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Rhode Island Bar Journal Rhode Island Bar Journal Rhode Island Bar Association Volume 62. Number 6. May/June 2 014 Pre-Bail Revocation Hearing Detention Federal Rules of Civil Procedure The War to End All Wars Refusal Cases: Sworn Repo rt Required BOOK REVIEW: The Hanging and Redemption of John Gordon RHODE I SLAND Bar Association 1898 32 Editor In Chief , David N. Bazar Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge Articles Editorial Board Jenna R. Algee, Esq. Matthew R. Plain, Esq. Victoria M. Almeida, Esq. Steven M. Richard, Esq. 7 Not to be Countenanced: Pre-Bail Revocation Hearing Detention Steven J. Boyajian, Esq. Adam D. Riser, Esq. in Rhode Island District Court Peter A. Carvelli, Esq. Miriam A. Ross, Esq. Andrew C. Spacone, Esq. and Robert I. Stolzman, Esq. Jerry Cohen, Esq. Julie Ann Sacks, Esq. Patrick T. Conley, Esq. Hon. Brian P. Stern 15 Federal Rules of Civil Procedure Amendments on the Horizon Eric D. Correira, Esq. Stephen J. Sypole, Esq. Stephen J. MacGillivray, Esq. and Raymond M. Ripple, Esq. William J. Delaney, Esq. Christopher Wildenhain, Esq. Amy H. Goins, Esq. 21 Lunch with Legends: Trailblazers, Trendsetters and Adi Goldstein, Esq. Treasures of the Rhode Island Bar Jay S. Goodman, Esq. Matthew R. Plain, Esq. and Elizabeth R. Merritt, Esq. Jenna Wims Hashway, Esq. Christina A. Hoefsmit, Esq. 25 COMMENTARY – The War to End All Wars Marcia McGair Ippolito, Esq. Jerry Elmer, Esq. Thomas A. Lynch, Esq. Ernest G. Mayo, Esq. 29 Refusal Cases: Sworn Report Required John R. McDermott, Esq. Elizabeth R. Merritt, Esq. Thomas M. Bergeron, Esq. 33 BOOK REVIEW – The Hanging and Redemption of John Gordon: RHODE ISLAND BAR ASSOCIATION The True Story of Rhode Island’s Last Execution LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, I pledge by Paul Caranci to conduct myself in a manner that will reflect honor upon Michael S. Pezzullo, Esq. the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be 37 Windy City Blues – American Bar Association Delegate Report: honest, courteous and fair. ABA Midyear Meeting Executive Director , Helen Desmond McDonald Robert D. Oster, Esq. Association Officers J. Robert Weisberger, Jr., President Bruce W. McIntyre, President-Elect Features Melissa E. Darigan , Treasurer Armando E. Batastini, Secretary 3 Sharing the Wealth of Knowledge 32 Bar Volunteers Supporting Generation Direct advertising inquiries to the Editor, Frederick D. 4 Sign Up For Your 2014-2015 Bar Citizen’s Law Related Education Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. Committee Membership Today! Initiative 34 New Bar List Serve Gaining New USPS (464-680) ISSN 1079-9230 5 2014 Annual Meeting Features Rhode Island Bar Journal is published bimonthly by Members Daily! Join Today! the Rhode Island Bar Association, 115 Cedar Street, 12 Publish and Prosper in the Rhode 35 Lawyers on the Move Providence, RI 02903. Island Bar Journal PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 13 Tribute – Stephen R. Famiglietti, Esq. 41 Are you an aggre ssive driver Subscription: $30 per year 14 Your Bar’s Lawyer Referral Service 42 In Memoriam Postmaster Builds Your Practice! 45 Reaching Out: Learning the Signs Send Address Correction to Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903 23 Continuing Legal Education of Depression and Suicide Risk www.ribar.com 24 Use OAR Today and Pull Together 45 You know my name. Look up the number. as a Team! Front Cover Photograph 30 Dealing with a colleague’s grief 46 Advertiser Index by Brian McDonald America’s Cup 12-Meter, Newport 30 SOLACE – Helping Bar Members in Times of Need Rhode Island Bar Association Annual Me eting XX% June 19 & 20, 2 01 4 | Providence Cert no. XXX-XXX-000 Sharing the Wealth of Knowledge This is my final President’s Message, for which ners were progressive yet old school in many many of you may be grateful. Since this is my ways, which was part of the charm. I don’t swan song, as far as President’s Messages go, know of any firms like that today. It was the I would like to say a few words about how for - ideal model for a young lawyer’s training camp tunate I have been to practice law with so many to learn the art of the practice of law. giants of the profession. A person is said to be There was also plenty of opportunity to the sum of his experiences and mine have been learn by observing and listening to some of the rich indeed. state’s best civil trial attorneys and, in many My first position was with the law firm of instances, having the privilege to sit with these Gunning, LaFazia & Gnys, Inc., a veritable who’s marvelous mentors as second chair, in signifi - who of outstanding trial attorneys; to wit, the cant cases, both in state and federal court. One late Raymond LaFazia, Edward L. Gnys, Jr., highlight was a major dram shop defense case J. Robert Weisberger, Jr. Esq. and Guy J. Wells, three attorneys extraordinaire. where I was privileged to sit second chair with President Also in that firm were Netti C. Vogel, now Ed Gnys. It tried in Newport for over six weeks Rhode Island Bar Association of the Superior Court; Jeanne E. LaFazia, now before Justice Israel. Ed and I made the winter Chief Judge of the District Court; Bennett R. trek every day through the snow in January and Gallo, who went on to become a Justice of the February (not the best time to visit Newport!). Superior Court; and, Edward P. Sowa, a distin - I participated in the trial and gained first-hand guished jurist with the Workers’ Compensation experience watching outstanding trial attorneys Court. There were also a great group of young in action. One co-defendant was represented attorneys like Ed Gnys, III, Fred Polacek, Alan by the late Joe Houlihan, a very talented trial A person is said LaFazia, Tom Chester and Vicky Almeida. Every attorney and a great person. Another co-defen - to be the sum of day was an adventure, with new and interesting dant was represented by distinguished trial things to research and learn, memoranda and attorney, the late Gene Higgins. Gene was nearly his experiences appellate briefs to write, motions to prepare, 80 at the time, but he was as smooth as silk and mine have matters to be argued in court almost daily, in his cross-examinations. Of course, Ed Gnys cases to be tried, and sometimes the opportunity won the prize for best actor! (That’s an inside been rich indeed. to argue an appeal before the Rhode Island joke that some of you may get.) He was also Supreme Court, which I was lucky enough to one of the most capable and hard-working trial do several times during my first four years of attorneys I have ever known. We won that trial, practice. I considered myself very fortunate and the appeal, in the first reported case I ever indeed. At that old and venerable firm, a young worked on. attorney could observe, participate in, and Not long after that, there was the plaintiff’s experience what the life of a trial lawyer was case I got to sit second chair on, in a product about, with all the sage advice and guidance liability action in the federal district court with a new attorney could want. Moreover, the Guy “Jack” Wells against learned and formida - merriment and good will shared by all was ble adversaries, Gerry DeMaria and the late, as Dickensian as a scene at Old Fezziwig’s. great Joseph Cavanaugh, Sr. There were also The firm was perhaps a throwback to many, many opportunities to observe the leg - earlier times when aspiring lawyers clerked with endary Raymond LaFazia demonstrate his skill experienced attorneys to learn that which isn’t as a trial lawyer, which my late father would taught in law school – the nuts and bolts of the often refer to as “the highest form of the practice of law. I will never forget my first jury lawyer’s art.” trial. Judge Vogel, then just Netti, could not After four and a half years with that venera - have been more helpful in assisting me with ble firm, I took a position with the law firm of my case. She took great interest and enthusiasm Wistow & Barylick, Inc. There, I learned from in helping me prepare. I think I still have all the two more outstanding Rhode Island trial attor - notes she provided which I used to draft my neys, Max Wistow and John Barylick, whose first trial notebook! I remember everyone there scholarly abilities and skill are legendary. as being so kind and helpful. The senior part - Witnessing their work and their brilliant minds Rhode Island Bar Journal May/June 20 14 3 analyzing and deciphering complex legal leadership, and especially James J. RHODE ISLAND BAR JOURNAL problems was an opportunity any attor - Skeffington, Esq., for allowing me to Editorial Statement ney would consider lucky to experience. dedicate the time necessary to serve as The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island As with my prior position, there were president this year. attorneys, judges and others interested in Rhode Island also young, talented associates to grow My term is now just about over and law. The Bar Journal is a paid, subscription magazine with in the practice of law who have now I can hardly believe how fast the year has published bi-monthly, six times annually and sent to, become outstanding attorneys in their own gone by, not to mention the last 30 years! among others, all practicing attorneys and sitting judges, in Rhode Island.
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