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Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 61. Number 4. Januar y/February 2 013 Modernizing Rhode Island’s Premises Liability Laws Statute of Limitations Under the Servicemembers’ Civil Relief Act Immigration Consequences to a Charge of Simple Assault or Battery Judge David Howell: Early Rhode Island Legal Luminary RHODE I SLAND Bar Association 1898 Editor In Chief , David N. Bazar Editor , Frederick D. Massie 5 Assistant Editor , Kathleen M. Bridge Editorial Board Victoria M. Almeida, Esq. Peter A. Carvelli, Esq. Articles Jerry Cohen, Esq. Eric D. Correira, Esq. William J. Delaney, Esq. 9 Modernizing Rhode Island’s Premises Liability Laws Matthew Louis Fabisch, Esq. Stephen J. Sypole, Esq. Jay S. Goodman, Esq. Jennifer Wims Hashway, Esq. 15 Lunch with Legends: Trailblazers, Trendsetters and Treasures Marcia McGair Ippolito, Esq. of the Rhode Island Bar Dianne L. Izzo, Esq. Ernest G. Mayo, Esq. Matthew R. Plain, Esq. and Elizabeth R. Merritt, Esq. Keven A. McKenna, Esq. Elizabeth R. Merritt, Esq. 17 Tolling the Statute of Limitations Under the Servicemembers’ Civil John T. Mulcahy, Esq. Relief Act Matthew R. Plain, Esq. Kevin N Rolando, Esq. Michael S. Pezzullo, Esq. Miriam A. Ross, Esq. Jonathan L. Stanzler, Esq. 21 Immigration Consequences to a Charge of Simple Assault Hon. Brian P. Stern or Battery Elliot Taubman, Esq. Timothy C. Twardowski, Esq. Deborah S. Gonzalez, Esq. Harris K. Weiner, Esq. Christopher Wildenhain, Esq. 29 Judge David Howell: An Early Rhode Island Legal Luminary Patrick T. Conley, Esq. RHODE ISLAND BAR ASSOCIATION LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, I pledge to conduct myself in a manner that will reflect honor upon the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be Features honest, courteous and fair. Executive Director , Helen Desmond McDonald 3 Dangers of the Pro Se Explosion 31 Publish and Prosper in the Rhode Association Officers Island Bar Journal 4 House of Delegates Letters of Interest Michael R. McElroy President Due February 21, 2013 32 Proposed Practice Form 12, J. Robert Weisberger, Jr., President-Elect 5 Bar’s Volunteer Lawyer Program Foreclosure Checklist Open for Bar Bruce W. McIntyre , Treasurer Receives Rhode Island Legal Services’ Member Review and Comment Melissa E. Darigan, Secretary Equal Justice Award 34 In Memoriam Direct advertising inquiries to the Editor, Frederick D. 6 Letter to the Editor 35 ABA Justice Award Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. Response to September/October 40 Lawyers on the Move 2012 President’s Message: USPS (464-680) ISSN 1079-9230 43 Advertiser Index Rhode Island Bar Journal is published bimonthly by First Thing We Do, Let’s Kill All the the Rhode Island Bar Association, 115 Cedar Street, Law Schools Providence, RI 02903. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 6 Mediation Clinic Subscription: $30 per year 7 Now Accepting 2013 Nominations Postmaster 19 New Bar List Serve Gaining New Send Address Correction to Rhode Island Bar Members Daily! Join Today! Journal, 115 Cedar Street, Providence, RI 02903 20 SOLACE – Helping Bar Members www.ribar.com in Times of Need Front Cover Photograph 27 Continuing Legal Education New Narragansett Bay Commission power-generating windmills, Field’s Point, 28 Justice Assistance Award Honorees Providence , by Brian McDonald Committed to the Pursuit of Justice XX% Certno. XXX-XXX-000 Dangers of the Pro Se Explosion Many internet-based companies make legal 70% of civil cases in their states currently in - forms available at low or no cost. But a legal volve pro se litigants. Personally, I was astounded form is no substitute for the sound advice and at the 70% figure. counsel of a lawyer, and, without the help of a This self-representation issue is not restricted lawyer, blindly using a legal form can have dis - to litigation and is becoming the new normal. astrous consequences. Here is one example. In addition to forms sites, the internet provides I represented a wonderful husband and wife. individuals with unprecedented levels of access Over the years, I also handled many of their to legal information, often at low or no cost. small business transactions. For example, Google Advanced Scholar provides The husband became ill. His grown, and free access to state and federal case law, statutes, highly educated, daughters realized he had no and other computerized legal research materials. Michael R. McElroy, Esq. will. So, with all good intentions, but wanting Electronic filing systems, such as those used in President to save money, they went online, found a will federal court, provide access to all documents Rhode Island Bar Association form, filled it out, had him sign it, and both filed in federal court cases at nominal cost. State daughters witnessed it. I did not find this out courts are also rapidly adopting electronic filing. until the husband died and the wife and daugh - But access to this information does not mean ters brought the will to me. that an individual or business is well-served I had to tell the daughters that they had by handling their own legal affairs without a unintentionally disinherited themselves because lawyer. It takes a trained lawyer to apply such under RI Gen. Laws 33-6-1, witnesses to a will information to the facts and circumstances of I recommend we cannot inherit under a will. Luckily for them, each legal issue. give serious the wife was still alive, and, because the will There is no question that lawyers can be first passed everything to the wife, there was expensive, and I understand the desire to save thought to: no ultimate harm. money. For the poor, hiring a lawyer can be 1) effective Our Bar Association’s House of Delegates nearly impossible, and, in this difficult economy, recently authorized me to convene a Task Force we are facing a huge need for attorneys to ren - unbundling of of prominent attorneys, judges, and a Roger der pro bono assistance. legal services Williams School of Law professor to study But I believe we, as lawyers, are in danger effectively implementing the unbundling of of pricing ourselves out of the legal market and (limited scope legal services (limited scope representation) in almost becoming an irrelevancy for many clients. representation); Rhode Island. The Task Force is hard at work We could all become dinosaurs if we do not under the leadership of Bar President-Elect J. adapt. and 2) increased Robert Weisberger, Jr., and I hope that eventual Like any other product or service, lawyers early mediation implementation of the Task Force recommenda - must demonstrate that we can provide added tions will provide new vehicles for more effi - value above what a potential client can obtain in the courts. cient delivery of legal services in Rhode Island with a few keystrokes. that will benefit clients, lawyers, and judges. The pro se explosion also puts an unfair bur - The New England Bar Association (NEBA) den on judges. If only one side is represented annual meeting recently featured a roundtable by counsel, or if neither side is represented by discussion among the Chief Justices of the New counsel, it falls to the judge to marshal the facts England Supreme Courts. The Chiefs were and the law and render a decision. This is not asked to describe what was happening in their an efficient way to litigate cases. states with regard to pro se litigants. The first I therefore recommend that we give serious chief to weigh in was our own Chief Justice thought to: 1) effective unbundling of legal Suttell, who described what he termed a “ pro services (limited scope representation); and se explosion” in Rhode Island. Not only did all 2) increased early mediation in the courts. of the other Chiefs wholeheartedly agree with Regarding early mediation, my feeling is that Chief Justice Suttell, two of them stated that most litigants want their day in court. When I Rhode Island Bar Journal Januar y/February 2013 3 was chair of the Superior Court Bench courthouses so that litigants can literally RHODE ISLAND BAR JOURNAL Bar Committee, we assisted in the estab - get their day in court. Editorial Statement lishment of a successful medical malprac - A combination of effective limited The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island tice mediation program, working with scope representation, expanded early attorneys, judges and others interested in Rhode Island then Presiding Justice Rodgers and retired mediation opportunities, and the contin - law. The Bar Journal is a paid, subscription magazine Justice Israel. Our Supreme Court has ued support of our terrific pro bono published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, also implemented a successful mediation attorneys, should go a long way toward in Rhode Island. This constitutes an audience of over program. reducing legal costs and helping clients 6,000 individuals. Covering issues of relevance and pro - I believe that early mediation programs avoid the potentially disastrous dangers viding updates on events, programs and meetings, the Rhode Island Bar Journal is a magazine that is read on should be expanded into as many of our of handling their legal affairs without a arrival and, most often, kept for future reference. The courts as practicable, and that the media - lawyer. v Bar Journal publishes scholarly discourses, commen - tions should physically be held in our tary on the law and Bar activities, and articles on the administration of justice. While the Journal is a serious magazine, our articles are not dull or somber. We strive to publish a topical, thought-provoking magazine that addresses issues of interest to significant segments of the Bar.
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