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Rhode Island Bar Journal Rhode Island Bar Association Volume 65. Number 6. May /June 2 017 The Case of Trevett v. Weeden : 1786 – 2004 Five Things the Rhode Island Supreme Court Wants You to Know About Civil Trial and Appellate Practice You’re fired! Voter recall of elected officials in Rhode Island RHODE ISLAND B a r A s s o c i a t i o n 1898 12 26 Editor In Chief : Mark B. Morse, Esq Articles Editor : Kathleen M. Bridge Editorial Board 5 The Case of Trevett v. Weeden: 1786 – 2004 Victoria M. Almeida, Esq. Ernest G. Mayo, Esq. Patrick John McDonald, Esq. B. Mitchell Simpson III, Esq. Samantha Clarke, Esq. Jerry Cohen, Esq. Lenore M. Montanaro, Esq. 11 Five Things the Rhode Island Supreme Court Wants You to Patrick T. Conley, Esq. Laura A. Pisaturo, Esq. Know About Civil Trial and Appellate Practice Eric D. Correira, Esq. Matthew R. Plain, Esq. William J. Delaney, Esq. Amy G. Rice, Esq. Nicole J. Benjamin, Esq. Thomas M. Dickinson, Esq. Steven M. Richard, Esq. 17 You’re fired! Voter recall of elected officials in Rhode Island Nicole P. Dyszlewski, Esq. Lawrence E. Rothstein, Esq. Patty Allison Fairweather, Esq. Julie Ann Sacks, Esq. Samuel D. Zurier, Esq. Timothy A. Gagnon, Esq. Jessica A. Shelton, Esq. 23 Some Like It Hot: American Bar Association Delegate Report – Douglas A. Giron, Esq. Stephen A. Smith, Esq. Amy H. Goins, Esq. Hon. Brian P. Stern Midyear Meeting 20 17 Marcia McGair Ippolito, Esq. Elliot Taubman, Esq. Robert D. Oster, Esq. Richard Jessup, Jr. Esq. Patricia M. Watson, Esq. Ali Khorsand, Esq. Clint Douglas Watts, Esq. 25 Lunch with Legends: Trailblazers, Trendsetters and Treasures Thomas M. Madden, Esq. of the Rhode Island Bar Stephen Adams, Esq. and Jenna Pingitore, Esq. RHODE ISLAND BAR ASSOCIATION LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, I pledge to conduct myself in a manner that will reflect honor upon the legal profession. I will treat all partici pants in the legal process with Features civility. In every aspect of my practice, I will be honest, courteous and fair. 3 Defunding the Legal Aid Budget is 29 Seminar Helps Lawyers Market Denying Equal Access to Justice Their Practice Association Officers 4 Rhode Island Bar Association Annual 31 Continuing Legal Education Armando E. Batastini, President Meeting June 15th and 16th Linda Rekas Sloan, President-Elect 32 SOLACE Carolyn R. Barone , Treasurer 6 Letter to the Editor 34 Lawyers on the Move David N. Bazar, Secretary 12 Bar Public Services Department 34 Online Attorney Directory Executive Directo r, Helen Desmond McDonald Honored with Legal Clinic Award 34 Rhode Island Probate Court Direct advertising inquiries to the Editor, Kathleen M. 19 Good Business for Good Lawyers Listing on Bar’s Website Bridge, Rhode Island Bar Journal, 41 Sharpe Drive, Cranston, RI 02920, (401) 421-5740. 21 Annual Meeting Keynote Speaker 41 In Memoriam USPS (464-680)ISSN 1079-9230 24 50-Year Club 43 Caption This! Contest Rhode Island Bar Journal is published bimonthly by the Rhode Island Bar Association, 41 Sharpe Drive, 26 Attorney Addresses Students on 43 Advertiser Index Cranston, RI 02920. Bankruptcy Issues 43 Sign Up For Your 2 017-2 018 PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 26 Online Attorney Resources (OAR) Bar Committee Membership Today! Subscription: $30 per year 27 VLP Honor Roll Postmaster Send Address Correction to: 29 Annual Meeting Plenary Speaker Rhode Island Bar Journal 41 Sharpe Drive Cranston, RI 02920 GONDOLA BOAT FROM LA GONDOLA PROVIDENCE ON THE PROVIDENCE RIVER www.ribar.com The Providence River is an 8-mile tidal river in Rhode Island. Gondola rides on the river are popular among residents and tourists alike, especially during WaterFire, a free, seasonal festival where numerous fires are lit on the River alongside vendors and performances by various artists. Cover Photograph by Brian McDonald Defunding the Legal Aid Budget is Denying Equal Access to Justice This column is the final one of my term as presi - it provides pro bono legal services. Those dent. Traditionally, the final column features changes would unavoidably impact other Bar extensions of gratitude to those who have helped Association services and fee structure. during the preceding year. Those thank yous fol - I hope that we never have to face these issues low below. However, one current issue is of such and, that by the time you read this article, defund - moment that it deserves comment prior to rec - ing LSC is no longer an issue. However, programs ognizing all of the great people who have lent that aid the poor and disadvantaged are increas - a hand in assisting the Bar Association over the ingly under attack in the current political envi - last year. ronment, so even if LSC is funded in the current President Trump’s proposed budget includes budget cycle, this issue will likely repeat itself. defunding the Legal Services Corporation. I have consequently drafted letters to our Armando E. Batastini, Esq. Congress established the LSC in 1974 to provide Congressional delegation as part of a broader President legal representation to persons of limited means. effort by the ABA to encourage our political Rhode Island Bar Association LSC currently funds over 100 civil legal-aid pro - leaders to maintain funding to LSC . I encourage grams throughout the country, including Rhode all Bar Association members to do the same. Island Legal Services. Current federal funding Notwithstanding the foregoing, I have had a for LSC is $385,000,000, or, by my math, roughly terrific year serving as your Bar President. A lot 0.01% of the total federal budget of approxi - of credit for this fact goes to the Bar Association mately $3.854 trillion. staff and Executive Director Helen McDonald. “…defunding the Legal LSC helps the most vulnerable Chief Justice Joseph Weisberger, for whom I among us. LSC -funded programs clerked, liked to say that a U.S. Navy ship could Services Corporation would directly aid people with annual run without its officers, but would never get off be catastrophic to those who incomes at or below 125% of the fed - the pier without its crew. He would know. His eral poverty guidelines, which in 2015 father was a Chief Petty Officer, and he served would no longer receive repre - was $14,713 for an individual and with distinction as a naval officer in World War sentation through Rhode Island $30,313 for a family of four. Rhode Two. Like a naval ship, the Bar Association could Island Legal Services, specifically, run without its president (at least when I filled Legal Services, but also our provides critical legal representation the office), but would never function without judicial system, which would in the high-need areas of family law its excellent, dedicated staff. and housing. I do not suppose to A special word about Helen is in order. We be faced with an onslaught of speak for Rhode Island Legal Services, have a well-run and fiscally disciplined Bar pro se litigants ill-equipped to but defunding LSC would jeopardize Association because of her. The Bar Association Rhode Island Legal Service’s ability staff has very little turn-over, and when senior represent themselves.” to continue to provide these services. staff members have retired, those positions are That result would be catastrophic to those who generally filled from within – all hallmarks of would no longer receive representation through a healthy organization. Rhode Island Legal Services, but also our judi - I also want to thank all of the volunteer cial system, which would be faced with an attorneys who participate in Bar activities, and onslaught of pro se litigants ill-equipped to especially those who serve on the Executive represent themselves. Committee, House of Delegates and as Bar com - If LSC is not funded, other pro bono legal mittee chairs. These persons are fellow lawyers service providers will have to fill the gap. As the who give of their time to improve the practice largest source of volunteer pro bono services in of law in Rhode Island. Rhode Island, the Bar Association will have a I especially want to recognize Tom Lyons, large share of this responsibility. Given the vol - Michael Goldberg and Lynda Laing. Tom and ume of cases that Rhode Island Legal Services Michael are co-chairs of the Bar’s Technology in handles, the Bar Association would have to con - the Practice Committee, and formed a working sider radical changes to the manner with which group to address issues as they arise with respect Rhode Island Bar Journal May /June 20 17 3 to the Court’s conversion to e-filing. RHODE ISLAND BAR JOURNAL Lynda also assisted in addressing e-filing Editorial Statement issues, particularly with the District The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island SUCCESS IS Court system, along with chairing the attorneys, judges and others interested in Rhode Island Annual Meeting Committee this year. All law. The Bar Journal is a paid, subscription magazine OFTEN DRIVEN three have spent countless hours so that published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, the e-filing system is better for everyone, in Rhode Island. This constitutes an audience of over BY IMAGE. and deserve our collective gratitude. I 6,000 individuals. Covering issues of relevance and pro - would be remiss if I did not add that our viding updates on events, programs and meetings, the SO, WHAT ARE Rhode Island Bar Journal is a magazine that is read on partners in the judiciary have also been arrival and, most often, kept for future reference.