Bar news events, programs and meetings, as well as 1
0 will act as a liaison between Blue Cross/Delta Dental and Bar 2
- advertisements for products and services of interest to Bar mem -
0 members. USI will also provide Rhode Island Bar members with 1
0 bers. Downloadable copies are also available on the Bar’s website.
2 enrollment, billing service, and insurance advice.
n This last year, the Journal included many thought- o
i Over fifteen hundred Bar Association members serve on Bar t provoking and informative articles covering a wide range of prac - a i
c Committees . Unlike other bar associations which charge section
o tice-related topics including a perspective on municipal client s s dues, our committee program is free. Service on a Rhode Island
A identification and the dynamic tension between public interest
r Bar Association Committee is one of the most important func - a and ethical approaches; an expose on the unlicensed practices and B tions members may fulfill. Committees help bring members d victims associated with litigation financing, a discourse on wind n
a together in collegial and educational forums and serve to improve l
s power rights to disorderly courtroom behavior, and a special sec - I and develop the ongoing relationship between the Bar and the e tion on cyber crime and legal issues concerning personal privacy, d
o Courts. The newest Bar committees are Environmental &
h zoning, and criminal defense representation. This year’s Bar
R Energy; Elder Law and Animal Law. It is a particularly excellent Journal also provided fascinating profiles of Bar members’ lives 2 Re port of t he Executi ve Director on 2 010-2011
means for new lawyers to grow and advance professionally while Health Care Power of Attorney as well as Collection Clinics. The benefiting from the experience and wisdom of our more seasoned Collection Clinics were designed as a result of the impact of the Bar members. economic downturn on the finances of seniors in recent years. In This year, after three years operating as the New Attorney addition to the above statistics, the Lawyer Referral Service Advancement Task Force, the group was accorded full Bar com - received nearly 10,000 requests from the public for referrals. The mittee status and a new name as the New Lawyers Committee . first half hour consultation is free. If further services are required, In partnership with the Bar’s Executive Committee, and with the fee arrangements are between the client and attorney. Six thou - cooperation of over 20 other Bar committees and the Bar’s Public sand referrals were made over the last fiscal year. Services Department, the New Lawyers Committee held a fun Since 2009, an additional pro bono program, the US Armed and informative evening of interactive networking with friendly Forces Legal Services Project, was introduced in an attempt to and helpful representatives from the participating groups. The help serve our men and women in uniform with their pressing Committee also offered a free, CLE seminar for new Bar mem - legal needs. This program is filling the need for attorneys to bers titled “View From the Bench: The Superior Court Motion directly represent military personnel in a variety of civil law areas RCahleondaer ,”IsanladnhdosBtead raFsoemuinnadr,at“iTohn e 60-Second Elevator including family law, probate issues, landlord/tenant, real estate, Speech ,” on how to develop a profession-based, short description contracts, consumer, bankruptcy, collections, employment of their strengths. The CoPmremsidtteenethoJsotehdnguAe.st sTpaeraaknetri,nCoraannsdton the B(UoSaErdRRoAf ) , immigTrahtieonR/hnoadtueraIslilzaantdioBn,artoFrotsu,nidnactoiomne atlasxo, aadnmd inis - Mayor and Bar member ADliarnecFtournsg,oafttahperResheondtaetioIsnladnedsigBnaerdFtoundaotitohnercaornea-s. ApteprrsoxtihmeaTtehlyom10a0s cFa.seBslwacekr,e Jhr.anMdleemdoorviaerl tShceholalsatrship help new Bar memberstinuunedseirtsstahnadrdtwheoirkptoromfeasxsiiomniazle cIanrteerrest onyLeaarw. Tyheres Bar AFussnodciaetsitoanblwishasedreicn en1t9ly89nototifsiuedppboyrtthaendBofaorsdteorf high options. Committee memTbreursstaAlscocvooulnutn(tIeOerLeTdAh)elipncoonmtheeadnedvaesl -sess leTgraulsnteeeesdsof theleAgaml eprriaccatnicCe ostlalengdearodfsTbryialasLsiaswtiynegrRs hFoduendIsaltaionnd res - opment of the Introduicntionrdetro toPrmacatxiciemiaznedfoPurnadcatitciaoln Sskuipllpsort ftohratRhwoede have irdeecnetisvewdhaonshawowardproofmtiwseenotfybtehcoumsianngd oduotlsltaarns ding seminars and forwardedIslaancdoenrcs’epletgafol rseravniceOs.nline Attorney ($20,000) to sulpapwoyretrtsheanpdrowjehcto. TnheedTrfianlanLcaiwalyearssiFstoaunncedattoionstudy Information Resource CenTtehr e Rwhhoicdhe IwslaasndapBparoFvoedundbaytiothne and tahweaRrdhsogdre ants tloawim. TprhoevSecthoeldareslihviepryisainndhqounaolirtyofotfhleglaalteseTrvhiocems as F. Executive Committee andIslwanildl bBe aarvaAilasbsolecisaotoionn. joined in a propostaol tthoe ptheeople oBfltahcek,UJrn.,itaedpeSrtsaotenskannodwCnafnoardha.isPiamrtporefstshiveegarbainltity as Supreme Court to change Rule of Professional a lawyer and banker, his deeply rooted legal scholar - This year, President Lise Iwon continued the tradition of will be devoted to publicizing the project and offering assistance Conduct 1.1 5 to make IOLTA mandatory for all non- ship and his notable participation in civic and charita - representing the Rhode IesxleamndptBRarhAodsseoIcsilaatniodnatattotrhneeyasdmanidssitoon clarifiyntthhee ldaen v-elopmbleentcaoufsseims. ilTahr rpereogsrcahmolsa. rships of $1 5,000 each were ceremonies for our newgeusatgme ethmabteprsr.ohEiabcihts naettwornmeeyms bferor mwakseeping IOCLoTmA muniatywaorudterdeatchhis wsparsinag pforirmRarhyodfeocIuslsanfdorstPurdeesnidtsenet nter - presented with a quill peinntobarnekmsintdhaotudrinscerwimcionlaletaegaugeasinofstthIeOir LTA Iawccoonutnhtiss. past iynegart.hOeirvefrir4st0yAesakr oAf Llaawwsycehroaonld. legal clinic pro - obligation to use as muchThceareRiunlethweiarspaledaodpintegds abnyd twhreitCinogus rats , andgrwame shawvere held at senior organizations throughout the State. did those lawyers who pardedcedeodveurs 4a0n0dnceawrefauclcloyuanntds seilnecgeanMtlay rch 1C. linics for seniors were also held at the Bar headquarters. penned the Declaration of Independence. Hospital and nursing home visits were also provided by our vol - unteers. Two Divorce Mediation Clinics were held at the Bar Association for Volunteer Lawyer Program clients and their Public Service spouses in collaboration with the Roger Williams Law School t r o
under the supervision of Professor Bruce Kogan. The Pro Bono p
One of the most noble of our goals is to facilitate the avail - e
Community collaboration was also extended to the International R ability of legal services. We support pro bono, services for the eld - l a
Institute, RI Coalition for the Homeless, Women & Infants u
erly and those of modest means. Nearly 2,000 cases have been n
Hospital, Bradley Hospital, and RI Housing, etc. n processed through the Volunteer Lawyer Program, Pro Bono A 1 1
Program for the Elderly and US Armed Forces Legal Services 0
SOLACE 2 -
Project this past year. Financially eligible clients were represent - 0 1 0 ed by volunteer attorneys in matters including bankruptcy, col - We have established a program called: SOLACE – Support 2 n o
lections, consumer, education and employment. Administered by of Lawyers – All Concern Encouraged. We have approximate - i t a the Bar Association for 25 years, the Volunteer Lawyer Program ly 400 members signed up. The plan is to the develop the list i c o s continues to impact low income clients’ lives in a significant and serv, and reach out in meaningful and compassionate ways to s A
purposeful way through the dedicated efforts of its members. The judges, lawyers, court personnel, paralegals, and their families r a
Pro Bono Program for the Elderly administered through the Bar who experience a crisis, death or catastrophic illness, from the B d n
Association’s Lawyer Referral Service has been in operation for smallest problem to the largest. After speaking with Judge a l s over 35 years and the volunteer attorney members focus on the Zainey following a National Conference of Bar President’s I e d
legal needs that impact our senior citizens the most. The latest Program, President Iwon began soliciting volunteers for mem - o h
initiatives for seniors in addition to direct representation include bers of our legal community. Members will let the SOLACE R
3 Re port of t he Executi ve Director on 2 010-2011
program know of any member of the legal community or activities including: exceptional Continuing Legal Education members of their family who might have a need. SOLACE will seminars; Annual Award winners; a Free Wellness Center includ - then circulate the request to the people who have joined the ing featuring a range of interesting, healthful, and educational program and hopefully we will get results. activities including blood pressure, cholesterol, and glucose screenings, chair massages, a diverse group of law-related product and service providers, and the Meeting provided many opportu - Rhode Island Bar Foundation nities for Bar members to connect with their colleagues. There are a number of CLE publications listed on our web - President John A. Tarantino and the Board of Directors of site. Your Rhode Island Bar Association membership entitles you the Rhode Island Bar Foundation continue their hard work to to a 15% discount* off the list price of any of the American Bar maximize Interest on Lawyers Trust Account (IOLTA) income Association’s more than 300 titles, whether or not you’re a mem - and assess legal needs to maximize foundation support for legal ber of the ABA. In addition, we are working in programming services in RI . partnerships with Massachusetts Continuing Legal Education. The Rhode Island Bar Foundation also administers the MCLE is developing a series of Rhode Island handbooks includ - Thomas F. Black, Jr. Memorial Scholarship Fund which was ing: established in 1989 to support and foster high legal practice stan - - A Practical Guide to Divorce in Rhode Island dards by assisting Rhode Island residents who show promise that - A Practical Guide to Probate in Rhode Island they will become outstanding lawyers and who need financial - A Practical Guide to DUI in Rhode Island assistance to study law. The Scholarship is named in honor of the - A Practical Guide to Evidence in Rhode Island late Thomas F. Black, Jr., a person known for his impressive abil - - A Practical Guide to Discovery and Depositions in Rhode Island ity as a lawyer and banker, his deeply rooted legal scholarship and - A Practical Guide to Construction Law in Rhode Island his notable participation in civic and charitable causes. Two schol - arships of $ 15,000 each were awarded this spring for Rhode The CLE Committee is currently putting together the Fall Island students entering their first year of law school. 2011 CLE schedule with topics including: the second annual com - Congratulations to Michael A. St. Pierre who will begin mercial law update with two national speakers; admiralty law; his term as the new Rhode Island Bar Foundation President for soft tissue injuries; bankruptcy & real estate title issues; conser - 2011-2 01 2. vation easements; practical skills and recent developments. We will also co-sponsor a labor law conference with Suffolk Law School. Professional Development
The Association’s Continuing Legal Education (CLE) department continued to explore ways to provide quality CLE Risk Management Program programming as affordable as possible for our members. t
r Risk Management Program: The free, risk management pro - o Including our annual meeting, we presented 115 seminars over p
e gram sponsored by Aon Affinity was another success story. The
R the course of the last year, and, in addition there were 700 online
l program: “An Ethical Lawyer Meets the Internet” had 1,570 a registrations. Our CLE program is aimed at ensuring profession - u
n members registered and was offered on five different occasions in
n al excellence and competence for our members. This year there
A August and September of 2 010. The next annual risk management
1 has been greater focus on education in the area of technology to 1
0 program, What NASCAR , Jay-Z & the Jersey Shore Teach About
2 assist our members with staying competitive. We expanded our -
0 Ethics , with speaker Stuart I. Teicher, Esq., will be three ethics 1 online CLE options and have begun simulcasting live CLE pro - 0
2 credits, and will focus on how various elements of popular culture
n grams so members can access educational programming of a very o
i provide poignant lessons that help us understand and appreciate t specialized nature. a i the rules of professional conduct. Notice will be out over the c
o At this year’s Annual Meeting, the plenary speaker was leg - s
s summer for this free CLE program.
A endary civil rights activist Morris Seligman Dees, Jr., Esq. r
a Through the Southern Poverty Law Center, Dees battles against B
d prejudice and hatred. In the 1980s and ‘90s, he bankrupted the Ku n Work-Life Balance a l
s Klux Klan and neo-Nazi groups with a series of historic lawsuits. I
e Today, he focuses his attention on anti-government militias. In The Rhode Island Bar Association continues to support our d o
h addition to this distinguished guest speaker, the Rhode Island members’ quality of life through our Lawyers Helping Lawyers R Bar Association’s 20 11 Annual Meeting offered a wide range of (LHL) Program. Any member experiencing a personal or profes - 4 Re port of t he Executi ve Director on 2 010-2011
sional crisis may obtain immediate assistance from licensed, car - Island Law Day Classroom Program and the Rhode Island Law ing professionals as well as peer support if they so choose. The Day Essay Contest are all longstanding success stories for the Committee serves as a resource for Bar Association members, Association. Rhode Island Law Day 2 011: Our invitation to par - providing support and encouragement when needed. During the ticipate in the 2 011 Rhode Island Law Day Classroom Program past year, LHL Committee members consulted with Bar mem - on Friday, April 29, 2 011, sent to all upper and middle school bers on a range of physical and mental health issues. The Bar teachers in all Rhode Island public, private and independent Association contracts with Rhode Island Employee Assistance schools, resulted in a record number of classroom presentations Services (RIEAS) , which provides professional clinical services by judge and lawyer teams throughout the state and related news including assessment and referral at no cost to Bar Association media coverage. Similarly, invitations and Bar news releases rela - members and their families. Issues RIEAS addressed this past tive to the Law Day Essay Contest led to the largest number of year included depression, elder care, alcohol, anxiety, divorce Essay Contest entries ever received. and addiction. The Committee focused particular attention in 2 010-2 011 on * * * * * * education. The Committee sponsored a program for the Annual Meeting: “Legal and Ethical Issues Surrounding the Treatment or My thanks to President Lise M. Iwon, the Executive Com- Failure to Treat Depression: A Conversation with Dr. Peter mittee and House of Delegates and Committee Chairpersons for Kramer, M.D .” Dr. Kramer is a Brown University Medical School their support and guidance throughout the year. Each member professor, a practicing psychiatrist and best-selling author of six brings great perspective and leadership for the members. I also books including Listening to Prozac and Against Depression . The thank the tremendous Rhode Island Bar Association staff. We are program included a question and answer session regarding fortunate to have these very committed individuals contributing depression-related issues including how to promote timely diag - their talent to the delivery of quality services and benefits to our nosis and treatment of the disease. members. Their hard work and dedication are remarkable: The Committee sponsored the Bar Association’s Annual Director of Finance Karen Thompson, Director of Public Ser- Meeting Free Wellness Center offered for the first time in part - vices Susan Fontaine, Director of Continuing Legal Education nership with Blue Cross and Blue Shield of Rhode Island. The Nancy Healey, Director of Communications Frederick Massie, Free Wellness Center featured a range of free, interesting, health - Rhode Island Bar Foundation Program Director Virginia ful and educational activities. The Committee sponsored articles Caldwell, our Lawyer Referral Service Coordinators Elisa King and programming in the area of balance, wellness, and dealing and Laura Bridge, CLE Program Coordinator Tanya Nieves, with stress and addiction including a book review of Just Like Communications Coordinator Kathleen Bridge, Volunteer Someone Without Mental Illness Only More So: A Memoir by Lawyer Program Coordinator John Ellis, VLP Program Assistant Mark Vonnegut, M.D. which appeared in the May/June 2 011 Debra Saraiva, Receptionist Karen Lomax, Office Manager Susan Rhode Island Bar Journal . Cavalloro, and Law Related Education Coordinator Allison B. Baker. t r o
The programs and services of the Rhode Island Bar p e
Law Related Education Association contribute to relevant and valuable programs and R l a
services to our members, increased availability of legal services, a u
The Rhode Island Bar Association is dedicated to helping n
more effective and independent judicial system, and increased n
Rhode Island teachers interested in law related education (LRE) A
public understanding about the law. The newly-adopted Rhode 1 1
by providing volunteer lawyers for classroom presentations and 0 2
Island Bar Association Strategic Plan for 2 011 -2 01 5 outlines goals - as educational resources. The Bar supports these presentations by 0 1
and objectives to ensure we are doing the best we can to meet or 0 developing unique, student interest-focused, law-related class - 2
exceed member expectations. Chaired by Immediate Past n o
room lesson plans and educational background material. Most i President Victoria M. Almeida, the Strategic Planning Committee t a often, the Bar’s volunteer lawyers and classroom lessons are pre - i c
(SPC) developed a mission statement and a five-year strategic o s sented in the context of standard courses and/or extracurricular s
plan for the Association. The SPC commenced its work with a A programs including, History, English, Government, Civics, and r series of meetings and discussions and a survey designed to assist a Debate. The Bar Association’s goal is to increase public under - B us in developing a solid profile of our members and in assessing d n
standing of and respect for the law and the role of lawyers and a l
the Association’s priorities In the coming year, under the leader - s judges in the legal system. Bar-specific LRE programming, I ship of President William J. Delane y, we will be mindful of meet - e d
including Lawyers in the Classroom, and working in partnership o
ing those goals and objectives adopted by the House of Delegates h with the Rhode Island Judiciary on the annual, statewide, Rhode R on your behalf and will continue to work toward our vision. 5 w l i l k p e e A s s u o y t a i c o P d e m r o f n i n o i e l a e s h t i w l e e f n a r u o y e e r f d i i v n o t o c e t t c a t n o c r e c n o y u , s n o t y n a q e m o c e b i t s e u f o n o h t i s e l o v n r o i f f o d e v s e g g u s r e c s a s r o ew n o i t f f a t s . s W t a o w e e h t r k a B o t r f u f l l l i o u r s i m o i s .n E e x m p o i t x e n ) ) 2 e – m A T t p n h g a o i s i t c A s n e s i n a o h s e R t h d h t e l u h a e s n i t d l o r m a n i e e m s g t e h i . o t t s l l s i b T e i p a e L a h l l o d e r p y v h t ( yl . C s e e h o f t a o a t r r n a m w t d o r p e r e t i m a a S p s d i s n i a l p n i e l e t e n e n n t e e c u d o r t t r e h o n e c y n i f e r c e x E l o t g a t i s e t o t n a , x n w t e d h d n a d t a n o i t u n c n t o f o n i o , P h w t e r r i e o r n i e h r 2 a a d i s e t a b a t t 01 a a r u s n I ( n r h t o v t d v e ,0 e r h c s i e s a c e r e r r i o s a p u r e c n d n a e m c l b a m a e t r o p , e s o v p n e c n t n , e r n i , s T: t s u r o p r t c e s e h t h t a b a p o r s e s o p r u p t s u e h t o e p b e v e l y t r b o r n o d i p g i l v Wi h w u r t o r t e p s u o m i n a n u e , o e t a d e t x e a r e t p a y t r e l i h t s n o x o h t b ) e d d r a g e r e s sn t o m l i w t a e s o t s i h t e x d l i t o t p , h ’ e n w h t b l l o p m a p 3 $ l o i s n o i t a z i n a g r o l i n e d s e r a t n a t r o p m i n y l 0 o r o t p p g i t r 0 s i t d n e m m o c e t m p a r o gn i d i 0 , o i g e l r o r d o t n a n t a i c e 0 5 $ p q s i y s o t 0 e p r n i d i t a l s o t , 0 0 e r a r u a r a r t r t p u s e i l a o o c o f s n y w 0 0 re t t a m . e r d e s n o e h t a v a f n 0 5 $ a t r t y 0 d n a re t i t a t d n a , e x a s e u n i r a h i t a l i n h t b n v e k r o w e h , 0 n o . s e f s l l i t 2 e l b e 0 0 d e t r o p p u s t 0 0 ro F d e s r d s r t i t u c e x E r g h w o r e . 0 d e t f a r o t e o a . 4 u o n a r s n n i f f o a r t c u e f s T M s e r o c e h t e h t t d l o h t h s n r u a L a e h r t s n s r e ed i l a s e v . s e c n a t s m u c r i c t e h t f l a i r t c a s e f C u p i e o s m o r a n h o r t i c e h t o C e e t t i m m o d u s i n e f p r h f o i s e u c i m a c n y l u e ’e c i t s u j s e o i m m o n i x e s . E a B l a g a t b o r e s a e r ro t m e o r a c e r t t e h n u l o n o J s c n e d i s e s r f t o e e t t t p s f s A gn i n i s e e d i s e r n i h t s e i n a r o m e m h t no t s e b s e r , s e o d o s e d c e n e t o v e e n e d n a w t e r e h T a i c e s d i n d e r i u q e r e h s E f d n i s a l a i ye o r o o i t a m o d n o c e o t d x E n d e . q d l u o h s a p . m t f o o h R e c t h na e h T s e ’n s o m e s t r w e , m u d e l s t i e h t t p t a p o h e e r o : y v e d i a p a ) 1 o p o t r a B h t t r d t d i s d a m o h n r o t t a o i e b r A s I e i s x e n a fo i t n o c p e t t p ) n n e e h u r i t s r i f n d n a l n o i t a i c o s s A or t p m e p d T s e r n o ; t s e e c , t s r e t c A e h r P l a i t n a t s b u s t s ’y e s u n . d e t t i m t n e e l a e p n i o p u S o s We a n o i s i s a b a e p e d e R t r de u q o m e o m o t o l t r e m e r t x o w a l mo r f r g e n y n o i t n e t r p e r t t s o t e r a r o f g a e n i n o i l u Ta o o t . n o i d g yl t a w r c c a d s o C x s h R t n e s e r p e h t o t t d h t i o t k a m o o t E e h t m o c o h T ’t r u s d o e h t w x d e u L d u w a r d h t i w e k m e ’y e n r o t t a s n a t i w a r e e e /r e n w o a y v h m o p c t o t p s e e f i l c - p o e h r e n w o a e l I t yt i n u l s d n a a o i i s s a e b t n e n i a r e d o h R i t o i n n d d n o ( t o c n o a h o h R – a S t n e s b a r e v I m o r f , n s n u o f l s o m s i h T oh w t h t S n e n e l a e h t a r r o i r e p u d n e d g i s e d n t a ) 0 0 0 , 0 5 $ l e d n a l s I o i t o t n p e r n a h p I ni r a B e m y a p e h t n t e l a l s m o r d e t h e x E c i e s o p o d n a e d a n e s e r s a w r o t t a e d n n o i t a i c o s s A e o i t a i c o s s A i n i m d a c f o t r u o C - t u r 6 u d tn y w a l n i r e s t a h t y e n t i t a t d o n o i Rhode Island Bar Association 2 010-2011 Annual Rw a l eport o i n i d l i u B e n ll i b , e c i v n e s o t n o l a h e b c .s r e e h t e m o H ( t i e a r t s g e L r r o na t s u J g n i v h t n i r e h R e h T i F eR n - e e h t r t s i n i m d a n o i t n e i l c l i f g e c i d o h r o f a v f t t a t a l s i s a d e e o p o - T 0 2 p e h t e d o h R n ro i d n e f s u J t h g n i y n e d a Y o o n a 1 e h t - 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n l r e h t o d s e eh t a s i h ’s n t i e v t i d e a t a r t t p o t n u e h 9 s i h d e x i o i t e m en o r e w o n o n o t ts u d e t u c e x e t a r a s s A i b y f i d o m h t i w i c t e m a r o f i m d n n o e h n u o i D m d n s 3 d e s o p o r p s i t l l s r e t t a m . x a t d ” . s n o i t p e h s u a l c o t ) – s e i y e e m p n o C p w A r t s A u P i m t I ot n m A e P s e l o r n o e h t e h t g n u o p o c i r e m s s e tn e i a m r a m 1 n t c i b b n h c e l s s I o w t , 8 9 9 o s r o , s e y l s i l e d t c e e h t t s d l p i r p c t c A r e t f a e h t L a i c e r s e g n a i v e r o s r o t e u l n t i f o dl u l a t i i h h t d H e l i b n o f f w R n e s a g d e n a t u o n i n o i t y s s l l i b a d n a g n i t s i x e i t a l s i g t a e s u o t i a r l a m r e d o h g n i t a l e R a i b m u l o C y b d r l n d e s S n o i E a o t e c e D s o r f i t h w a L o t n a m ta u d e d . s t e s s a d i c n 011 h g i l o t e l S o u o w e v a S u s eh t t f o 0 n b m e t p e S m s e h t e h f o r A ez i i m b u n 5 9 2 0 s e h t l b r e n p p b m g d e t o v e t u t i t s n I n o i t c f o l a i c r e m m o C a o h t t 1 l c i t e r a n d l n o i t i d d a eh e t u t a t s f . t n e m e t a t s 8 9 9 o I e v F m r o f i n U d e l i f o t a r e t i o t h t n a l s n e s i g t r t a d i r o l n e r p h n e o f S gn i i s t . d t a 31 e a M 01 t o o i s Tr 9 s n o i s i v e r re i v o e c n e h o P l l T d h T . H o w o t , 6 t m o C n i i w o re , e h n a eh T n 1 yr r , 2 o t d 5 e d a p s i ,2 s e h 0 o i t i s r e f s l u e r d n a p f o 02 t i w H 1 h s : g n a s s e c i t c a r r a B 198 r tc a ” 2 t r o p p u d a g r o f m a o t w a L h w ) 2 s e 01 d A n o , v “ h w h p d e e s u i e g dr “ o p T e r t n o c h t o . 1 e t t h e h t i v o r A ( e h T e n A a i n i m s e x a e h t r c e v a e s n h T - r t a h t c i c c d n o e e s s A L o e r e o C o f h f l o f s s e E ed a b t e f A p )I o t c a p e h n o c n e e b t l i f r t s r w e x o t a – D n a d e eh t n s n o c . t c o r i m m 2 w o l e c e r s e t a t u o r A n i o t 01 n e l e s E t o t a t a i c o t s p i f a G u r t s u l a v l e R v i t u p g o d 0 s t a s o i a t d l i l i t a n i e t a t o r n i a g n g i o f f s s s r g n e r p s r e c i f f o c y t u n e m a d e i c t t a g n m A v o r p e l b e l n o i t c h o i s e t o l l t c e f f e s e e h e s e r o f i li v e v a g n i L o n s i c n a 9 D ” o h R a c i C U i w l m i s e i f i y o h R n i v o v u s no w e r i s t n e m d o d c i e d i s i b e l c t a l g n t n ’ s o d a o i s s a f se fo o l o t C n i n i T g n d e a c t c a n s u n n a b d e d o r g n c s n a r D A I ( e n u s u g a a p n m a A o l l a e p e s b d e t p ll o l s I t s e m o r r s b y s i B t r o u - n a e g s I p a a i u , p u A C g i b B w g n i o e g s e t a t s ( n p o r re f d n a t c c i T d n a l n a t s ot C L U g n i . f t d u s a u u x e f e i r y l e c i n e h c e h t s i i s b u e p ) ci t e r r e t n I o f i a l a i t , c i l e i t i p m i ra l i m p s e o c . s s 9 G y o . v i t c u s a p r o B dn a ) f l m r R w e n e s a s e r s s t c a r t n y l p e r s f a s i h t a d a c e t h T i f T d o h n a e o d n o i t a n r t i a U s t l a i c i f f O i m r o c e r e i c s s n a r e s r l u t e d d n a la r o s s A h i v e y d e C C n n e m s e r e f d d s s i p o n e t o f A p c e r b i s s de s o r t n r t o f la n m t I t i s a m m e eh o r f o y l e u r 1- h e sa n o a l s i c e m t d s x r - e h t a o o s s e p m d a o i t a a u e l l c a e n i p e l a o l n m d n m o e p s m l e e f d e t e s e t y o l n r wa l n o i o y e m b m e t n a e h t e b s e r r r, , n r a B r a n d e c i t o N i c R e s d e g i s h c a p ad n d , . r f b d o h n i s n b s a i o e R A a “ u a c t y b ya m o m f i n c o f y y c i l r t a s s A d n n o n t e o h s T b - g t o n g d r t u c l l i e c i e h o o a l n s e u o e c - n i t d u s s p , f o f h I n a o g t d y w e o a l s n i h t i w o r c c i e y r t e e r o t B r e l i t r e h a i I t r o s i c t d n a e h f e s e 012 a s o m c s r e r u a , .n o i t a l e d r p d t o c ” e n n i n o i e h e l o r e h w a h d r o s s A h t n t s ic b t a a g w d r a B e U t a 1 w a u b e . s g n - c i m s s t c o h r g d e l a B l s u j s e r i C e r a e r a x h T e i t i p m i c y t i v i n s t e C y t s A o r s u r l a dn a c i t e c c ( a e h t s g n h c e 1- J w t o s f a n o i a n r u o a d o i c o s t , e b s e o p d e p p u o a h , e r n a t n r f n o p o r a h o i s s y i p t e t e d l n i h d f h i i t a o r f s r a p p u e u n e t a n a h o o f l U n h t eh v e f f i , f a B d e s n o n e g n i l s u c o o d e v a C e e h t n o l a n o i s s f s e e l l ’r s )d g i r o C h t t d 2 s r a o e g e 0 - eh t a t n i e m d 3 r 1 no e s i b e v i e t a u t 1 a n i s i t e o f a -211 o i s s t a t t a h n o t l e m r d e c i l c x o , e y r n i e r f n f 2 eh t o r , s le s n iv e s e h t h w n A h c c a r p - m o t d e - e v r a h c i u n m e m g n a m s r b i t p m i eh t .e c s e e k o l a s i li - b o t f i l u B dl u o w ’ s r e . s r y pe r L C g d f i d n i l - te E e u g e r c s n a a d er d -
7 Rhode Island Bar Association 2 010-2011 Annual Report Wi s b e T le v a r et T en o h p e l e a l a S se i r R r i t e R e m e n e t R t n & r a l u g e l P r t c e l E R na s d r o c e P t e e M 1 t i c i c i l b u 0 0 , 5 P y M 3 sg n i o r 0 1 1 , 1 e g a n a R y t r e p P a l e 1 o r 0 0 0 , 5 s n o i t s s e f e m 2 4 P Txa i t n i r 00 0 , 0 0 tn l a n o i P & l l o r y a 4 g n 0 0 , 1 R L P 6 1 & se e F m a E 00 0 , 5 0 g a t s o P Tx a O l h p 1 e c i f f 0 5 , 7 s t e M e p x E e l e c s i l p p u S & 00 5 , 2 0 M es n A l a c i d e 1 s u o e n a l d 0 0 , 0 M y v t r e e c n a n e t n i a & 00 0 , 7 0 L e B gn i s i x E R e p x E 2 e n E L 0 0 , 8 e p a r G st i f y b b o n 3 s es n L 00 0 , 0 0 e tn & s i g e 3 Txa e R L 00 0 , 7 e v i t a l w a a p n I 00 5 , 1 r e y ri u s P 3 e s n u o C D 00 0 , 0 l a n o s r e A a r e u i s s ec n R D 05 2 , 5 s o c n a t s e i t l a y & a i c e r p e M 7 l s e n i L C 00 0 , 0 s b u S r e b m e e o M 3 s i p P C 00 0 , 0 & a r g o r r p l a n o i t re t p i r c o a r u s n I M s n M s e u D C 00 5 , 7 t c a g n i l i a st n a t l u s i r o f e p x E o sn o i 8 m L 1 e c re t u p m e c i C Rhode Island Bar Association 2 010-2011 Annual Report 00 5 , 0 R c n a l l & t i r e l E n I e h e es n 2 i L e v e r P su o e n C 05 2 , 6 a r G F r e t l a c t s In e m e s a r u f C se 1 Ex (Ad N E G e h T h R — co o c n I t s e 00 0 , 0 t n B o A no i t n —— r e h t t n pe nses me r a i s s minist em o c n I re k a 1 c n I t c a r ——— 00 0 , 5 em N A B o h R a n r u o J tn a t s u S R E e d o 1 w r a m o a t e 00 0 , 5 r c s b e c n sd r a 00 0 , 5 e S L A ——— rat a n r u o J m o c n I e d 1 e e c i v r 1 00 0 , 1 1 l ive sn o i t p i 2 , 00 0 , 2 f o U F T l s I —— I 0 en o h p e l e 00 0 , 0 1 and l s t :e l d n a m o c n I 00 5 , 0 e h — N A a l a S 3 ——— d n a D s d 00 0 , 0 Memb B 00 0 , 5 a B se i r & a e R — e 00 5 , 1 3 ’r ——— 00 0 , 8 r e r i t s er s s A e R a d n a m r a B 00 5 , 7 W t n e m 00 5 , 2 Servi ——— n b e c o t B r P 00 5 , 2 9 ud T s 00 5 , 4 o i t a i et i o $ —— v a r 6 l P ces) 0 1 a n o i s s e f e t g $ $ $ $ 00 2 , 7 o s s A r P na et E — S le 1 1 0 0 , 5 h c i h w p x n n i m e 8 3 , 9 2 , 5 —— 11/12 0 , 2 8 g n i t a P s d n u f es n e 7 , 6 00 0 , 2 9 0 , 7 6 , 9 i 0 S — r a n 00 y l a l —— S U l l o r 00 01 e F t a i c se i r a & O 0 d u l c n i x E R e c n I c i f f P d e r i t e A s C T e F es n e p g a t s o d e v i r e e c s i M e m r x a o FR e In R se em n o i a r G P O E (L A L —— S e m n e c x E E u D 6 7 s e e i l p p u x om d d e M RS 0 e d l pens t ——— P R E Y W s u o e n a l l t n es n e p , c r o F s t n R E 7 e h t e e , 1 u e T r P N C I s 13 yl r m o r f a b 2 t n P c i o nd , 8 o 2 t e t a c i l 9 A es s o na l P ——— :l a t n a a ts e r e n s e i n i m d a 9 1 n o B GN I T l o r 01 e v 9 3 m o c n I P d e B 6 , 0 tc e j o r P ub f sn o i e b m e m t n E R a n o i s s e P x E ——— s e R , 1 1 o t i f e n $ 1 o 0 n o i lic 0 5 t s es n e p 0 - F 1 :e U B t g a t s P 0 S , ——— , 1 R E r 2 8 3 s & y a t c i erv a r 0 0 e 1 l 01 0 6 D , 5 ’ s r 5 Tv a r l l o r e F L A R d e o i t , O 0 ic 0 — 0 7 0 E G , 0 se es —— c i f f 0 $ e G 1 2 s e u d n 0 s d n u F 0 0 , 6 T 4 e ) M 0 T l 0 x a a r e n ——— f o 9 e E S , 0 1 l a u n n A 0 3 e c s i 1 e i l p p u S 0 x E 8 5 , 1 7 3 1 s u j , a 7 M 0 0 1 R 4 0 ——— l r , 00 5 2 s u o e n a l l 8 2 ( , B e p , 9 0 0 e 5 9 0 0 . x o r p p a V dn u F d e i t u 0 1 , , I s n e 0 c 0 dg 0 6 D 0 i $ EC 5 c e d e y o l p m $ $1 $ $ $0 $ —— 0 0 00 s 4 5 5 2 , e l a u . 0 0 0 4 et 0 $ s e , , 7 ( — t i f e n e B 7 0 1 3 D 0 , , 6 6 1 1 4 6 00 7 3 5 7 7 6 —— ) x E & 4 3 1/1 59 p e 0 5 7 3 , , 0 9 0 , , , , S 5 9 0 4 6 0 te g d u B es n e p — r C 0 5 M , 7 2 t p i r c s b u 4 4 5 e 05 6 0 — t a i c o 6 8 0 0 0 ) s e c s i p ( 1 $ re i C 0 S 0 6 7 no i m e , s u o e n a l l o 7 4 In 0 0 , 5 t u p m , SR L 1 Ex (C C 1 1 0 2 9 — co i sn o i C T 0 P 0 8 0 sr a n — N O o LE , 5 u 6 c i r e l p m 0 5 — l a t 0 ) b en 1 $ e — re t a c i l A A T N 0 P 0 2 - I T — s x E o , m o c n I la r n n 6 t e 0 0 e o — l a t 21 0 n N 9 n s fe sn o i es n e p — , 8 a u 0 m o c n I a u I U s — v e R 0 5 s l l — 0 0 G N i e M 2 M on 0 — 0 4 $ e e — , e eu n al 0 0 :e e e 2 — gn i t gn i t L 1 1 , D , 2 2 —— 0 E C e 5 1 4 , 3 L A G v 05 1 — 0 EL el 0 —— , 1 op $ 6 0 0 — m ,2 E 0 —— , 1 e 1 D 0 0 n 4 2 $ — U 7 , 7 t B 5 ) 0 0 , 7 —— 0 , 2 u C , d 5 0 5 0 4 $ A 0 $ $ $ $ $ $ g 0 — $ 7 0 I T et 0 0 , 8 — , 2 , 8 5 — 0 0 NO 7 6 9 6 2 5 4 1 2 0 2 3 7 0 3 — 4 1 4 0 0 T , 5 , 8 2 , 4 5 5 , 4 0 / — , , , 1 o , 5 8 0 0 5 1 3 3 0 1 3 3 — 0 2 t 0 5 0 la — 0 0 0 4 0 8 4 0 i n r u F t e r u O a d n e h t J e n u r e m p i u q a e t e s s , 0 3 A s c c t n 0 1 0 2 * s t n u o T ( t e n e h d n a e t a t S A f o S . U r c e c c P a 2 v i e r 7 2 c . e u r 9 0 0 Lia e d i v o n e m Y m u c T As P u L Net Lia a K e r D r l b d bi i c n i s s i , M S bi y r u s a i n e d y r s t ets li e x e s a l u Ass et e c n li i t T e r n U e D A C M h t f o t la p e s n e p es m e ie s f o e t c c h s a LDT e . , e f F d s t n u o i f f o l i B R o L i r a r o p 4 $ i s a L e r r and t s n a n e r p e d a I T T T s d n 1 0 t c i r r u sl en l a t o l a t o l a t o 2 0 c d a i e 2 , c N v e r c n 0 9 a c l a i a p e T l y l 1 8 et t a i c d o a t o m a n N i L A 4 h s a y , e r i s o P Ass ets e u n e s s n i t s e e a C n o i l b e l t e i t i l i b a v i u q P e i l i b a i L 0 2 c i r e s s A st e i t s A o 0 1 n o f e t a d s st e l d n a n o e c n a l a B s e i t st n p St $ a a 7 3 e g a d n J R t 6 , 8 2 em un S h e N f o t e e h 5 9 o e ents d e h t t n i e 30, s A o f Isl )9 0 0 2 d e t i d u A st e s r of 2 an n o n 010 60 2 , 0 1 Fi d n p B o r an an n i F ar t i f cial d a Asso o a i c n 2 09 7 , 0 5 .s n o i t a z i n a g r 009 P l osi ci e t a t S ati , 3 tio , 8 4 1 on 45 1 , 1 8 s t n e m n 77 9 , 1 2 * 21 1 $ $ $ $ r o f 3, , 1 , 2 4 4 0 , 0 , , 5 1 9 , 4 2 0 , 4 9 7 9 1 e h t 71 9 , 1 6 4 6 6 63 6 , 3 4 2 59 9 , 6 6 0 5 5 4 20 4 , 2 , 2 , 7 , 46 6 79 7 69 1 y 1 6 2 5 9 s r a e 0 1 1 1 0 _ 32 1 , 5 7 8 , 2 de d n e 69 5 , 7 7 $ $ $3, $ 92 8 , 0 6 8 , 1 44 0 , 7 9 8 , 1 5 7 , 3 9 8 , 3 14 4 , 4 4 8 9 8 3 1 54 3 , 2 8 29 7 , 4 5 8 8 , 0 7 8 , 7 8 , 0 0 0 , 3 2 009 02 6 8 1 3 1 8
9 Rhode Island Bar Association 2 010-2011 Annual Report Bar Association Committee Reports
Animal Law The culmination of the introductory meetings resulted in the creation of an exciting and innovative agenda for the This year, our Bar Association upcoming 2011-2012 year. followed the lead of a growing number of bar associations around the country and accept - ed a proposal to form an Annual Meeting Animal Law Committee. As word of the imminent launch of The 2 011 Annual Meeting this new Committee spread, a Committee produced a diverse, significant number of attorneys valuable and enriching program. from around the state (and Supporting this effort, the Bar Massachusetts) responded with Association staff worked with the Committee to ensure a Katy A. Hynes enthusiastic support and volun - seamless presentation of work - Chair teered to serve. Soon thereafter, on April 28, 2 011, the Animal shops, service and product Law Committee held its first exhibits, and social events pro - meeting. viding an outstanding opportu - The Committee’s mission is to seek the participation of all nity to learn, improve your interested Bar members, including plaintiff and defense coun - Bruce W. McIntyre practice, and socialize with sel, from both the public and private sectors, to providing a Chair your colleagues. forum for exchanging ideas to: consider and discuss the legal The Meeting offered a wide issues involved in human beings’ relationship and coexistence range of workshops offering with animals; understand laws, regulations and case law per - guidance in commercial, family, federal and trial law, as well as taining to all areas of animal law; and provide continuing legal legal and courtroom technology. Program highlights included education opportunities throughout the year and at the Bar’s a seminar on the legal and ethical issues in depression treat - Annual Meeting. ment featuring guest speaker Peter Kramer, M.D. , renowned At the April and May meetings, Committee members Brown Medical School Professor and best-selling author, the shared their perspectives on the particular issues that sparked ever-popular civil and criminal case law updates and more. All their interest in animal law and discussed their views on the the workshops were enhanced by the participation of many Committees’ goals and plans. Members noted that animals distinguished and accomplished presenters. Additionally, this involve many aspects of life, and at each intersection, the year’s Meeting’s new Wellness Center, co-sponsored by the ground is fertile for special issues to arise involving animals. Bar’s Lawyers Helping Lawyers Committee and Blue Cross Accordingly, the scope of animal law is wide, and encompass - and Blue Shield of Rhode Island, featured an excellent selec - es a broad array of areas ranging from custody and domestic tion of free, interesting, healthful and educational activities for disputes to wills and estate planning; from personal injury to attendees. t
r The Annual Meeting’s Plenary Session’s distinguished
o product liability; from criminal law to constitutional law; from
p speaker was Attorney Morris S. Dees, who, with his law part - e contract law to tribal rights; from business litigation to civil R ner Joseph J. Levin, Jr. and famed civil rights activist Julian l procedure and evidence; from health and disability law to a
u Bond, founded the Southern Poverty Law Center. Through
n housing law; from governmental liability to intellectual prop -
n the Center, Dees uses the law like a sword in his battle against
A erty law; from landlord/tenant law to commercial transport
1 prejudice and hatred.
1 litigation; from medical malpractice to workers’ compensation 0
2 We honored the achievements of our outstanding col -
- and employers’ liability; from property insurance law to life 0
1 leagues at our Annual Meeting Dinner and Luncheon and
0 insurance law; from senior citizens’ issues to media, privacy 2 welcomed the election of our new slate of Officers for the
n and defamation; from land use to zoning; and from alternative o
i upcoming year.
t dispute resolution to appellate advocacy. a
i The Chair and the Committee members extend their c Against this backdrop, the Committee plans to focus on o
s heartfelt appreciation to the many individuals who so gra - s the myriad ways clients are legally impacted by the vast array A ciously served as workshop speakers and moderators and who r of human/animal interactions, ranging from the legality of a
B estate planning for companion animals, to changing liability prepared workshop materials for the benefit of the entire Bar. d
n standards and insurance coverage in dog bite cases, to com - a l s
I pensation beyond the fair market value when an animal is e
d killed, to public and private conflicts about where an animal o
h can be, and to the competing interests of wild animals and R urban, farming and recreational land use. 10 Bar Association Committee Reports
Business Organizations Patrick Guida, two nationally-recognized experts on the sub - ject presented a program for Rhode Island attorneys usually The Business Organizations available only at the annual American Bar Association (ABA) Committee met monthly conference. The program received great reviews and will be throughout the past year. offered again this Fall. This seminar was followed by a pro - Committee members reviewed gram on loss mitigation which featured speakers from the U.S. issues of interest and new legis - Justice and Treasury Departments, as well as our own lation, including proposals for Bankruptcy Court. L3C s in Rhode Island. Other Throughout the CLE year, the Continuing Legal activities included organizing Education Committee again provided full and varied pro - and presenting a number of gramming. In over 65 programs, including our popular Food seminars, including Bar-spon - For Thought sessions and longer seminars, we presented the sored seminars on organizing a quality and quantity of sessions needed by Bar members to James H. Hahn Rhode Island business and the fulfill CLE requirements and continued to offer them at a very Chair Uniform Prudent Management reasonable cost. Our Food For Thought programs focused on of Funds Act. The Committee current legal issues such as social media, estate planning for continued its review of the snowbirds, bankruptcy, estate planning in uncertain times and Revised Uniform Limited Liability Company Act (RULLCA) identity theft. and completed drafting proposed revisions to the Rhode Our Practical Skills and Recent Developments programs Island Limited Liability Company Act, including the addition continued this year. And, for the second time, we offered a of provisions similar to those in the Business Corporation Act simulcast of a live program developed by Suffolk University expressly permitting the appointment of receivers for LLC s. Law School. Contemporaneously, the Committee reviewed and drafted Massachusetts Continuing Legal Education (MCLE) con - revisions to the portions of the Business Corporation Act tinued adding to their library of Rhode Island practice books dealing with dissolution and the effect of the issuance of a cer - and now offers six titles for Rhode Island attorneys. Per our tificate of revocation by the Secretary of State. The Committee partnership agreement with MCLE , the Rhode Island Bar is coordinating review of these revisions with the Committee Association receives a percentage of revenue from the sales of on Title Practices and Standards and the Committee on these books. Creditors’ and Debtors’ Rights. Final versions of each revision On-line seminars continue to be offered through the Bar will be introduced in the 2 012 session of the General Association website. Each year, more attorneys are taking Assembl y. advantage of this convenient way to fulfill their CLE require - ments. I thank all Committee members for their hard work in planning these programs and those Rhode Island lawyers and Continuing Legal Education judges who volunteer their time as presenters. I invite all Bar Association members to submit programming suggestions at The 2 010-2 011 Continuing t r
any time and particularly encourage you to join our o
Legal Education (CLE) year p Committee. e began with our annual, free, R l a
ethics seminar. The seminar was u n
presented at five different times n A
and three separate locations 1 1 making the program easily 0 2 - 0
accessible to our members. This 1 0
year’s seminar focused on the 2 n o
internet and the unique ethical i t a
and professionalism issues it i c o
may cause for attorneys. The s
Richard M. Peirce s
Chair seminar received great reviews. A r We thank Affinity Insurance a B
Services, Inc. (Aon) for under - d n a l
writing the cost of this program allowing its presentation, free s I
of charge. e d
These programs were followed by a special seminar on o h
Commercial Law. Due to the efforts of Committee member R 11 Bar Association Committee Reports
Creditors’ and Debtors’ Rights Over the next year, the Committee is looking forward to working on additional initiatives as guided by Chief Judge This past year, Committee Jeanne E. Lafazia. The Chairs invite all interested Bar mem - members examined proposed bers to join the District Court Bench/Bar Committee as we amendments to Article 9 of the move forward. Uniform Commercial Code and the proposed enactment of the Foreign Country Money Judgment Recognition Act and Environmental and Energy Law issued recommendations with respect to the proposed amend - The Environmental and Energy ments and enactment. In addi - Law Committee (EELC) had an tion, the Committee considered active and robust second year. Richard L. Gemma and commented upon draft The EELC meets as a full Chair amendments to Rhode Island’s Committee every month from Business Corporation Act and September through May, except Limited Liability Company Act. December, from 12:30pm to Many members of the Committee have agreed to and con - 2:00pm and presents an issue- tinue to participate in an email communication system oriented speaker for an hour, as through which members of the Committee are updated on well as informative and lively EELC group member discus - insolvency issues in state and federal courts. Seth H. Handy sions on current events and hot Co-Chair topics. The EELC Planning Sub- District Court Benc h/ Bar Committee met the first Wednesday of every month by This past year was an active one telephone to: identify topics for the District Court Bench and speakers for Committee Bar Committee, and we thank meetings; discuss updates on the Committee Members for current events and hot topics; their efforts. plan for Continuing Legal The Committee began the Education (CLE) presentations; year by meeting with Chief and discuss potential legislative Judge Jeanne E. Lafazia to iden - advocacy issues. This year, EELC tify opportunities for the presenters included: Susan E. Committee to assist the Court. Bret H. Jedele Farady, Director of RWU Marine
t As a result, the Committee Co-Chair r Affairs Institute, who presented o
p James A. Hall undertook both formal and
e Ocean Law & Policy in the 21st
R Co-Chair informal education efforts
l Century: The Challenges of Managing Marine Public Trust a
u using monthly meetings to Resources ; Paul J. Roberti, Commissioner, Rhode Island n
n address myriad topics including Public Utilities Commission, who discussed Deepwater Wind, A
1 Joseph M. Hall continued perceived procedural renewable energy regulation and regulation in general by the 1 0 Co-Chair abnormalities related to fore - 2 PUC ; Curt Spalding, Administrator, Region 1, US Environ- - 0
1 closures and the burgeoning use mental Protection Agency (EPA) and former Executive 0 2 of electronic and digital evi - Director of Save the Bay, who shared his perspective on envi - n o
i dence of service of process. In its workshops and meetings, the ronmental protection and on EPA ’s work in New England; t a
i Committee also continued to address growing concerns
c Catherine Robinson Hall, Esq., Faculty, Williams College- o
s regarding the increase of pro se litigation. Importantly, the s Mystic Seaport Maritime Studies Program, who presented
A Committee held a special meeting to address congestion in the
r Living with the Spill: A Legal and Environmental Analysis a Sixth Division and alleviating that congestion through greater B of the Aftermath of the BP Deepwater Oil Spill ; Mike
d utilization of the Noel Judicial Complex.
n O’Connell, the Director of the RI Resource Recovery a l
s The Committee concluded this year’s efforts by reviewing Corporation discussed the challenges facing that agency in the I
e certain District Court Civil Rules to identify areas where effi - management of Rhode Island’s solid and hazardous waste; and d
o ciency may be gained by more closely mirroring the Rules of
h ended with a meeting featuring representatives from environ -
R the Superior Court. mental advocacy groups Save the Bay, the Conservation Law 12 Bar Association Committee Reports
Foundation and the Sierra Club who discussed their missions puter-savvy lawyers, to access helpful information without the and proposed legislation of interest in this session. need for face to face meetings. The EELC presented the seminars Commercial Real At a meeting with the Bar’s Executive Director Helen Estate Transactions: The New Economic Climate and Update McDonald attending, the Committee considered ways to on Environmental and Land Use Law at the Bar’s 2 011 approach new lawyers at the Bar’s Annual Meeting. It was Annual Meeting. noted that many of the new lawyers will be present at the reg - The coming year represents a change in leadership, as istration area for practical skills course. Committee members Jennifer R. Cervenka, Esq., partner, Partridge, Snow & Hahn, are planning to also be on hand to introduce new lawyers to LLP , and Christopher A. D’Ovidio, Esq., partner, Merolla & the Committee and to encourage new lawyer participation. Accetturo, Adjunct Professor, Land Use Law, Roger Williams The Committee requested the Co-Chairs contact the University, are becoming the new, EELC co-chairs for 2 011- Roger Williams University School of Law Career Services 2012. We invite all interested Bar members to support Jennifer Assistant Dean to begin communications between the and Chris by joining the EELC and taking an active part in the Committee and the law school, aimed specifically at involving coming year’s events. 3rd year students who plan to remain in Rhode Island. For the 2 011-2 012 meetings, the Committee will be working with judges on seminars for the 2 012 annual meeting and a seminar regarding lawyers considering retirement or the sale Ethics and Professionalism of a practice.
The Committee met monthly from September through May. The first guests were Superior Family Court Bench/Bar Court Chief Judge Gibney and Family Court Chief Judge The Family Court Bench/Bar LaFazia. Members asked the Committee continues to meet Chief Judges to indicate areas of on the second Tuesday of each courtroom experience where month at the Garrahy Complex. the Committee might be helpful Laurie Medwin-Fine continues in improving the relationship to serve as the Treasurer, and I between the judges and practi - greatly appreciate her contin - Stephen G. Linder tioners. Both Chief Judges were ued assistance and support. Co-Chair quite forthcoming in discussing We had a number of areas where improvements informative and enlightening could be made. These included Committee meetings as well as lawyers actually calling the Jane F. Howlett Continuing Legal Education court to question whether a Chair credits offered to members. In t
court-excused lawyer was real - November, the Committee was r o p
ly excused, including question - addressed by Chief Judge e R
ing medical treatment, repeated Bedrosian who outlined issues under consideration for the l a
ex parte communications, and domestic calendar, the financial statement (DR6A&B) , as well u n
the failure of attorneys to rec - as issues involving pro se litigants. This was a highly informa - n A
ognize how understaffed the tive and well-attended meeting, and I thank Chief Judge 1 1 0
courts actually are. Committee Bedrosian for her time and continued enthusiastic support of 2 - 0
members were recommended to the Committee. In February, Judge D ’Ambra spoke to the 1 0 Kathleen G. DiMuro work on seminars with judges Committee about protocol and procedure in her courtroom 2 n
Co-Chair o
on various areas of courtroom on the post-Final Judgment calendar. Also in February, during i t a demeanor. The first seminar the tax season, Attorney Justin Holden presented the annual i c o s
entitled Disorder in the Court: Why are you acting like that? CLE “Basic Tax Considerations in Separation and Divorce ” s A
co-sponsored with the Lawyers Helping Lawyers Committee which was well attended. Attorney Frank DiBiase of the r a
was presented at the Bar’s Annual Meeting. Office of Child Support Enforcement presented a CLE offer - B d
In February, Supreme Court Chief Justice Suttell visited ing an update on legislative and appellate issues regarding child n a l the Committee and discussed the ongoing review of existing support matters, as well as a practical application of the child s I new lawyers programs and possible Committee assistance to support guidelines, including the child care tax credit. I thank e d o
the Court. The use of email for mentoring was discussed as a Judge D’Ambra, and Attorneys Holden and DiBiase for their h convenient way for lawyers, especially younger, more com - time and efforts. Their support of the Committee is appreciated. R 13 Bar Association Committee Reports
A number of Committee members attended the Bar of an exciting project to gather jury instructions and to make Association’s Annual Committee Networking Event. This was them available electronically to attorneys and judges. The a great way for new attorneys, as well as others looking for a criminal instructions are now available. Work proceeds on the networking opportunity, to visit and speak with members of civil instructions. This project, unique in the nation, will ulti - the various Bar committees. Several individuals attending that mately be of enormous utility to practitioners, as well as ben - event have become members of the Family Court Bench/Bar eficial to litigants. Committee, and I look forward to working with them in the As a result of these ongoing projects, the Committee, future. with the enthusiastic support of the Court, has helped foster a I made a presentation at the annual Family Court Judicial Court atmosphere that is responsive to the needs of attorneys Conference in September at the Christian Brothers in and litigants. Narragansett. All Committee members were invited and many In connection with its ongoing outreach function, the attended. A roundtable discussion between members of the Committee has continued the University Symposium Series, Committee and the Family Court Judges and Magistrates started in 2008. This series is sponsored by the Committee, proved informative and instructive. Dinner followed the con - working with the federal judiciary and with the local colleges ference and was a truly enjoyable event. and universities. During 2010, the Committee sponsored a It is a pleasure to serve as the Chair for a seventh year. symposium, jointly with Brown University, focused on the Thank you to Chief Judge Bedrosian and all of the Family First Amendment. Court Judges and Magistrates as well as Committee mem- The Committee sponsored a presentation at the Bar’s 2 011 bers who continue to make my appointment as Chair a great Annual Meeting, and the Committee is working with the experience. Federal Court on planning the 2 011 District Conference, which scheduled for the Fall of 2 011 and featuring a U.S. Supreme Court Justice, among other highlights. The Committee participated in the Bar Association’s Federal Court Bench/Bar committee networking event to invite and encourage new attorney membership, and we remain dedicated to increasing Committee membership, welcoming any and all Bar members to join and participate in our meetings.
Throughout this year, the Fee Arbitration Federal Court Bench/Bar Committee worked closely During fiscal year 2 010-11, with the Court, and particularly twenty petitions for fee arbitra - with Chief Judge Mary Lisi and tion were filed with the Rhode Patricia K. Rocha Clerk of Court David Island Bar Association. Three t
r Co-Chair DiMarzio, on various projects matters were settled prior to a o
p formal arbitration hearing. Six
e to continue to improve the effi -
R matters were dismissed because
l ciency and responsiveness of a
u the Court to the needs of liti - the respondent was unwilling to n
n gants and attorneys. The proceed with the arbitration. A
1 Committee also worked on Ten matters were arbitrated 1 0
2 projects focused on reaching with the assistance of the - 0
1 out to lawyers and the commu - Henry V. Boezi, III Committee. Five matters are 0 2 nity regarding federal practice, Co-Chair still pending. The amount of n o
i the role of the federal courts, fees in dispute ranged from t a
i Madis Suvari amounts of $ 1,800 to $33,000.
c and legal issues of interest to the o
s Co-Chair Several disputes were between s community.
A lawyers who had been involved
r In its work on improve -
a Patricia A. Sullivan
B ment of practice, procedures in the same case.
d Co-Chair We continue to arbitrate controversies that could have
n and rules to the benefit of the a l
s Bench and Bar, the Committee been avoided by a clear fee agreement or timely billing prac - I
e coordinated closely with the Local Rules Committee, tasked tices and better lawyer/client communications. The proceed - d
o ings are primarily informal and serve as an alternative to liti -
h with monitoring and recommending modifications to the
R Local Rules. The Committee has also completed the first phase gation. Committee members serve voluntarily, without com - 14 Bar Association Committee Reports
pensation, and are commended for their service to the Bar. further information and the exhaustion of other remedies. This program fosters an understanding and confidence in the I will continue to keep you informed as the Fund contin - legal profession, and we need and appreciate the continued ues to serve the public. Thank you for your support. support of our volunteers and the membership.
Government Lawyers Fund for Client Reimbursement The Government Lawyers The Rhode Island Bar Asso- Committee endeavors to pro - ciation’s Client Reimbursement vide its membership with Fund (CRF) was established as opportunities to meet with legal a public service to promote counsel from diverse agencies confidence in the administra - in federal, state and local gov - tion of justice and the integrity ernment. During 2 01 0-2 011, the of the legal profession. Our ex- Committee continued its tradi - perience has clearly established tion of meeting at various gov - the overwhelming majority of ernment agencies, where mem - Rhode Island lawyers are hon - bers were educated as to the processes and procedures of the est, caring and deserving of Katherine D’Arezzo host agencies and the duties and Michael A. St. Pierre their clients’ trust. The Fund’s Co-Chair responsibilities of their respec - Chair focus is reimbursing the losses tive legal staff. The Committee of clients victimized by the few met five times during the year. Rhode Island lawyers who vio - The Committee began the late the profession’s ethical standards and misappropriate year in September at the funds entrusted to them. Losses reimbursed by the Fund Department of Labor and include the theft of estate and trust assets, settlements in real Training (DLT) with a presenta - estate and personal injury cases, money embezzled in invest - tion by DLT Legal Counsel, ment transactions within an attorney-client relationship and Valentino D. Lombardi, Esq. the practice of law, and unearned fees paid in advance to and Mary Ellen McQueeney- lawyers who falsely promise legal services. Lally, Esq. In October, the The Fund Committee meets regularly to review and act Paul W. Goodale Committee met at the Rhode upon claims and propose rules and procedures. The Com- Co-Chair Island Commission for Human mittee administers the Fund which is financed by an annual Rights, where members heard assessment of $25 per Rhode Island Bar Association member from Executive Director Michael together with interest on the invested funds and any money Evora, Esq. and Legal Counsel Cynthia Hiatt, Esq. and t collected by subrogation from the defalcating lawyers. The Francis Gaschen, Esq. In February, the Committee convened r o
CRF is a “fund of grace ,” and all claimants are required to at the Social Security Administration (SSA) Office of p e exhaust alternate sources of recovery before the Committee Disability Adjudication and Review, where Chief Admin- R l a will consider claims. We pursue subrogation rights after claims istrative Law Judge Barry Best provided an overview of the u n are paid. In several cases, attorneys convicted of client fund disability adjudication and review process and discussed issues n A
thefts are also subject to court restitution orders. confronting the SSA . 1 1 0
Since the inception of the Fund in 1981 , Rhode Island In March, the Committee sponsored a Rhode Island Bar 2 - 0 lawyers have reimbursed more than $ 1.5 million to the victims Association CLE seminar, Legal Practice & Procedure before 1 0 of the few dishonest lawyers in this state. No public funds the RI Ethics Commission , which was open to all members of 2 n o have been involved. These gifts are financed solely by pay - the Bar. Ethics Commission Staff Attorneys Katherine i t a ments from lawyers. D’Arezzo and Jason Gramitt presented a primer for legal prac - i c o s
The Fund provides some measure of reimbursement to tice before the Commission in both advisory opinion and s client-victims who have lost money or property due to theft or complaint matters. In May and June, the Committee was once A r a
dishonest conduct. Unfortunately, there have been a number again invited to take part in a continuing in-house CLE series B of severe losses recently. In fiscal year 2 010-11, twelve new d offered by the Office of the Providence City Solicitor. The n a l claims were received involving five former lawyers. Six claims Committee concluded the year in May with an informative s I have been paid over the fiscal year totaling $64,335, and one presentation by Gayle Mambro-Martin, Esq., Internal Legal e d claim was denied as not reimbursable under our rules. Counsel/Policy Analyst for the Employee’s Retirement o h
Twelve claims are still awaiting action pending receipt of System of Rhode Island (ERSRI) . R 15 Bar Association Committee Reports
New this year, the Committee participated in a volunteer Personal Lines Insurance community service project for the Greater Providence Habitat As a Bar member, you are invited to apply for insurance cov - for Humanity. Committee members were joined by Rhode erage as part of the Bar Association’s Personal Lines Insurance Island Ethics Commission staff in providing a day of labor in Program. This valuable program gives you access to a full line the construction of a single family residence on Swan Street in of superior, competitively-priced products from Amica Providence. Construction began in 2 010 and the family was Mutual Insurance Company including automobile, home - scheduled to move into their new home in May 2 011. The owners, life, marine and personal liability coverage. Visit Committee’s work on this project proved to be a rewarding Amica’s website at www.amica.com/ads/riba.htm. experience for all involved. The Committee extends its appreciation to Michael J. Disability and Long Term Care Sheldon for his service as Committee Secretary and encour - Massachusetts Mutual Life Insurance Company (Mass ages both new and seasoned members of the Bar to join the Mutual) is a Bar-sponsored provider of Disability Income Committee in the upcoming year. Insurance and Long Term Care Insurance for Bar members. Members receive discounts on these products from Mass Mutual, the discounts on Long Term Care Insurance also extend to members’ parents, grandparents, children and in-laws. For Insurance Programs general product information on Disability Income Insurance, go to: http://producers.halfapaycheck.com/?13315; for Long The Committee on Rhode Island Term Care Insurance, go to: www.massmutual.com/ribar. Bar Association Insurance pro - grams met regularly over 2010- Term Life Insurance 2011 year to review and recom - Robert J. Gallagher & Associates’ representatives are happy mend programs of professional to review Bar members’ insurance needs. Their Affinity plan liability, health, life, accident is underwritten by ReliaStar. For more information, contact and other insurance for mem - Robert J. Gallagher, Jr., at 4 01 .431.083 7, e-mail him at rjgiggs @aol.com , bers of the Association. Current or visit their website at http://www.gallagherassoc.com. programs include: Health & Dental Professional Liability Insurance Health and Dental Insurance is offered to Bar members who Stephen J. Angell Aon Attorneys’ Advantage have an office located in Rhode Island. The plans are adminis - Chair program offers professional lia - tered through USI New England . Interested members may bility insurance coverage spon - contact Rhode Island Bar Association New Business/Renewal sored by the Bar Association. Assistance & Plan Options, by telephone, at 4 01-372 -1173. Through a combination of Affinity Insurance Services, Inc. offices and a network of Independent Territorial Admin- The Committee continues to educate new Bar members istrators, Aon Attorneys’ Advantage program provides broad about the insurable risks confronted by them in the practice of t
r coverage, competitive rates outstanding local service and
o law. Program participants are provided with information con -
p risk management service. To learn more about the benefits e cerning particular insurance programs endorsed by the Bar R and features of the program visit the Aon website at l Association. a
u www.attorneys-advantage.com/law.
n I thank the Committee members for their many hours of n
A work on your behalf, and I extend a special thanks to Helen
1 Business Owners Property & Casualty
1 McDonald and the Bar Association staff for the tireless assis - 0
2 Aon Attorneys’ Advantage, now also provides expanded cov -
- tance they provide to the Committee and to the membership. 0
1 erage through the Aon Property and Casualty program. The 0
2 Bar-sponsored program offers property, liability, workers’ n o
i compensation and other miscellaneous coverage to Bar mem - t a i bers. Aon’s access to major property casualty companies that c o s
s specialize in this market enables them to place your coverage
A with an insurance carrier that can provide your business with r a
B the best and most comprehensive coverage at the most com -
d petitive prices. n a l s I e d o h R
16 Bar Association Committee Reports
Labor and Employment Law Lawyers Helping Lawyers
Guests of the Labor and Em- The Lawyers Helping Lawyers ployment Law Committee this Committee met bi-monthly year provided members with a over 2 010-11. The Committee wide range of perspectives on serves as a resource for Bar topics of Committee concern. Association members, provid - Nancy DiPietro, of the U.S. ing support and encouragement Department of Labor’s Employ- when needed. The Lawyers ment Standards Adminis- Helping Lawyers Committee tration, began the year by pro - volunteers give their time gen - viding the Committee with an erously to help their colleagues. explanation of changes to the Their primary role is not to Thomas R. Landry Family Medical Leave Act and Nicholas Trott Long serve as counselor, doctor or Chair various Child Labor provisions Chair therapist, but, rather, to lend an of the Fair Labor Standards ear, provide support, encour - Act. In December, the Com- agement and referral to appro - mittee met at McFadden’s for what will hopefully be the first priate professional resources. of many holiday parties. In March, the Chief Wage and Hour Supreme Court rule 8.3 (d) ensures that communications Examiner for the Rhode Island Department of Labor and between a lawyer or a lawyer’s family and a member of the Training Helen Gage gave the Committee an overview of Lawyers Helping Lawyers Committee is confidential. The Rhode Island wage and hour law and discussed recent issues of identity of an individual seeking advice is known only to the interest. Later that month, Regional Director Rosemary Pye, specific Committee member and is not otherwise shared with - and other representatives of Region One of the National out the caller’s permission. During the past year, Committee Labor Relations Board, updated the Committee on recent members consulted with Bar members on a range of physical Board appointments and decisions. In April, the Committee and mental health issues. The Bar Association also contracts came together to discuss and recommend action on the unau - with Rhode Island Employee Assistance Services (RIEAS) , thorized practice of law issue presented in Town of Little which provides professional clinical services including assess - Compton v. Little Compton Firefighters, Local 395 7, R.I. ment and referral at no cost to Bar Association members and Supreme Court No. 2 011- 10 1-M.P. Following the discussion, their families. The Committee commends and thanks RIEAS Committee members were treated to a discussion led by Jerry Executive Director Judith G. Hoffman, LICS W, CEA P, for her Cobleigh and John Breguet concerning changes to public sec - valuable contributions. Several Bar members were assisted by tor bargaining laws in Wisconsin and Ohio. The year conclud - RIEAS in the past calendar year for issues including depres - ed with the annual presentation by representatives of the sion, eldercare, alcohol, anxiety, divorce and addiction. Rhode Island Commission for Human Rights. The Committee focused particular attention in 2 01 0-2 011 As always, the Committee seeks to encourage additional on education. The Committee sponsored a program for the t r
members of the Bar to participate in, and benefit from, the Annual Meeting: Legal and Ethical Issues Surrounding the o p
Committee during the coming year. Toward that end, if any Treatment or Failure to Treat Depression: A Conversation e R current or new members have topics or issues for the with Dr. Peter Kramer, M.D. Dr. Kramer is a Brown l a u
Committee to discuss or speakers they would like to address University Medical School professor, a practicing psychiatrist n n
the Committee, please contact the Chair. and best-selling author of six books including Listening to A 1
Prozac and Against Depression . The program included a ques - 1 0 2
tion and answer session regarding depression-related issues - 0 1
including how to promote timely diagnosis and treatment of 0 2
the disease. n o i
At a regular meeting of the Committee, to which mem - t a i
bers of the Ethics and Professionalism Committee were invit - c o s ed, Glenn Miller, from RIEAS , gave a presentation regarding s A
suicide awareness and non-clinical suicide prevention. He r a
noted that suicide is the end result of a long process and in the B d
eyes of the sufferer; it is considered a solution to the problem. n a l s
He noted that anyone can help prevent suicide. He provided a I e
list of clues and warning signs having to do with behavior and d o
typical situations and suggested ways to provide non threaten - h ing assistance. R 17 Bar Association Committee Reports
The Committee also sponsored the Bar Association’s Family Court, as well as current trends in cyber bullying via Annual Meeting Wellness Center, offered for the first time in the internet and text messaging. Rhode Island Department of partnership with Blue Cross and Blue Shield of Rhode Island. Attorney General Assistant Attorney General Thomas The Wellness Center featured a range of free, interesting, Palombo examined various causes of action and remedies healthful and educational activities including: blood pressure available under Rhode Island’s hate crimes laws and through measurement, cholesterol and glucose screenings; stop-by the Office of Civil Rights Advocate. Karen Loewy, Senior consultations on nutrition with a health care professional; sun Staff Attorney at Gay & Lesbian Advocates & Defenders, safety screenings using DermaView technology to analyze provided an analysis of the existing legal protections in the facial skin damage; stress management information; body school context for ensuring student safety, focusing on composition testing for fitness indicators and personal health LGBTQ student bullying. And, a member of Youth Pride, assessments utilizing a confidential questionnaire. Oh yes, Inc. provided an overview of the services available to LGBTQ there was also a chair massage station offering free shoulder students who experience bullying in the schools. and upper back massages. Health professionals at the Wellness In addition to the workshop, the Committee submitted a Center sought to quell the fast-spreading rumor that if one written request to the Bar Association regarding two equal partook of the massage station, all the other services could be marriage bills, House No. 5 012 and Senate No. 002 9, which safely ignored. were introduced in the Rhode Island General Assembly. The Committee sponsored articles and programming in These bills would allow all same sex-couples in Rhode Island the area of balance, wellness, dealing with stress and addiction. equal access to a civil marriage. The Committee requested that Committee members also participated in the Roger Williams the Bar Association advocate for the passage of these bills. At University School of Law orientation and the New Lawyers its March meeting, the House of Delegates voted to support Introduction to Practice Program. the passage of the equal marriage legislation. Committee member Roger C. Ross contributed a book We thank the members of the Committee and the Bar review of Just Like Someone Without Mental Illness Only Association for a successful year and look forward to contin - More So: A Memoir by Mark Vonnegut, M.D. for the uing the work of the Committee in 2 011 -2 012. May/June 2011 issue of the Rhode Island Bar Journal . The Committee looks forward to providing additional outreach and educational programming in the coming year. New Lawyers Committee The best way to assist lawyers is to get the message out that help is available and confidential. This year, after three years operating as the New Attorney Advancement Task Force, the Lesbian Gay Bisexual & Transgender group was accorded full Bar committee status and a new The Committee on Lesbian, Gay, Bisexual & Transgender name, the New Lawyers (LGBT) Legal Issues continued its work promoting profes - Committee. The main goal of
t the Committee has been and
r sional and educational opportunities for LGBT members o
p of the Rhode Island Bar continues to be to find ways to e
R Association, and promoting, reach out to new Bar members l
a Michael Grabo to help them access all that the
u for all members of the Rhode n Co-Chair n Island Bar Association, greater Rebecca E. Dupras RI Bar Association has to offer. A Chair In partnership with the
1 awareness of and educational 1 0 programs relative to the legal Bar’s Executive Committee, 2 -
0 Susan T. Perkins issues affecting the LGBT com - and with the cooperation of 1
0 Co-Chair 2 munity. The Committee held over 20 other Bar committees and the Bar’s Public Services n
o regular meetings during 2 010 Department, the New Lawyers Committee held a fun and i t a
i and 2 011 at various locations in Providence. informative evening of interactive networking with friendly c o
s The Committee prepared a workshop on student bullying and helpful representatives from the participating Bar com - s
A presented at the Bar Association’s 2 011 Annual Meeting. The mittees and groups. During the event, new Bar members (with r
a workshop, titled Student Bullying: The Legal Implications for ten years or less of membership) learned more about B
d Students and School Departments , provided lawyers for stu - Committee and public services offerings meeting with com - n a
l dents and school departments with an analysis of legal issues mittee chairs and representatives in an informal setting. s I surrounding student bullying. The panelists included Rhode The Committee offered a free, CLE seminar for new Bar e d
o Island Family Court Chief Judge Haiganush Bedrosian who members titled View From the Bench: The Superior Court h
R discussed how cases of student bullying are handled by the Motion Calendar , which gave attendees an opportunity to
18 Bar Association Committee Reports
gain a practical understanding of the Civil Motion Calendar ($859,350 with inflation adjustment) to the equivalent in an and gain knowledge directly from Associate Justice Sarah estate tax credit of $25,200, which would have the effect of giv - Taft-Carter and seasoned trial attorney, Douglas J. Emanuel, ing all estates (not just those $925,000 or less) the benefit of the who has organized similar CLE s for new Bar members in the credit; 5) provide for the automatic “optimum marital deduc - past. tion” for documents drafted prior to 1981; and 6) provide for a The Committee hosted a workshop, The 60-Second statutory basis for the technique of “decanting” irrevocable Elevator Speech , on how to develop a profession-based, short trusts. description of attorney strengths to use in both marketing and The Committee also reviewed proposed legislation sub - networking situations. At the final meeting of the year, the mitted during the current session that would, inter alia : 1) Committee hosted guest speaker, Cranston Mayor and Bar make certain revisions to the laws regarding Probate Court member Alan W. Fung, at a presentation designed to help new proceedings, including, specifically, claims procedure, rights of Bar members understand their professional career options. a surviving spouse and inheritance; 2) provide for a remedy Committee members also volunteered their help on the where corporate sureties fail to honor surety bonds. development of the Introduction to Practice and Practical It is uncertain whether any of the remaining proposed Skills seminars and forwarded a concept for a Bar web-based, legislation referenced above will be enacted in the current ses - Online Attorney Information Resource Center which was sion, since the Legislature remains in session at the time of this approved by the Bar’s Executive Committee and slated for report. development over the summer. The Chair was given invaluable assistance by a number of Although the Committee’s programming is primarily Committee members, including probate judges, who made aimed at those who have been practicing for ten years or less, themselves available to review proposed legislation. all are welcome, and both new and more seasoned Bar mem - bers are invited to join the Committee and participate in activ - ity planning for the coming year. Public Services Involvement
What’s in a name? Well, the Bar Probate and Trust Association’s Executive Com- mittee thought the Legal The Committee on Probate and Services Committee needed a Trust considers proposed new one to better reflect its changes in the legal system mission and reduce the confu - relating to the probate and trust sion created with the similarity areas. The Committee was to Rhode Island Legal Services. active during the current year, So, we are now the Public meeting generally once each Services Involvement (PSI) month exclusive of the summer Committee. The Committee’s
months. The Committee con - work this past year reflects its t
Christine J. Engustian, r
Esq. o sists of over one hundred mem - support of the Bar’s public serv - p e
bers, many of whom were regu - Chair ice programs and to further the R l lar attendees and active partici - goal of increasing the public’s a David T. Riedel u n
Chair pants at Committee meetings. access to legal representation and justice. n Several probate judges were Last Fall, we started with a CLE seminar on special edu - A 1 1
members of the Committee, cation law organized by Committee members and expanding 0 2 - and they provided a useful perspective on Committee discus - on a 2 010 Annual Meeting seminar. The PSI Committee also 0 1 0 sions. addressed the Rhode Island Family Court’s requirement that 2 n
The Committee was involved in the preparation of pro - Volunteer Lawyer Committee (VLP) clients submit a motion o i t a posed legislation during the current session that would: to proceed in forma pauperis and an accompanying financial i c o
1) protect existing property tax exemptions upon certain affidavit, despite having been qualified under the same eco - s s transfers of property, including transfers to trusts; 2) increase nomic guidelines employed by the Rhode Island Legal A r the homestead exemption from $300,000 to $500,000 and Services (RILS) , and despite the fact that a memorandum from a B extend the exemption to trust beneficiaries or other individu - a former chief judge had exempted RILS clients from court d n a als occupying property; 3) exempt from attachment the pro - fees. Committee members wrote, and the Bar’s Executive l s ceeds and cash value of life insurance policies and annuity I Committee approved, a letter to newly-appointed Chief e d contracts; 4) change the manner in which the Rhode Island Judge, Haiganush Bedrosian seeking her assistance in elimi - o h estate tax is calculated from an exemption of $850,000 nating these requirements for Bar VLP and Elderly pro bono R
19 Bar Association Committee Reports
clients. We anticipate a future meeting with the Bar President, Superior Court Bench/Bar the PSI Committee Chair and the Chief Judge to discuss this issue and other pro bono incentives. The Committee also In the last year, the Superior modified the rules governing the Lawyer Referral Services Court Bench Bar Committee (LRS) attorneys to include grounds for the Bar Association to worked on a variety of projects review an attorney’s continued eligibility for membership in in collaboration with the the LRS panel. Superior Court in furtherance The PSI Committee participated in the fun and lively of the Committee’s mission to New Lawyer Bar Committee Networking Event. New improve practices and proce - lawyers’ enthusiasm for the PSI Committee’s work was evi - dures in the administration of dent, and we obtained at least one new and active Committee justice in that Court. The member. The Committee extends its gratitude to Bar Public Committee is particularly Services Director Susan Fontaine and longstanding and devot - proud of its efforts to support ed Committee member David Reilly for representing the Melissa E. Darigan Presiding Justice Gibney, and Committee. Co-Chair several members of the Superior Each year, a PSI Committee subcommittee selects annual Court, in a project designed to pro bono award recipients. from the VLP and one from the establish a process for meaning - Elderly Pro Bono Program. The continuing service award is ful pre-trial conferences at the now selected and awarded every other year. Motion to Assign stage of a With the dual hope of benefiting the present members of proceeding for the purpose of the Bar’s pro bono programs and increasing membership to assisting the Court and litigants those programs, the Committee is planning topics for a series in managing the civil trial calen - of basic seminars in areas of the law where the need for pro dar, reducing the backlog of bono legal representation is the greatest, namely family, bank - civil cases on the trial calendar, ruptcy, debt collection/consumer and probate (wills, powers and, ultimately, eliminating the of attorney and guardianships). These topics will include client need for control calendar calls. interviewing, necessary documentation to institute legal This project culminated earlier action, court procedure, closing of the client matter, and other Karen A. Pelczarski this year in the issuance by matters. These proposed seminars are subject to coordination Co-Chair Judge Gibney of with the Bar’s CLE Committee and will occur no earlier than Administrative Order 2 011- 7 – the Spring of 2 012. Assignment of Cases to the A very special measure of gratitude is extended to our Trial Calendar in Providence County which took effect on friend and liaison, Susan Fontaine, the Bar’s Public Service May 1, 2 011. Director, who provides her assistance, knowledge, advice and Development of this Order was guided by concerns guidance to the PSI Committee, month after month and year expressed from bench and bar alike that cases are assigned to after year. Susan is admired for the way she offers her helping the trial calendar in Providence County well before they are t r
o hand and always with a smile. We thank you, Susan. ready for trial, merely to get in the trial pipeline, with the p
e Since each one of us, as attorneys subject to the Rules of result that large numbers of cases are assigned to the trial cal - R
l Professional Conduct, should be providing 50 hours, albeit endar, but repeatedly continued at the control calendar for a u
n non-mandatory, per year in pro bono service, the PSI completion of discovery and related pretrial matters. There n
A Committee strongly encourages each attorney to work on also was general consensus that the pre-trial procedures set 1
1 behalf of the poor and needy by accepting cases through our forth in the Rhode Island Rules of Civil Procedure, such as 0 2
- Bar’s public service programs. As Sir Winston Churchill said, Rule 16, are under-utilized as tools to assist the Court and the 0 1
0 “we make a living by what we get, but we make a life by what advocates in narrowing issues, managing discovery and sched - 2
n we give .” uling matters, and resolving cases short of trial. The objectives o i
t of the Order are to: 1) develop practices that will result in cases a i
c being ready for trial when noticed thus improving the manner o s s in which civil cases are scheduled and called for jury and non- A
r jury trials in Providence County; and 2) afford meaningful a
B case management and settlement opportunities at an appropri - d
n ate stage in the life cycle of a case. a l s
I The Committee is currently in the process of drafting e
d proposed revisions to the Rules of Civil Procedure to address o
h the discovery of electronically-stored information (ESI) . R Prompted by the issuance of proposed Uniform Rules on ESI 20 Bar Association Committee Reports
discovery, the Committee reached general consensus that reg - Technology in the Practice ulation of discovery relative to ESI is warranted and that revi - sions to the Rules should be pursued. The Committee intends The Committee on Technology to complete a draft of the proposed Rules amendments by the in the Practice met regularly end of the summer and present the proposal to a sub-commit - this year and addressed a num - tee of Superior Court justices established by Judge Gibney. ber of technology issues of Ultimately, the Committee expects to present a series of Rules importance to lawyers. revisions for consideration by the Superior Court and adop - Previously the Committee tion by the Supreme Court. had reviewed systems for the electronic backup and storage of lawyers’ critical computer data which is vulnerable to loss Supreme Court Bench/Bar or damage from fire or other Peter V. Lacouture casualty or computer hardware The Supreme Court Bench/Bar Committee continued to work Chair problems. After issuing a with and assist the Supreme Court, and, in particular, Chief request for proposals (RFP) to Justice Suttell and Clerk of eight vendors, the Committee Court, Debra A. Saunders. The reviewed the responses and recommended two vendors to the Committee discussed issues of Bar’s Executive Committee for approval as Member Benefits. importance to Supreme Court One vendor, MozyPro, has rolled out its online data backup practitioners and to the Court, program for Rhode Island Bar Association members. More including potential revisions to information is available through the Bar’s website Mem- certain Supreme Court rules, bership Benefits section under a link headlined MozyPro practical and cost-effective ways Online Data Backup. for practitioners, as well as The Committee heard presentations on the use of tech - members of the Court and its nology in the courts and an update on developments from the staff, to be advised of and share Division of Business Services (formerly the Corporations information of interest, elec - John A. Tarantino Division) of the Office of Secretary of State A. Ralph Mollis. Chair tronic notification of confer - For the past two years, the Committee has arranged for ences, orders and opinions, well-known lawyer, speaker and legal-technologist Ross Rule 12(a) statements, appellate Kodner to present technology seminars at the Rhode Island screening of cases and mediation. The Supreme Court has the Bar Association Annual Meeting. The seminars were well ability to notify the entire Rhode Island Bar by e-mail, as it has received, and Mr. Kodner presented at the 2 011 Annual implemented new technologies and services to provide the var - Meeting. His subjects this year included the use of technology ious courts and Bar with updated information, as well as to in the practice and implications related to social networking. announce upcoming news and events, including news and The Committee invites interested Bar members to join t updates from the Supreme Court Clerk’s Office with respect r
and looks forward to a productive 2 011 -2 012. o p
to court closures resulting from inclement weather or states of e R
emergency. l a
The Committee discussed potential CLE programs that u n might involve the Justices of the Court either at future sepa - Title Standards and Practices n A
rate CLE programs or as part of an upcoming Annual Bar 1 1 0
Meeting. The Title Standards and 2 - 0
The Committee also participated in the successful Bar Practices Committee met eight 1 0 Committee Networking Event, introducing and explaining times. Attendance continued 2 n o the Committee’s various professional opportunities and strong with an average of more i t a than 20 members attending each i
answering any questions that Bar members might have about c o s the Committee and its functions. The Committee always wel - meeting. The members benefit - s ed from lively and informative A comes any members of the Bar who are interested in the r a
Committee’s work to express that interest and request discussions regarding new B
developments in the law and d appointment as a Committee member. n a l
transactional practice. s I
The Committee considered e d
eight proposals for legislative o
Albert K. Antonio h
Chair change originating with our R 21 Bar Association Committee Reports
committee; five were approved by the Committee for presen - the John Donnelly Center for discussions with Center staff tation to the Bar’s Executive Committee. Of those five, one, a concerning operation and programs available to the injured bill which would validate certain conveyancing defects, was worker during the recovery period and post settlement. The introduced in the Legislature. It has been held for further trip was a valuable refresher and learning experience. A follow- study in the House, and is currently pending action in the up meeting will be scheduled for the Fall to continue to deter - Senate. mine how best to utilize this important asset in the practice. The Committee approved a new standard dealing with The annual Bench/Bar golf outing was held in September nominee trusts, which was sent to the Executive Committee at Triggs Memorial Golf Course. Judge Morin was instrumen - for publication in the this issue of the Rhode Island Bar tal in setting up this event. The course was exceptional, and the Journal for Bar member review and comment. festivities afterward were so well received, that it is the intent The Committee continues to be concerned with record - of the Committee to make this an annual event. We extend a ing, abstracting and other transactional matters. The very special thank you to Judge Morin for assisting the Committee will always welcome and consider suggestions for Committee in organizing this event and to Judge Ferrieri for improving transactional practice in Rhode Island as it also helping promote this well-attended event. Building on the suc - continues to improve and modernize its Title Standards and cess of the Fall tourney, attorney Tom Ford has graciously Practices. agreed to host and assist in organizing an early summer golf - Editor’s Note: Due to the untimely passing of the Committee’s long-time and ing event at Potowomut Country Club. highly-valued Chair Albert K. Antonio earlier in the year, Committee mem - Overall, it was a very successful year for the Workers’ ber Michael B. Mellion provided this year’s report. Compensation Bench Bar Committee thanks to the active par - ticipation of the Bench and the practitioners! The Committee looks forward to a brief respite over the summer before recommencing again in the Fall! Workers’ Compensation Benc h/Bar
The Workers’ Compensation Bench/Bar Committee met at the Garrahy Judicial Courthouse on the third Wednesday of each month. Chief Judge George Healey and the Court’s asso - ciate judges were regularly present at the meetings, giving all Committee members an oppor - tunity to discuss any issue that Jack R. DeGiovanni may have arisen from month to Co-Chair month in a candid and produc - tive manner. At every meeting, Co- Paul V. Mancini Chair Jack R. DeGiovanni, Co-Chair informs the Committee mem - t
r bers of any updates in forms o
p and procedure utilized in the workers’ compensation practice. e
R In addition, he opens the floor to discuss any issue or concern l a
u that may arise in representing clients, whether the employee or n
n employer, before the Workers’ Compensation Court. A hot A
1 topic this year was the utilization of the resources of the John 1 0
2 Donnelly Center while the injured worker is receiving weekly - 0
1 compensation, as well as post settlement in assisting the work - 0 2 er in returning to the work force. In addition, the co-chairmen n o
i were active in reaching out to new lawyers to join its t a i Committee by attending Bar-sponsored events and other c o s
s activities. A The Committee’s popular, early December annual holiday r a
B gathering at Downcity Diner in Providence was well attended. d
n It is one of several Committee-sponsored social events foster - a l
s ing civility in practice before the Court and amongst practi - I
e tioners. As always, Co-Chair Paul V. Mancini organized a d o stellar event! h
R In May, judges and lawyers of the Committee travelled to 22 Proposed Title Standards Revisions Open for Bar Member Review and Comment
The Rhode Island Bar Association’s Title Standards and Accordingly, the instrument executed by the trustee of the Practices Committee, with Michael B. Mellion, Esq. serving nominee trust will be deemed to have conveyed marketable as acting Chair, voted unanimously to submit the following title to the interest described in the instrument, provided that proposed Title Standards revisions to the Rhode Island Bar (a) there is no record evidence of a challenge to the validity Association Executive Committee for its consideration. Bar of the instrument, and (b) no party has actual knowledge of members are invited to comment on these proposed changes, an off-record challenge to its validity. no later than August 1, 2011, by contacting Rhode Island Bar Association Executive Director Helen Desmond McDonald COMMENT: by email: hmcdonald @ribar.com. A nominee trust is a trust in which the trustee is given no DRAFT authority or power to deal in or with the trust estate except as authorized and directed by the beneficiaries of the trust. SECTION III CONTINUED In a conveyance by the trustee of a nominee trust, the lan - STANDARD 3.11 guage of the form of the Affidavit or Memorandum of Trust EFFECT OF INSTRUMENT EXECUTED BY TRUSTEE addressing R.I. Gen. Laws § 34-4-27(a)(3), (a)(4) and (a)(5) OF A NOMINEE TRUST must be modified. See Practice Form 11 for a suggested form of the Affidavit or Memorandum of Trust for use with Where an instrument conveying an interest in real estate a nominee trust. executed by the trustee of a nominee trust, so-called, appears An attorney involved in a current transaction involving a in the chain of title, and the instrument is executed and conveyance by the trustee of a nominee trust should insist acknowledged in proper from, it may be assumed that all that that a consent and direction of the beneficiaries of the of the beneficiaries of the nominee trust authorized and nominee trust be produced and recorded. directed the trustee to execute and deliver the instrument.
Rhode Island Bar Journal July /August 2011 25 2011 ANNUAL MEETING
This year’s hard-working Annual Meeting Committee, ably and amiably chaired by Bruce W. McIntyre, produced a diverse and enriching program. Supporting this effort, the Bar Association staff worked with the Committee to ensure a seamless presentation of workshops, product and service offerings. A wide range of seminars provided guidance in family, federal, trial, and commercial law, as well as a variety of Legendary civil rights activist ethics-related topics. Program highlights Morris Seligman Dees, Jr., included seminars on environmental Esq., the Meeting’s plenary issues, legal technology, the ever-popular speaker, delivered a thoughtful, interesting and civil and criminal case law updates, and inspiring address on more. All the offerings were enhanced by American justice to a the participation of many distinguished packed, standing-room-only, and accomplished presenters, and over group of Meeting attendees 1,500 Bar members attended. who received his message with open minds and hearts and gave him a standing ovation.
Bar President Lise M. Iwon welcomed Bar members to the Annual Meeting and noted her appreciation to the entire Bar for their support during her presidency.
Bar President Lise M. Iwon, Esq., Laurence & Iwon; Peter Kramer, M.D., Brown University Medical School; and Nicholas Trott Long, Esq., Providence presented Legal and Ethical Issues Surrounding the Treatment or Failure to Treat Depression: A Conversation with Dr. Peter Kramer.
Kevin D. Heitke, Esq. and 2011-2012 Bar President William J. Delaney, Jr., Esq., both of Delaney DeMerchant & Heitke Stacie B. Collier, Esq., Nixon Peabody; Richard M. Peirce, Esq., Roberts, Caroll, LLP, presented The Intersection of Domestic Boulevard and Feldstein & Peirce; and Zoe Argento, Esq. Roger Williams University School of Law Debtor Avenue. addressed Rights and Responsibilities of Employees and Employers: Social Media in the Workplace . 26 July /August 2011 Rhode Island Bar Journal 2011 ANNUAL MEETING
Robert M. Sabel, Esq., RI Legal Services, John W. Dineen, Esq., Providence; and (not pictured) Past Bar President Lise M. Iwon, Esq., Laurence & Iwon delivered A Landlord Tenant Case Study and Discussion.
Lawyers Helping Lawyers Committee members Judith Hoffmann, Resource International Employee Services and Deborah M. Tate, Esq., McIntyre, Tate & Lynch, LLP fielded member ques - tions at the Committee table in the free Wellness Center.
Hon. Paul A. Suttell, Chief Justice, RI Supreme Court delivered his State of the Judiciary Address and shared a Unique to this year’s Annual Meeting, developed by the Bar staff and the special message from Bar’s Lawyers Helping Lawyers Committee, in partnership with Blue retired US Supreme Cross/Blue Shield of RI, the free Wellness Center featured a range Court Justice Sandra Day of free, interesting, healthful and educational activities including: blood O’Connor concerning the pressure, cholesterol, and glucose screenings; chair massage stations; national, iCivics online sun safety screening; stress management reduction techniques body education program now composition screening and more. making its debut in RI.
Michael A. DiLauro, Esq., Jennifer R. Cervenka, Esq., Partridge Snow & Hahn, LLP; Brian Hon. Patricia A. Hurst, Associate Justice, RI Office of the Public Defender A. Goldman, Esq., RI Coastal Resources Management; Marisa A. Superior Court; Bohun B. Kinloch, Esq., Hasbro, addressed issues When the Desautel, Esq., RI Department of Environmental Management; Inc.; and Richard Suls, Computer/Technology Criminal Justice System Fails. and Christopher A. D’Ovidio, Esq. Merolla & Acceturo provided Consultant reviewed Technology in the an Update on Environmental and Land Use Law. Courtroom: Demonstrative Evidence for the 21st Century and Beyond.
Rhode Island Bar Journal July /August 2011 27 2011 ANNUAL MEETING The Rhode Island Bar Foundation
Founded in 1958, the Rhode Island Bar Foundation is the non-profit philanthropic arm of the state’s legal profession. Its mission is to foster and maintain the honor and integrity of the legal profession and to study, improve, and facilitate the administration of justice. The Foundation receives support from members of the bar, other Susan Leach DeBlasio, Foundations, and from honorary and memorial contributions. The Esq., Adler, Pollock & Sheehan, P.C. presented Foundation invites you to join in meeting the challenges ahead by con- a seminar on Represent- tributing to the Foundation’s Tribute Program. The Foundation’s Tribute ing the Rhode Island Program honors the memory, accomplishments, or special occasion of Business Entity: Ethical Considerations . an attorney, a friend, a loved one, his or her spouse, or another family member. Those wishing to honor a colleague, friend, or family member may do so by filling out the form and mailing it, with their contribution, to the Rhode Island Bar Foundation, 115 Cedar Street, Providence, RI 02903. You may also request a form by contacting the Rhode Island Bar Foundation at 401-421-6541. All gifts will be acknowledged to the family.
RHODE ISLAND BAR FOUNDATION TRIBUTE PROGRAM GIFT
To contribute to the Rhode Island Bar Foundation in memory of someone who has died or in honor of a special occasion, please complete this form and mail it with your contribution. We will send a card to the person honored or to the family member of the deceased.
PLEASE PRINT
I am enclosing a special gift in the amount of $ ______Linda Franklin from Casemaker, the free-to-mem - bers, 24/7, online law library available through the In Memory of ______Bar’s web site, provided attendees with a tour of the library’s features, benefits and new updates In Honor of ______including CasemakerElite ™. To celebrate his/her/their ______
SEND ANNOUNCEMENT OF GIFT TO:
Name ______Ross L. Kodner, Esq., Address ______MicroLaw, Inc. present - City/State/Zip ______ed two seminars, The Only Rational and Real INDICATE ON ACKNOWLEDGMENT THAT GIFT IS BEING MADE BY: Reasons to Use Technology in Your Your Name(s) ______Practice and Protecting Your Practice from Address ______Technology Disaster: The Ethical and City/State/Zip ______Responsible Approach Phone (in case of questions) ______to Inevitable Calamity.
Email: ______
Rhode Island Bar Foundation, 115 Cedar Street, Providence, R.I. 02903 telephone: (401) 421-6541 Annual Meeting Snapshots All gifts are acknowledged in the Foundation’s annual report. see page 31
28 July /August 2011 Rhode Island Bar Journal 2011 ANNUAL MEETING
Hon. Francis J. Darigan, Associate Justice RI Superior Court; Thomas M. Elizabeth W. Segovis, Esq., RI Legal Services, Jane F. Howlett, Esq., Dickinson, Esq., Law Offices of Thomas Dickinson; Lauren E. Jones, Esq., Family Court Bench/Bar Committee Chair; Justin S. Holden, Esq., Holden Jones Associates; Hon. Judith C. Savage, Associate Justice, RI Superior & O’Brien; and Gergory A. Porcaro, CPA, Orlando Porcaro and Associates Court; and Hon. Francis X. Flaherty, Associate Justice, RI Supreme Court presented Taxation Issues in Family Law Cases: What You Need to Know presented the Civil Law Case Update. Before it’s Too Late.
Robert H. Humphrey, Esq., Law Offices of Robert H. Humphrey and Amy K. Dodge, Department of the Attorney General discussed Refusal Cases: Beyond the Basics. Charle Alexandre, PhD, RN, RI Department of Health and Bruce W. McIntyre, Esq., RI Department of Health discussed Medical Marijuana: Unexpected Consequences for Employers, Landlords, Tenants, Licensed Health Facilities, and Patients.
Timothy J. Conlon, Esq., TJC, Esq.; Jean A. George, MA, Macktaz & Hon. Elaine T. Bucci, RI District Court Judge, Brian Adae, Esq., RI George LLC, Inc.; Steven J. Hirsch, Esq., Office of Steven J. Hirsch; and Disability Law Center; Hon. Alice B. Gibney, Presiding Justice, RI Superior Lori Jean Giarusso, Esq., Mediator, RI Family Court reviewed Do’s and Court; Wayne M. Kezirian, Esq., Johnson & Wales University presented Don’ts for Family Court Practitioners with Court Ordered Mediation. Disorder in the Court: Why Are You Acting Like That?
Rhode Island Bar Journal July /August 2011 29 Rhode Island Bar Association Report of Nominating Committee (Article VIII, Rhode Island Bar Association Bylaws)
Under the provisions of the Bylaws of the Rhode Island Bar Association President-Elect William J. Delaney automatically succeeds to the Presidency. Pursuant to Section 8.5, the election shall be at the Annual Meeting scheduled for June 16, 2011 at the Rhode Island Convention Center in Providence. The following members have been nominated as officers and for membership in the House of Delegates: President William J. Delaney President-Elect Michael R. McElroy Treasurer J. Robert Weisberger, Jr. Secretary Bruce W. McIntyre Immediate Past President Lise M. Iwon
DISTRICT 1 – Newport County DISTRICT 6 – Cranston, Johnston, Scituate, Foster, Joseph P. Casale Richard P. D’Addario Glocester, Smithfield N. Jameson Chace Christopher S. Gontarz Thomas B. Coffey, Jr. Michael Jolin Vincent DiMonte Tedford B. Radway DISTRICT 2 – Washington County Kathleen G. DiMuro William J. Riccitelli Jane B. Gurzenda Neena Sinha Savage Debra L. Chernick Peter L. Lewiss Barbara E. Grady Hon. Edward H. Newman DISTRICT 7 – Pawtucket, Central Falls, Lincoln, Cumberland Richard C. Panciera Madis T. Suvari Michael Devane John F. Neary Thomas D. Goldberg Stacy Pires Veroni DISTRICT 3 – Kent County Cristine L. McBurney Denise C. Aiken Gerard P. Cobleigh Bruce J. Balon Marcia M. Ippolito DISTRICT 8 – Woonsocket, Burrillville, N. Smithfield Carolyn R. Barone Kristin N. Matsko Aram Jarret, III Robert A. Mitson Laurie Horridge Bissonette Philip G. Parsons Peter J. Brockmann Michael A. St. Pierre All nominations are for a term of one year. Lise M. Iwon is auto - matically a member of the House of Delegates as immediate Past DISTRICT 4 – Bristol County, East Providence President. In accordance with the provisions of the Bylaws, the Committee further nominates the following Past Presidents to the Harold W. Demopulos Jane F. Howlett House of Delegates : Christine J. Engustian Thomas G. Shaffer Victoria M. Almeida Lauren E. Jones DISTRICT 5 – Providence, North Providence Thomas W. Lyons III Richard B. Abilheira Richard Jessup Jr. John M. Roney Olajumoke Akinrolabu Robert E. Johnson, IV John A. Tarantino Armando E. Batastini Lynette Labinger Neville J. Bedford Stephen G. Linder David N. Bazar is a member of the House of Delegates as Bar Nicole J. Benjamin Thomas M. Madden Journal Editor-in-Chief. Henry V. Boezi Genevieve M. Martin ABA Delegates: Robert D. Oster and Joseph J. Roszkowski. Cristen L. Ciresi James P. Marusak Raymond C. Coia Kathleen Maher McKendall Nominating Committee Melissa E. Darigan Stephen M. Miller Karen L. Davidson Mark B. Morse Victoria M. Almeida, Chairperson Daryl E. Dayian Richard M. Peirce Linda Buffardi Susan Leach DeBlasio Thomas Plunkett Deborah L. Chernick Rebecca E. Dupras Laura A. Pisaturo N. Jameson Chace William A. Farrell J. Richard Ratcliffe Cristen L. Ciresi Gail Higgins Fogarty David T. Riedel Maria J. R. Goncalves Janet Gilligan Sharon A. Santilli Jane F. Howlett Jason Gramitt Linda Rekas Sloan Michael Jolin Joseph M. Hall Patrick J. Smock II Ernest G. Mayo Martha A. Holt Jonathan L. Stanzler Michael A. St. Pierre Dana M. Horton William J. Trezvant Adrienne G. Southgate Katy A. Hynes Madis T. Suvari
30 July /August 2011 Rhode Island Bar Journal 2011 ANNUAL MEETING SNAPSHOTS
Keynote Speaker Morris Dees, Esq. and Past Hon. Francis J. Darigan and Dennis Bar Association President Mark S. Mandell, Esq. J. McCarten, Esq.
Chief Justice Paul A. Suttell at the Friday Annual Awards Luncheon.
Past Bar Association Presidents Mark S. Mandell, Esq. and Deborah M. Tate, Esq. Armando E. Batastini, Esq., Laura A. Pisaturo, Esq., and Ralph R. Liguori, Esq.
Bar member receiving a relaxing, free, chair massage in the Wellness Center.
Samuel D. Zurier, Esq. and Past Bar Association President Thomas W. Lyons, Esq.
Barbara L. Margolis, Esq. sharing a light moment with other Bar members.
Rhode Island Bar Journal July /August 2011 31 10 Weybosset Street, Suite 205 • Providence, RI 02903 Tel: (401) 455-3500 Fax: (401) 455-0648
www.mignanelli.com
Wills/Trusts
Estate Tax Planning
Estate Settlements
Trusts for Disabled Persons
Personal Injury Settlement Trusts Anthony R. Mignanelli Attorney at Law All Probate Matters
The R.I. Supreme Court Licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
32 July /August 2011 Rhode Island Bar Journal New Rhode Island Wome n’s Bar Association Officers and Board
The Rhode Island Women’s Bar Association announced its slate of 2011-2012 Officers and Board members as follows: President Alicia J. Samolis, Esq., Partridge Snow & Hahn LLP; Vice President Denise S. Cassisi, Esq., Lynch, Lynch & Friel; Secretary Katie A. Ahern, Esq., Hinckley, Allen & Snyder, A Primer on Bankruptcy Practice and Procedure , a Rhode Island Bar Association LLP; Treasurer Amanda J. Argentieri, Esq., CLE co-sponsored by the Bar’s Public Service Programs and the United States Rhode Island Supreme Court; Ex Officio Bankruptcy Court., was offered free of charge to all mem bers of the Bar’s Volunteer Leah J. Donaldson, Esq., Motley Rice LLC; Lawyer Program (VLP), Pro Bono Program for the Elderly and the US Armed Forces and Board Members Gina M. Renzulli Legal Services Project who accepted a pro bono bankruptcy case at registration. Lemay, Esq., Law Office of William J. Speakers (l to r) Charles A. Pisaturo, Jr., Esq., Sandra Nicholls, Esq., Susan M. Conley, Jr.; Melody A.Alger, Esq., Alger Thurston, Esq. and Christopher M. Lefebvre, Esq. discussed leading consumer Parker LLP; Sara E. Sweeney, Esq., bankruptcy issues and practice pointers for Rhode Island Bankruptcy Court cases. Providence; and Hon. Patricia A. Hurst, Over 40 cases were placed through this excellent cooperative effort. Rhode Island Superior Court.
Please contact us for strictly confidential, free, peer and professional assistance for your personal challenges.
We are here to help you. Richard Abrams, Esq. 351-5700 Brian Adae, Esq. 864-1705 Rhode Island Bar Association members and their families may receive confidential and Neville J. Bedford, Esq. 348-6723 free help, information, assessment and referral for personal challenges through the Bar’s Henry V. Boezi, III, Esq. 861-8080 contract with Resource International Employee Assistance Services (RIEAS) and through the David M. Campanella, Esq. 732-0100 members of the Bar Association’s Lawyers Helping Lawyers Committee. To discuss your Diana Degroof, Esq. 274-2652 concerns, or those you may have about a colleague, you may contact a Lawyers Helping Sonja L. Deyoe, Esq. 864-3244 Lawyers Committee member, or go directly to professionals at RIEAS who provide con- Kathleen G. DiMuro, Esq. 944-3110 fidential consultation for a wide range of personal concerns including but not limited to: Brian D. Fogarty, Esq. 821-9945 balancing work and family, depression, anxiety, domestic violence, childcare, eldercare, Jeffrey L. Koval, Esq. 885-8116 grief, career satisfaction, alcohol and substance abuse, and problem gambling. Nicholas Trott Long, Esq. 351-5070 When contacting Resource International Employee Assistance Services, please identify Genevieve M. Martin, Esq. 274-4400 yourself as a Rhode Island Bar Association member. A RIEAS Consultant will briefly discuss Dennis J. McCarten, Esq. 965-7795 your concerns to determine if your situation needs immediate attention. If not, initial appoint - Joseph R. Miller, Esq. 454-5000 ments are made within 24 to 48 hours at a location convenient to you. Please contact RIEAS Henri S. Monti, Esq. 467-2300 Suzette I. Pintard, Esq. 274-4400 by telephone: 401-732-9444 or toll-free: 1-800-445 -11 95. Roger C. Ross, Esq. 723-1122 Lawyers Helping Lawyers Committee members choose this volunteer assignment Adrienne G. Southgate, Esq. 301-7823 because they understand the issues and want to help you find answers and appropriate Deborah M. Tate, Esq. 351-7700 courses of action. Committee members listen to your concerns, share their experiences, and Judy Hoffman, LICSW, CEAP, RIEAS 732-9444 offer advice and support. or 800-445-1195
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Rhode Island Bar Journal July /August 2011 33 In Memoriam
Anthony DiPetrillo, Esq. Anthony DiPetrillo, 96, of Cranston, passed away on April 28, 2011. Born in Providence, he was the son of the late Carmine and Raffaela DiBiasio DiPetrillo. A lifelong Rhode Island resident, he attended Providence pub - lic schools and graduated from RI State College, now URI, and Boston University School of Law. He was a founding partner in the law firm of DiMascolo and DiPetrillo. He retired in 2009 after over sixty-five years of active practice and membership in the Rhode Island Bar Association. Anthony was one of the first group of boys to join the Olneyville Boys Club. He organized and chaired the Committee celebrating the 50th Anniversary of the Olneyville Boys Club and served on the Board of Workers’ Compensation Directors RI Boys Club. He was co- owner of Watmough Day Camp and Injured at Work? Holiday Acres Camp Ground; estab - lished RI High School Interscholastic Injury Fund and served as Counsel and member of Board of Directors; organ - Accepting referrals for workers’ ized first chapter of RI Special Olym- pics, served as Counsel and member of compensation matters. Board of Directors; founding member and 1st President of the Alpine Country Club; long time communicant of St. Mary’s Church in Cranston; and an attorney for the former family owned Call Stephen J. Dennis Today! Progress Ice Cream Company, Inc. 1-888-634 -1543 or 1-40 1-453 -1355 Hon. Edward V. Healey, Jr. Edward V. Healey, Jr., 88, of Cranston, Retired Senior Associate Justice of the Rhode Island Family Court passed away on May 21, 2011. Judge Healey was born in Providence, the first child of the late Edward V. Sr. and Margaret McGrath Healey. He was the husband of the late Lillian “Dolly” E. Devlin, to whom he was married for thirty- Off ice Spac e Avai lable seven years until her death in 1987. Judge Healey was raised in the Within Existing Law Office Irish-Catholic enclave of South Providence where he was educated AMENITIES CONTACT by the Sisters of Mercy at the former Bishop Tyler Elementary School. He Recepti on ist • Con feren ce Room s Jim G old man was a graduate of LaSalle Academy Copi er • Park ing 51 Jeffer son Bou levar d and Providence College. Upon his Se cre tar ial S tati on s • F ili ng C abi ne ts War wic k, Rho de Isl an d graduation from Providence College, Grea t Lo cati on 401 -781 -4200, ex t. 11 he enlisted in the U.S. Army, serving
34 July /August 2011 Rhode Island Bar Journal YOUR with distinction in the U.S. Army’s CONNECTICUT 88th Infantry Division, “The Blue CONNECTION Devils .” He was a combat veteran on the Italian front, awarded the Bronze Star for bravery and the Combat Infantryman Badge for actively engag - ing the enemy in ground combat. Judge Healey later served in the U.S. Army Reserve and was honorably discharged with the rank of Captain. He received his J.D. in law from the Boston University School of Law and was admitted to the R.I. Bar in 1949. He began his legal career as an associ - M ESSIER & MASSAD • COUNSELORS ATLAW ate of the Christopher DelSesto Law Gregory P. Massad* Alan R. Messier Jeffrey C. Ankrom Jason B. Burdick Firm and later was a partner of Healey and Mondlick Law Firm. He served as Campaign Manager for Christopher DelSesto’s 1956 run for Governor. *Licensed in Rhode Island Only In 1958, he helped to lead DelSesto’s successful campaign for the Governor- AREAS OF PRACTICE: ship. Judge Healey served as Executive Warwick • Personal Injury Secretary to the Governor, acting as Real Estate his chief of staff. In 1960, he was • Hartford West Greenwich Bankruptcy appointed an Associate Justice of the office RI Juvenile Court. In 1961, he was • Norwich Wills & Probate appointed an Associate Justice of the Family Law newly formed RI Family Court, where New London Landlord & Tenant he served with distinction until his office • Westerly DUI retirement as the Senior Associate Collections Justice in 1988. In 1970, he was dele - Business Formation gate to the White House Conference Commercial Litigation on Children and later served as a member of President Gerald R. Ford’s Connecticut State & Federal Courts National Advisory Committee on Connecticut Trial Lawyers Association Criminal Justice and Juvenile Justice Rhode Island Association for Justice and Delinquency Prevention. In 1974, RIBA Volunteer Lawyer Program he was the first Rhode Island Judge RIBA Lawyers Helping Lawyers Committee to be elected president of the National Council of Juvenile and Family Court 21 Huntington Street New London, Connecticut 06320 860.443.7014 Judges. He later served on the Board 16 Nooseneck Hill Road W. Greenwich, RI 02817 401.385.3877 of Fellows of the National Center of Juvenile Justice, as the Chairman of the Board of Trustees for the National Juvenile Court Foundation and as a Faculty Member of the National MARK A. PFEIFFER College of Juvenile Justice. In 1982, he was appointed by President Ronald W. Alternative Dispute Resolution Services Reagan as a member of the President’s www.mapfeiffer.com National Advisory Commission on Juvenile Justice and Delinquency Bringing over three decades of experience as a Superior Court Prevention. He represented the United judge, financial services industry regulator, senior banking officer, States at various international gather - and private attorney to facilitate resolution of legal disputes. ings serving as the Chief Delegate of the U.S. Delegation to the Asian- Pacific Conference on Juvenile Delin- ARBITRATION MEDIATION PRIVATE TRIAL quency in Seoul, Korea and as an (4 01)78 7-6995 / [email protected] / 86 State Street, Bristol, R.I. 02809
Rhode Island Bar Journal July /August 2011 35 In Memoriam (continued)
expert consultant to the Government of Jamaica when it formed its Family Court System. He also served as the Florida U.S. Representative to the United Nations Ad Hoc Meeting of Experts Legal Assistance Statewide on Youth Crime and Justice. For near - ly twenty years, he served as the only American Deputy-Vice President of the International Association of Youth Edmund C. Sciarretta, Esq. and Family Magistrates and Judges. He was a member of the Board of Suffolk Law 1970 Directors of Butler Hospital Corpora- tion, the Cranston Boys’ Club, the RI League for Emotionally Disturbed Children, the RI Association for PERSONAL INJURY Mental Health, the Sophia Little Home, and the RI Conference of WORKERS’ COMPENSATION Social Work. He was a Past Grand Knight of the Tyler Council-Knights of • REAL ESTATE CLOSINGS TITLE INSURANCE Columbus, a member of the American Legion, Veterans of Foreign Wars, the PROBATE ADMINISTRATION Benevolent and Protective Order of PROBATE LITIGATION Elks of Providence, the Sons of Irish Kings and the Friendly Sons of St. MARITAL & FAMILY LAW • GUARDIANSHIP Patrick of Providence. He was also a Board Member of the Bishop Russell J. BANKRUPTCY • CRIMINAL LAW McVinney Foundation for Seminarian Education. He was a sixty-year parishioner of St. Paul’s Church in Edgewood. He was a recipient of the Sciarretta & Mannino Exemplary Citizenship Award from Providence College, the Herbert Attorneys at Law Harley Award from the American Judicature Society, and the Meritorious
7301A West Palmetto Park Road • Suite 305C Service to Juvenile Courts of America Award from the National Council of Boca Raton, Florida 33433 Juvenile and Family Court Judges. In 1981, he was the first recipient of the 1-800 -749-9928 • 561/338-9900 Neil J. Houston, Jr. Memorial Award for Outstanding Achievement in the Field of Criminal Justice. In 2009, he was the first recipient of the Lifetime Achievement Award from Justice Assis- tance which named the award in per - petuity the Judge Edward V. Healey, Jr. 127 Dorrance S treet Lifetime Achievement Award in his honor. Judge Healey was also the recip - All Inclusive Class A Office Space ient of the Man of the Year Award from the Christian Brothers Boys’ Association, the Friendly Sons of St. Absolutely beautiful Multiple individual offices Full service offices include Patrick, the RI Association of professional office available in different Utilities, Receptionist, Heat, Retarded Children, and the Fraternal space located at sizes. Large Conference Electric, Cox Internet, Copier Order of Eagles. In 1989, he was 127 Dorrance Street, room with library and and Fax. Rents range from inducted into the Rhode Island Providence (Directly Palladian windows. $475 month to $950 month Heritage Hall of Fame, and, in 2009, next door to the Interior glass windows (all inclusive) depending on Garrahy Courthouse). throughout office. size of office. he was inducted into the LaSalle Academy Hall of Fame. (4 01 ) 580-4 511
36 July /August 2011 Rhode Island Bar Journal Providence Valuation , LLC business appraisal and consulting He is survived by his nine children: Nancy J. of West Warwick, Kevin F. of Warwick, Edward V. and his wife, Maureen of West Greenwich, Janice M. of Warwick, Sean T. of Narragan- business valuations sett, Michael J. and his wife Susan of Jamestown, Christopher D. Esq. of lost profits studies Jamestown, Ann M. Donohue and her husband James of Ballston Lake, New York and Father Bernard A., Pastor of fractional interest St. Ambrose Church in Albion, RI. discount analyses James R. Morriss, Esq. asset recovery James R. Morriss, 94, of Warwick, passed away on May 15, 2011. He was the beloved husband of the late Ruth intangible asset Beffre Morriss. He graduated from LaSalle Academy and Holy Cross valuation College, Class of ’38. He was attending John “Jay” Candon law school in Washington D.C. when lost earnings studies CPA, ABV, ASA, CFE, CFF World War II interrupted his studies. 1750 Ministerial Rd He served in the U.S. Navy with the business acquisitions Pacific Fleet, as a Naval Officer operat - South Kingstown, RI 02879 ing out of Perth, Australia. At the age and sales 401.714.4099 of 26, he became Executive Officer of the Destroyer USS Childs. When WW www.providencevaluation.com II ended, James returned to Washington D.C. and graduated from Georgetown University Law School. He spent most Providence Valuation is dedicated – 20 years business valuation experience of his 50 year career practicing law in to providing the highest quality of – Recognized as an expert by the U.S. Tax Providence as a member of the Rhode objective and confidential services Court, Federal Courts and State Courts Island Bar Association. James was a former Democratic to our clients, small and medium – Certified Public Accountant City Chairman in the City of Warwick sized enterprises and high net – Accredited in Business Valuation and worked as Warwick City Solicitor under Mayor Horace Hobbs. He is worth individuals in the greater – Accredited Senior Appraiser survived by sons James Morriss, Jr. Rhode Island area, in the most – Former Chief Financial Officer of a and his wife Barbara Morriss of North economical way. Kingstown, Richard Morriss of commercial bank Warwick, and Edward Morriss of Charleston, SC.
Please contact the Rhode Island Bar Association if a member you know passes away. We ask you to accompany your notification with an obituary notice for the Rhode Island Bar Journal. Please send member obituaries to the attention of Frederick D. Massie, Rhode Island Bar Journal Managing Editor, 115 Cedar Street, Providence, Rhode Island 02903. Email: fmassie @ribar.com, facsimile: 401-421-2703, telephone: 401-421-5740.
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38 July /August 2011 Rhode Island Bar Journal Providence Mayor and Rhode Island Memoriam Bar Association member Angel Tavares July 2010 – June 2011 congratulated Tanya Nieves, the Rhode Island Bar Association’s Continuing Legal Education Coordinator, on her honor as the John Richard Allen, Esq. 2011 Administrative Professional of the Year Albert Knight Antonio, Esq. presented by the International Association Louis B. Cappuccio, Sr., Esq. of Administrative Professionals ® (IAAP) John R. Cosentino, Esq. Providence Chapter. In addition to her Leonard Decof, Esq. service to the Bar, Tanya is the Chapter Anthony DiPetrillo, Esq. Treasurer and Chair of their Website Joseph M. Fernandez, Esq. Committee. A valued member of the Bar John F. Flynn, Esq. family, Tanya won her award the old fash - Hon. Edward V. Healey, Jr. ioned way; she earned it! Samuel J. Kolodney, Esq. Albert J. Lepore, Esq. James F. McCoy, Esq. James R. Morriss, Esq. There’s only one ... Lane W. Newquist, Esq. A. Lauriston Parks, Esq. Norman A. Peloquin, II, Esq. RI Zoning Handbook, 2d Paul E. Phillips, Sr., Esq. by Roland F. Chase, Esq. Eustace T. Pliakas, Esq. • Completely revised • 340 pages • Comprehensive text-and-footnote William H. Priestley, Esq. analysis of Rhode Island zoning law, plus federal zoning law (new!) • Kept Shayle Robinson, Esq. up to date with annual supplements • Table of Cases • Table of Statutes Aram R. Schefrin, Esq. • Exhaustive index • $80.00 plus $5.60 tax • No shipping charge for pre- S. Harold Skolnick, Esq. paid orders. Further information and order form at www.rizoning.com. Martin M. Temkin, Esq. Chase Publications, Box 3575, Newport, RI 02840
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40 July /August 2011 Rhode Island Bar Journal SOLACE Helping SOLACE, an acronym for Support of Bar Members are screened and then directed through the Lawyers, All Concern Encouraged, is a SOLACE volunteer email network where new Rhode Island Bar Association program in Times members may then respond. On a related allowing Bar members to reach out, in a of Need note, members using SOLACE may meaningful and compassionate way, to their request, and be assured of, anonymity colleagues. SOLACE communications are for any requests for, or offers of, help. through voluntary participation in an email-based network To sign-up for SOLACE, please go to the Bar’s website at through which Bar members may ask for help, or volunteer to www.ribar.com , login to the Members Only section, scroll assist others, with medical or other matters. down the menu, click on the SOLACE Program Sign-Up , and Issues addressed through SOLACE may range from a need for follow the prompts. Signing up includes your name and email information about, and assistance with, major medical problems, address on the Bar’s SOLACE network. As our network grows, to recovery from an office fire and from the need for temporary there will be increased opportunities to help and be helped by professional space, to help for an out-of-state family member. your colleagues. And, the SOLACE email list also keeps you The program is quite simple, but the effects are significant. informed of what Rhode Island Bar Association members are Bar members notify the Bar Association when they need help, doing for each other in times of need. These communications or learn of another Bar member with a need, or if they have provide a reminder that if you have a need, help is only an something to share or donate. Requests for, or offers of, help email away.
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Revens, Revens & S t. Pierre Bar Journal The Rhode Island Bar Journal is Michael A. St. Pierre one of the Bar Association’s best means of sharing your knowledge and experience with your colleagues. 946 Ce nt erville Road Every year, attorney authors offer information and wisdom, through Warwick, RI 02886 scholarly articles, commentaries, book reviews, and profiles, to over (4 01) 822 -2900 telephone 6,000 subscribers in Rhode Island (4 01) 82 6-3245 facsimile and around the United States. In addition to sharing valuable in- mikesp @rrspla w.com email sights, authors are recognized by readers as authorities in their field and, in many cases, receive Contin- uing Legal Education (CLE) credit Attorney to Attorney Consultations/Referrals for their published pieces . The Bar Journal ’s Article Selection Criteria appear on page 4 of every Bar Journal and on the Bar’s website at www.ribar.com. Aspiring authors and previous contributors are encouraged to contact the Rhode Island Bar Journal ’s Editor Frederick Massie by telephone: (401) 421-5740 or BANKRUPTCY email: fmassie @ribar.com .
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Rhode Island Bar Journal July /August 2011 45 Get to Know Your Bar Association Web Site Features & Benefits www.ribar.com The Rhode Island Bar Association web site is an easy-to-navigate, valuable information resource and interactive tool for Bar members and the public.
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