Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 61. Number 1. Jul y/August 2 012
Rhode Island Bar Association Officers 2012-2013 Association Annual Report and Committee Reports Annual Meeting and Awards RHODE I SLAND Bar Association 1898 33 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 Remembering Attorney and Friend John Bomster honest, courteous and fair. John A. Tarantino, Esq. Editor In Chief , David N. Bazar Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge Editorial Board Features Victoria M. Almeida, Esq. Roland E. Chase, Esq. 3 You may ask, “Who is this guy?” 20 Bar Foundation 2012 Annual Meeting Jerry Cohen, Esq. Eric D. Correira, Esq. 4 Letter to the Editor – Response to 24 Annual Meeting Highlights William J. Delaney, Esq. Commentary: St. Thomas More and 33 Our Local Hero: Bruce W. McIntyre, Maureen D. Gemma, Esq. the Cranston West Prayer Banner Life-Saver and Bar Officer Jay S. Goodman, Esq. Case Bryan W. Hudson, Esq. 35 New Bridge the Gap Mandatory CLE 5 New Rhode Island Bar Association Hon. Patricia A. Hurst for New Attorneys Debuts in April Ernest G. Mayo, Esq. President and 2012-2013 Executive Elizabeth R. Merritt, Esq. Officers 36 Lawyers on the Move John T. Mulcahy, Esq. 7 Rhode Island Bar Association 37 Bar’s Volunteer Lawyer Program and Matthew R. Plain, Esq. 2012-2013 Officers’ Profiles RWU School of Law Provide Free Kevin N. Rolando, Esq. Family Mediations 11 2012 Ralph P. Semonoff Award for Miriam Ross, Esq. Andrew C. Spacone, Esq. Professionalism 37 Live! From the Bar! It’s CLE Seminar Simulcasting! Elliot Taubman, Esq. 11 2012 Florence K. Murray Award Harris K. Weiner, Esq. 38 SOLACE – Helping Bar Members 12 2012 Victoria M. Almeida Servant in Times of Need Leader Award 40 In Memoriam Executive Director , Helen Desmond McDonald 12 2012 Award of Merit Association Officers 44 New Name, Same Excellent, and Free, 13 Rhode Island Bar Journal Lauren Confidential Assistance for Bar Michael R. McElroy President E. Jones Writing Award Association Members and Their J. Robert Weisberger, Jr., President-Elect 13 50 Years of Service – 2012 Honorary Families Bruce W. McIntyre , Treasurer Melissa E. Darigan, Secretary Members 45 Memoriam: July 2011 – June 2012 14 2012 Volunteer Lawyer & Pro Bono 46 Publish and Prosper in the Rhode Direct advertising inquiries to the Editor, Frederick D. Program For The Elderly Award Island Bar Journal Massie, Rhode Island Bar Journal, 115 Cedar Street, Recipients Providence, RI 02903, (401) 421-5740. 46 Please consider joining or renewing USPS (464-680) ISSN 1079-9230 16 Rhode Island Law Day Focused on your membership in a Bar Committee Balancing Individual Rights Rhode Island Bar Journal is published bimonthly by this year. the Rhode Island Bar Association, 115 Cedar Street, 18 Ponaganset High School Student 47 Advertiser Index Providence, RI 02903. Wins 2012 Hon. Francis J. Darigan, Jr. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI Rhode Island Law Day Essay Contest Subscription: $30 per year 19 Bar President William Delaney and Postmaster NBC10 News Anchor Frank Colletta Bar Summer Hours Send Address Correction to Rhode Island Bar Discussed Bar Volunteer Education Rhode Island Bar Association Office Journal, 115 Cedar Street, Providence, RI 02903 and Pro Bono Work www.ribar.com 19 Volunteer Bar Lawyers Offer Free Monday, June 18, 2012 Front Cover Photograph Information and Advice on Rhode through View from Benefit Street, Providence, Island Bar/NBC10 Ask a Lawyer Tuesday, September 4, 2012 Partnership Programs by Brian McDonald 9:00 a.m. to 4:30 p.m.
Monday – Friday XX%
Cert no. XXX-XXX-000 You may ask, “Who is this guy?”
Looking at this picture, you may ask, “Who is the Southeastern US , and I argued a number of this guy? Can he really understand what I need cases in the US Courts of Appeals for the fifth from the Bar Association?” and sixth circuits. Good questions, because I have not had an In 1981, with our one year-old son Brian, we opportunity to meet as many of you as some moved back home to Rhode Island to be closer of my predecessors, so I believe an introduction to our families. Chris was pregnant with our is in order. I want you to feel comfortable daughter Dianne. I hung my shingle and started approaching me, knowing that, whatever your my own practice. Since then, I have prac ticed situation, whether you are struggling or well- either with one other attorney or as a solo. established, hanging your own shingle, or prac - When I first started practicing, I took nearly ticing in a big or small office, I have been there, every client who walked in the door. After all, Michael R. McElroy, Esq. so I understand your needs, and I will do my we needed to eat! I also took almost every President best to help you meet them. Continuing Legal Education course offered by Rhode Island Bar Association I was raised in West Warwick. I have three the Bar Association. These courses and related younger sisters. We lived with my mother in a forms were, and still are, invaluable to me. tenement house in Arctic. We survived on wel - As I developed a business practice, I realized fare and the generosity of my mother’s parents. most business transactions had tax implications I found out what it was like to have to make I did not understand, so I took night courses at payroll at the end of every week when I was 12 Bryant University and earned a master’s degree years old and took over a large paper route in taxation. Eventually, my practice became pri - requiring me to hire a helper. When I turned 16, marily general commercial and litigation. Our I became a truck driver for the newspaper dis - three children are now adults. And Chris and I I hope over the tributor. In my high school years, I worked 40 have two grandchildren, with a third on the way! course of the to 50 hours per week outside of school driving I met Lauren Jones as a co-counsel in the the truck. I played bass in a rock ‘n roll band I early 1980s. Lauren became a close friend and coming year, started with my best friend. Our band was pop - an invaluable source of legal advice. He recruit - you will feel com - ular because we played music you can dance to. ed me into active Bar Association involvement. We were booked every Friday and Saturday I spent three years as Superior Court Bench/Bar fortable approach - night for years. Committee Chair. Working with then Presiding ing me with any At the University of Rhode Island, I was Justice Rodgers, we developed the first medical captain of the rowing team, and I worked every malpractice mediation program in the state, and ideas you have job I could find to pay tuition, books and living we also completed a significant revision to the about how your expenses. I had a lawn-cutting business. I ran a rules of civil procedure. jackhammer, dug ditches, drove a dump truck, I hope over the course of the coming year, Bar Association roofed houses, and did rough carpentry. I you will feel comfortable approaching me with can help you. worked in a textile mill, a commercial laundry, any ideas you have about how your Bar Associa - and on an assembly line. tion can help you. I guarantee you that, working At Boston University School of Law, I worked with our terrific executive director of over 25 as a resident assistant in the undergraduate years, Helen McDonald, her staff, and our dorms and, in the summers, as a mailman. In a Executive Committee and House of Delegates, litigation clinic at BU Law, I was assigned to the we will listen carefully to your thoughts and Dorchester District Court with a small group of concerns. We will do our best to make your Bar student public defenders including our First Cir- Association work hard for you, whether you cuit Court of Appeals Judge Rogeriee Thompson. are a solo practitioner, in a small or large firm, After dating her since she was 15 years old, or in-house. I finally married my wife Christine on June 5, That said, I would like to make one request. 1976. I graduated from law school the next day. In order to get better, your Bar Association One week later, I started as a trial attorney for needs you as an active participant in whatever the Tennessee Valley Authority (TVA) , a federal way works best for you. Working on one of our agency in Knoxville, Tennessee. I worked at 26 committees and volunteering to take a pro TVA for five years on a staff of 75 lawyers. I bono case is a great way to start. Together, let’s handled cases in US District Courts throughout make this a year to remember! O
Rhode Island Bar Journal Jul y/August 2012 3 RHODE ISLAND BAR JOURNAL Editorial Statement LETTER TO THE EDITOR The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island attorneys, judges and others interested in Rhode Island Response to Commentary: law. The Bar Journal is a paid, subscription magazine published bi-monthly, six times annually and sent to, St. Thomas More and the Cranston West among others, all practicing attorneys and sitting judges, in Rhode Island. This constitutes an audience of over Prayer Banner Case 6,000 individuals. Covering issues of relevance and pro - viding updates on events, programs and meetings, the Rhode Island Bar Journal is a magazine that is read on arrival and, most often, kept for future reference. The Bar Journal publishes scholarly discourses, commen - Dear Editor, 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 Your May/June 2012 issue included a commentary (pages 27-30), St. Thomas to publish a topical, thought-provoking magazine that addresses issues of interest to significant segments of More and the Cranston West Prayer Banner Case , by John T. Mulcahy, Esq., the Bar. We aim to publish a magazine that is read, about St. Thomas More and Judge Lagueux’s recent decision in Ahlquist v. City quoted and retained. The Bar Journal encourages the free expression of ideas by Rhode Island Bar members. of Cranston . Because the Rhode Island Bar Association embraces the entire The Bar Journal assumes no responsibility for opinions, Rhode Island Bar, and because St. Thomas More is the patron saint of all statements and facts in signed articles, except to the lawyers, I do not feel the commentary should be the last word on the matter. extent that, by publication, the subject matter merits attention. The opinions expressed in editorials represent I have read Mr. Mulcahy’s essay several times, and I do not think I do it any the views of at least two-thirds of the Editorial Board, substantial injustice by summing it up so: St. Thomas More was a great champi - and they are not the official view of the Rhode Island Bar Association. Letters to the Editors are welcome. on of the individual conscience, and, because, it would seem, Ms. Ahlquist was Article Selection Criteria following her own conscience in bringing her suit against Cranston West, St. • The Rhode Island Bar Journal gives primary prefer - Thomas More would approve of the suit and the decision. ence to original articles, written expressly for first publication in the Bar Journal , by members of the I will not take issue with certain questions that Mr. Mulcahy’s proposition, Rhode Island Bar Association. The Bar Journal does stated so, raised for me. In other words, I will not address the wisdom of com - not accept unsolicited articles from individuals who are not members of the Rhode Island Bar Association. paring the mind of an early modern to that of a post-modern. Nor will I take Articles previously appearing in other publications up the matter of whether the conscience of a person who did believe in God can are not accepted. properly be reckoned of the same substance as the conscience of a person who • All submitted articles are subject to the Journal’s editors’ approval, and they reserve the right to edit does not. And, I will leave aside, for the most part, the fact that Thomas More or reject any articles and article titles submitted for grew to manhood in a culture whose social and political rituals were informed, publication. • Selection for publication is based on the article’s in the main, by Catholic doctrine, and that the notion of prayer in the public relevance to our readers, determined by content and sphere was likely so prevalent as to have been unremarkable. I do not pretend timeliness. Articles appealing to the widest range of interests are particularly appreciated. However, com - to have either the wit or the reading to address these matters properly. mentaries dealing with more specific areas of law are My only purpose is to set right what I see as the essay’s main defect. Thomas given equally serious consideration. • Preferred format includes: a clearly presented state - More did follow his conscience, and his conscience bade him stay silent and not ment of purpose and/or thesis in the introduction; unfold his mind to the authorities that would have him swear. And so, in prison supporting evidence or arguments in the body; and and faced with the prospect of tortures that we – post-moderns that we are – a summary conclusion. • Citations conform to the Uniform System of Citation can scarcely imagine, but which St. Thomas himself likely witnessed regularly • Maximum article size is approximately 3,500 words. from the windows of his childhood home in Milk Street, silent he remained. To However, shorter articles are preferred. • While authors may be asked to edit articles them - be sure, it was only after he was sentenced to death in one of the most shameful selves, the editors reserve the right to edit pieces for travesties in the history of our profession that he at last laid his mind open for legal size, presentation and grammar. • Articles are accepted for review on a rolling basis. the world to judge whether he was a fool or a saint. I do not think I am over - Meeting the criteria noted above does not guarantee stating things to say that More kept silent on the matter of his conscience even publication. Articles are selected and published at the discretion of the editors. to the point of death. And so, insofar as St. Thomas More is the patron saint • Submissions are preferred in a Microsoft Word for - of lawyers, and insofar as we all rely – whether we believe it or not – upon his mat emailed as an attachment or on disc. Hard copy intercession on our behalf for every good thing we do, we work an injustice by is acceptable, but not recommended. • Authors are asked to include an identification of their attributing to him any thought that was not assuredly his own. By doing such a current legal position and a photograph, (headshot) thing, we fail both to understand clearly the significance of his martyrdom and preferably in a jpg file of, at least, 350 d.p.i., with their article submission. to honor adequately the scope of his patronage. Direct inquiries and send articles and author’s photographs for publication consideration to: Very truly yours, Rhode Island Bar Journal Editor Frederick D. Massie email: fmassie @ribar.com telephone: 40 1-421-5740 Brian Clifford, Esq. 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 Jul y/August 2012 Rhode Island Bar Journal New Rhode Island Bar Association President and 2012-2013 Executive Officers
New Rhode Island Bar Association President Past Rhode Island Bar Association President William J. Delaney [l] passed the Bar’s gavel and to new President Michael R. McElroy [r] who pledges to uphold and further the Bar Association’s core mission and goals.
Rhode Island Bar Association 2012-2013 Executive Officers The Rhode Island Bar Association Executive Officers were enthusiasti - cally and unanimously endorsed at the 2012 Annual Meeting [l to r] Melissa E. Darigan, Esq., Secretary, partner, Partridge Snow & Hahn LLP ; Bruce W. McIntyre, Esq., Treasurer, legal counsel, Rhode Island Department of Health; Michael R. McElroy, Esq., President, partner, Schacht & McElroy; and J. Robert Weisberger, Jr., Esq., President-Elect, counsel, Edwards Wildman Palmer, LLP.
Rhode Island Bar Journal Jul y/August 2012 5 10 Weybosset Street, Suite 205 • Providence, RI 02903 Tel: (401) 455-3500 Fax: (401) 455-0648
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6 Jul y/August 2012 Rhode Island Bar Journal Rhode Island Bar Association 2012-2013 Officer s’ Profiles
Michael R. McElroy, Esq. J. Robert Weisberger, Jr., Esq. Bruce W. McIntyre, Esq. Melissa E. Darigan, Esq. President President-Elect Treasurer Secretary
Michael R. McElroy, Esq. is President of the and House of Delegates. He has chaired the Rhode Island Bar Association. He is a resident Bar’s Government Relations Committee and of Providence and Narragansett and is a part - the Annual Meeting Planning Committee. He ner in the Providence law firm of Schacht & has also served on several of the Bar’s standing McElroy. A graduate of the University of Rhode committees. Bob is a Rhode Island Bar Foun- Island, where he was Captain of the crew team dation Fellow and a member of the American and the first student Ombudsman at URI , he Bar Association. For many years, he served as a earned his law degree from Boston University member of the Board of Directors and Executive School of Law and his Masters Degree in Committee of McAuley House. He serves his Taxation from Bryant University. He is a former town of Smithfield as its Town Moderator. He three-term Chairman of the Superior Court and his wife Gail have two children. Bench/Bar Committee. He is a member of the House of Delegates and the Executive Commit- Bruce W. McIntyre, Esq. is Treasurer of the tee of the Bar Association. He is a Fellow of the Rhode Island Bar Association. He has been Rhode Island Bar Foundation. He is admitted legal counsel to the Rhode Island Department to practice in Rhode Island, Massachusetts, of Health, Board of Medical Licensure and and Tennessee, as well as various United States Discipline since 1991. His legal expertise is in District Courts, Courts of Appeal, and the the areas of medical regulation of physicians, United States Supreme Court. He is a member physician assistants, chiropractic physicians, of the Rhode Island Association for Justice. and acupuncture and oriental medicine. He is He is a former trial attorney with the Tennessee an immediate past Director at the Federation Valley Authority and a former Special Assistant of State Medical Boards of the US , Inc., Dallas, Attorney General. He is currently Legal Counsel Texas. Bruce also advises the Rhode Island to the Rhode Island Personnel Appeal Board. Director of Health on legal and legislative He and his wife Christine have three children issues. He has served as an administrative and two grandchildren. hearing officer for the Boards of Pharmacy, Nursing, Dentistry and Certificate of Need. J. Robert Weisberger, Jr., Esq. is President- Elect of the Rhode Island Bar Association. Melissa E. Darigan, Esq. is Secretary of the He is counsel with Edwards Wildman Palmer, Rhode Island Bar Association. She is a partner LLP serving in the firm’s litigation management in the Providence law firm of Partridge Snow department representing CVS as national litiga - & Hahn LLP and chair of the firm’s Litigation tion counsel. Bob is a member of the Rhode Practice Group, specializing in complex com - Island Bar Association’s Executive Committee mercial, business and regulatory litigation. She
Rhode Island Bar Journal Jul y/August 2012 7 is a mentor in the firm’s mentoring pro - gram and co-founded and assists the administration of the firm’s Women AdVocates for Enterprise (WAVE) initia - tive helping women in business advance professionally. She is a graduate of George Washington University, and she earned her law degree from Catholic University of America. She is co-chair of the Bar’s Superior Court Bench/Bar Committee, a member of the House of Delegates, served as Chair of the 2012 Annual Meeting Committee, and, since 2007, has served as a member of the Executive Committee. She was also a member of the Bar’s Strategic Planning Committee which developed a five-year plan to guide the Association. She is a Rhode Island Bar Foundation Fellow and a New England Bar Association Board member. She is admitted to practice in the: U.S. District Courts of Rhode Island and Massachusetts; the U.S. District Court of Appeals, 1st Circuit; and the U.S. Supreme Court. O
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8 Jul y/August 2012 Rhode Island Bar Journal Remembering Attorney and Friend John Bomster John A. Tarantino, Esq. Adler Pollock & Sheehan P.C.
There are days in your life you never for - with John for the next 17 years after he get. Something happens that leaves a per - retired from AP&S and moved to New manent mark. Sometimes good, sometimes Hampshire where he served as Of Counsel bad. On October 7, 1979, I met John to our firm. Over those next 17 years, I Bomster, and I’ll never forget that day. worked with John on various matters and Nor will I ever forget him. That day made on a number of bar committees. But, most a permanent mark and a good one. significant to me, was whenever I had I was a twenty-four year old, second what seemed to be an insurmountable year law student interviewing for a job problem, I could turn to John for advice. at Adler Pollock & Sheehan. John was a John’s gift wasn’t that he provided the partner and chaired the litigation depart - answer or the solution to my problem. ment. As a young law student, I thought Rather, through his disciplined way of I knew a lot more than I actually did. I thinking and then his challenges and, was confident then, as now. (Actually, my sometimes, even his cross examinations mom still says, “I’m not always right, but (and, make no mistake, being cross exam - John F. Bomster, Esq. never in doubt”). So, I told John I wanted ined by John was like walking barefoot on to try cases. He asked me: “Well, then, broken glass), eventually, he would force where do you see yourself as a lawyer in me to think through the issues properly the next ten years?” I answered him with - and thoroughly. And, just about every you may also remember, when Atticus left out hesitation that I expected to be a great time, I’d realize that there was a solution the courtroom, supposedly in defeat, all trial lawyer in ten years. But, I didn’t stop to the problem. John did this for me many the African American men and women there. I invited him to come along for the times, and I know that he did it for many who had been seated in the balcony of the ride with me, emphasizing that I hoped he others in my firm, as well as elsewhere. court, stood together to honor him. When and I would try great cases together. I said When I learned of John’s passing, I felt Atticus’ daughter, Scout, asked why they all of this with conviction and, I hope, not what I can only describe as loss, excep - were doing this, she was told that you with arrogance, and I don’t believe John tional loss. I know many of us who knew stand when a great man is passing. took it as arrogant. Rather, I believe, he John felt that loss. I lost my mentor, my John Bomster was my Atticus Finch, took it the way I intended. Becoming a colleague and my dear friend. And, I will the epitome of professionalism and great trial lawyer was something I truly admit to you, I didn’t know quite how courage. And, I know, he was the Atticus wanted. I remember John telling me he to react to the news of his sudden death, Finch for many other lawyers as well. liked the fact that I had confidence in but, instinctively, I was compelled to stand So, John, my friend, take your rest. You myself, and he told me I would need con - silently in John’s honor. always fought the good fight. Be in peace fidence if, in fact, I would ever be a good Many of John’s colleagues and friends with God. But, John, I do have a small trial lawyer, let alone a great one. And yes, and even many of John’s legal adversaries favor to ask. If by chance, when my time he said, maybe, if I did join the firm, that spoke to me when they learned of his comes, if St. Peter should assign you the someday we would work together and try death, and each felt, in his or her own way, job of examining my qualifications to cases. a loss in John’s passing. All recognized a enter Heaven, please go easy on me with Well, I have the honor of saying that great lawyer and a great man had passed. your cross examination. O for the next 16 years, John and I did work As I had these discussions, I was together and we did try cases together and reminded of a scene from the movie To it was an amazing experience. He was a Kill a Mockingbird . A small town lawyer, wonderful mentor, a superb attorney (truly Atticus Finch, had defended a black man a lawyer’s lawyer) and, most important, he against a rape charge brought by a white was a great friend. John was a lawyer of woman in a rural southern town. Of exceptional competence and courage, and course, with an all male, white jury, a man of true faith. He was principled, Atticus lost the trial. In fact, he had lost ethical and honest. I continued to work the trial before it had even begun. But, as
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Semonoff Award for Professionalism The Ralph P. Semonoff Award for Professionalism honors a member the Rhode Island Bar who has demonstrated the highest degree of professionalism with distinction in their career. The award is named for Ralph P. Semonoff who left a legacy of the law as a high calling, of justice as a defendable right, and of public service as the beacon of a life’s work. Peter V. Lacouture, Esq. , partner in Trustee of the Rhode Island Chapter of the Nature Conservancy, the Providence law firm of Robinson additionally representing the Conservancy, pro bono , on a num - & Cole LLP, received the Rhode ber of important cases. He is President and Deputy Chief of the Island Bar Association’s 2012 Ralph P. Exeter Volunteer Fire Company No. 2, Exeter Fire District Semonoff Award for Professionalism. Chair, and serves as Exeter Town Moderator. A graduate of Yale University and the University of Virginia School of Law According to Attorney Robert W. Edwards, Jr., Serving as an where he served as President of the ethics partner, Peter often has to make tough decisions, and he Virginia Legal Research Group. He handles all matters with honesty, discretion and sensitivity. Peter previously practiced with Tillinghast takes his responsibilities as an attorney seriously, undertaking Collins & Graham and Peabody & many pro bono efforts important in the protection of individual Brown. He is Rhode Island Bar rights. Peter’s efforts as volunteer counsel to the Ethics Association’s Technology in the Practice Committee Chair, a Committee of the 1986 Rhode Island Constituional Committee Rhode Island Bar Foundation Fellow and member of its Board and as a member and vice chair of the Exeter Home Rule of Directors, and a Fellow of the American Bar Foundation. Charter helped make the legal system and government more He is a contributor to many Rhode Island Bar Continuing responsive to citizen needs. He is a man whose moral standards Legal Education seminars, and he is active in the American Bar and personal and professional ethics are beyond reproach. While Association’s Section of Public Utility, Communications and representing his clients zealously, he does so with strong profes - Transportation Law, serving as its Annual Report Editor, and a sional integrity, at all times serving the law first. 2012 Florence K. Murray Award The Florence K. Murray Award is presented to a person who, by example or otherwise, has influenced women to pursue legal careers, opened doors for women attorneys, or advanced opportunities for women within the legal profession. The award is named in honor of the first recipient, Hon. Florence K. Murray, who, in a distinguished 56 years at the bar, pioneered the causes of women in the law as the first woman attorney elected to the Rhode Island Senate, the first woman Justice on the Superior Court, the first woman Presiding Justice of the Superior Court, and the first woman on the Rhode Island Supreme Court. Karen G. DelPonte, Esq. , a partner in Library Fund, and a former member of the Rhode Island Com- the law firm of Cameron & Mittleman munity Food Bank, the Rhode Island Historical Society, and LLP, was honored with the Rhode Sojourner House. In addition to many professional recognitions Island Bar Association 2012 Florence and awards, she is a recipient of the Rhode Island Bar Association’s K. Murray Award. A Phi Beta Kappa Dorothy Lohmann Community Service Award and of the Rhode graduate of Wellesley College, she Island Foundation’s Howard E. Soloveitzik Professional Leader- taught at the Lincoln School in ship Award. Providence before earning her law According to Attorney Sally P. McDonald, Karen has taken me degree, Magna Cum Laude, from under her wing professionally and socially. I admire Karen’s charm , Boston College Law School where she decorum and professionalism. She is exceptionally supportive of was a member of the Boston College me personally and in my career, on many occasions providing International and Comparative Law valuable insights on the practice of law and life. Karen has been Review. She began her legal career at Edwards & Angell practicing instrumental in my growth as a female lawyer and a person. in trusts and estates, banking and finance, and corpo rate and business law. She was elected the first woman President of the According to Attorney Lauren M. Regan, As a young, female Hope Club in its 135 year history and serves on the Board of lawyer, I have naturally gravitated to Karen and truly look up Directors. Karen currently serves as a member of the St. Joseph to her as a role model. Karen is someone I call on for advice Health Services Board of Trustees, the Providence College and guidance, who I trust as a confidante for professional and President’s Council, Providence College Board of Trustees personal matters. Karen leads by example, and she is always Academic Affairs Committee, and Trustee of the June Rockwell accessible. Through her professional accomplishments, she has Levy Foundation. She is Past President of the Cumberland broken down barriers previously closed to women. Rhode Island Bar Journal Jul y/August 2012 11 2012 ANNUAL MEETING 2012 Victoria M. Almeida Servant Leader Award Named for its first recipient, Victoria M. Almeida, this award is presented to an individual who demonstrates the principles and values of Servant Leadership and who is a beacon of light and hope to others by illuminating the path to Greater Justice for All. Servant Leadership seeks to encourage others in achieving the goals of the Rhode Island Bar Association while remaining faithful to the mission and values of the organization and preserving its integrity. Michael P. Jolin, Esq. , U.S. Veteran’s According to Attorney John A. Tarantino, Mike was instrumen - Affairs and Special Projects Coordi- tal in assisting former Bar President Victoria M. Almeida in for - nator in the Office of U.S. Senator mulating and implementing the Rhode Island Bar Association’s Sheldon Whitehouse, received the U.S. Armed Forces Legal Services Project. At the time of this Rhode Island Bar Association’s 2012 initiative, Mike was preparing for deployment in Afghanistan. Victoria M. Almeida Servant Leader Although he had many issues to deal with, he selflessly dedicated Award. A graduate of the University many hours of his talents to the creation of the Project. And, of Massachusetts at Amherst and the while serving in Afghanistan, Mike remained in contact with Loyola University Chicago School of his Rhode Island collegaues, ensuring the Project adequately Law, he previously served as Judge addressed the unmet legal needs of service men and women. Advocate/Trial Counsel at Bagram Mike also implemented the Rhode Island National Guard’s Airfield, Afghanistan, Attorney- first, full-time legal assistance program, delivering high-quality Advisor/Judge Advocate in the Rhode Island National Guard, legal services to hundreds of veterans, soldiers and families in Deputy Chief of Legal Services for the Rhode Island Department a wide range of legal cases. Mike is, without a doubt, a true of Business Regulation, Special Assistant Attorney General for servant leader, a beacon of light and hope, whose passion and the Rhode Island Department of the Attorney General, and as actions illuminate what is, at times, a dark and difficult legal an Associate Attorney at Tillinghast Licht LLP . He is a member path, assuring greater justice for all. of the Rhode Island Bar Association’s House of Delegates and served on the Boards of CityArts for Youth and CVS Highlander Charter School. He was awarded the following service medals: Bronze Star; Meritorious Service; Army Commendation; Army Achievement; Afghanistan Campaign; and the NATO Medal. 2012 Award of Merit The Award of Merit is awarded in recognition of many years of faithful and diligent service to the Rhode Island Bar Association and the legal profession. Susan M. Thurston, Esq. , U.S. Bank- Legal Education and public service programming in the areas of ruptcy Court, District of Rhode Island Bankruptcy and Collections Law. She helps produce and deliver Clerk of Court, a graduate and Dean’s CLE seminars and helped recruit many attorneys for the Bar’s List Scholar of the University of Volunteer Lawyer Program, leading to the placement of over Pennsylvania, who received her law 80 pro bono cases. Susan was the driving force behind the degree from Suffolk University School corporate donation of bankruptcy software made available to of Law was honored with the 2012 members of the Rhode Island Bar Association’s pro bono pro - Award of Merit. Serving as the Court’s grams upon request. Her work is exceptional, benefiting the chief operating officer, Susan is Bar Association and its members, as well as the citizens of responsible for the management and Rhode Island. supervision of the Court’s non-judicial functions and 20 member staff. She previously served as Law Clerk to the Chief Bankruptcy Judge and as an attorney in the law firm of Winograd, Shine and Zacks, P.C. Susan is recognized for contributing her time, expertise and energy assisting the Bar Association’s Continuing 12 Jul y/August 2012 Rhode Island Bar Journal 2012 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. John M. Boehnert, Esq. , practicing Journal Lauren E. Jones Writing Award recipient, and strongly from the Law Offices of John M. encourage all Rhode Island Bar Association members to read Boehnert in Providence, received the the Article Selection Criteria included in every issue of the 2012 Rhode Island Bar Journal Rhode Island Bar Journal . Based on those guidelines, please Lauren E. Jones, Esq. Writing Award submit articles for consideration to: Rhode Island Bar Journal for his article, Rhode Island’s Coastal Editor Frederick D. Massie via email: fmassie @ribar.com. For Resources Management Program and information, telephone 401-421-5740. the Coastal Zone Management Act’s As a reminder, Attorney Boehnert’s article, and the full con - Federal Consistency Program, pub - tents of Bar Journals from the July/August 2009 issue forward, lished in Rhode Island Bar Journal : are available and may be viewed online and downloaded, by Volume 60, Number 2, September/ clicking on the Bar Journal icon on the Bar’s website Home October, 2011. page. His and other past Bar Journal articles, may also be The Editors and Editorial Board of the Rhode Island Bar accessed through Casemaker, the free-to-Bar-members, 24/7 Journal congratulate John Boehnert, the 2012 Rhode Island Bar online law library on the Bar’s web site. 50 Years of Service – 2012 Honorary Members Rhode Island Bar Association 2012 50 Year Honorary Members Bernard V. Buonanno Jr., Esq. Sidney Clifford Jr., Esq. Gerald A. Coli, Esq. Andrew H. Davis Jr., Esq. Joseph R. DiStefano, Esq. James P. Flynn, Esq. Frederick C. Kilguss Jr., Esq. David M. Merchant, Esq. Hon. John E. Orton, III A. David Tammelleo, Esq. Irving J. Waldman, Esq. At the 2012 Annual Awards Luncheon, the Rhode Island Bar Association recognized and honored the distinguished Rhode Island attorneys who achieved a noteworthy 50 years of service. While not all the Honorary Members were able to attend the Luncheon, those who did ably represented this august group. Rhode Island Bar Journal Jul y/August 2012 13 2012 ANNUAL MEETING 2012 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. Length of service through the program and total number of cases taken since joining is also considered. Volunteer Lawyer Program Elderly Program Pro Bono Pro Bono Publico Award Publico Award Neville J. Bedford, Esq. graduated Richard E. Kyte, Jr., Esq . graduated from Roger Williams University and from American University, College of Roger Williams University School Public Affairs and received his law of Law and admitted to practice in degree from Catholic University of 2003. He joined and accepted pro America. He is a sole, general practi - bono cases through the Volunteer tioner in Mapleville and has provided Lawyer Program that year. Neville legal counsel to municipalities, busi - has accepted many contested family nesses and individuals for over twenty law cases while championing the years. Attorney Richard Kyte has rights of our homeless citizens. In served as an Associate Judge of the 2010, he received the Rhode Island Coalition for the Homeless – Burrillville Municipal Court since 1999 and formerly served as Homeless Advocacy Award. In the past 18 months, he accepted the Town Solicitor for the town of Burrillville and the School seven VLP domestic matters resulting in his contribution of 142 District Attorney. He is also an approved arbitrator of the pro bono hours including three custody matters, one of which Superior Court, Providence County, Court-Annexed Arbitration involved international complications. A sole practitioner in Program. Richard has been an active volunteer attorney mem - Providence, Neville is involved in many professional and com - ber of the Pro Bono Program for the Elderly since 1993. He has munity service organizations including membership in the provided crucial preparation and representation in guardianship American Bar Association, Rhode Island Bar Association House matters for the frail elderly in need of guardians for health care of Delegates, the Bar’s Family and Criminal Court Bench Bar decision-making. He has also handled other probate and family Committees, US Armed Forces Legal Services Project, and law issues for elderly clients. In just one year, he willingly Lawyer Referral Service. Within community organizations he accepted 11 cases and contributed 83 hours. When the Elderly volunteers in many capacities including serving as the President/ Pro Bono Program receives urgent requests from the Volunteer Board of Directors of the RI Furniture Bank and Sojourner Guardian Program for legal assistance through the Probate Court House. He also actively volunteers on many levels for the process, Richard is there with his dedicated support making a Rhode Island Coalition for the Homeless. difference for a senior in desperate need. Richard is a member of the RI Bar Association’s Volunteer Lawyer Program and a recipient of the Rhode Island Housing & Finance Corporation’s, “Partners in Housing Award.” CONTINUING SERVICE AWARD Established in 1991, this award recognizes those distinguished attorneys who are past Pro Bono Publico Award recipients who have made a steadfast commitment to the administration of justice to the poor through a Rhode Island Bar Association pro bono program. Those honored for this award have continued for five or more years to provide critically needed pro bono legal assistance to those less fortunate and have contributed hundreds of pro bono hours. Carolyn R. Barone, Esq. graduated from Bryant University and assistance to the poor. Her dedication New England Law School. A partner in the Warwick law firm, to the Volunteer Lawyer Program was Kirshenbaum Law Associates, since 1987 her practice is con- again recognized in 1993, when she centrated in all areas of family law. The Bar Association has received the Continuing Service administered the Volunteer Lawyer Program for 26 years, and Award. Only three other attorneys Attorney Barone has been a member from the start, receiving have received this award twice for their countless hours of pro the Pro Bono Publico Award in 1988 for her exceptional legal bono assistance coupled with their compassion, professionalism 14 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING Satellite Elder Law Office Available and dedication to public service. Carolyn’s lengthy resume of volunteerism through Established Elder Law practice is seeking RI-licensed the Bar Association does not end with attorneys or firms with a heart for seniors. her accepting countless cases and donat - ing hundreds of hours to provide repre - Elder Law Attorney will train the right individual in this sentation to those in need. She has served specialized area of practice over a period of three years on the Bar’s Executive Committee and with the goal of selling the practice upon retirement. chaired the Annual Meetings Committee, as well as the former Law Office Manage- ment Committee. Currently, she is a mem - Conveniently located off Route 146 at the Route 123 exit (CCRI) ber of the House of Delegates and the Public Service Involvement Committee. Easy parking & first floor entry. She is a prominent Continuing Legal Education speaker, lecturing on the topic Please send resume or call for an appointment. of domestic law for both the Bar Associa- tion and the National Business Institute. Carolyn is also a contributing author to 12 Breakneck Hill Rd. Lincoln, RI 02865 A Practical Guide to Divorce , published by MCLE , Inc., in 2009 on the topic 401-722-6336 Business Valuations. This past winter, Professional business appraisal available upon request she developed the three-part CLE semi - nar series, The Fundamentals of an Uncontested Divorce . Sponsored by the Public Service s Involvement Committee, Carolyn designed the program to instruct new lawyers interested in the basic essen - tial components of a divorce, as well as recruiting them as Volunteer Lawyer Program members. In addition to her Rhode Island Bar Association volunteer activities, Carolyn is a long-standing member of the Edward P. Gallogly Family Court Inn of Court and presently serving her second term as its President. Attorney Barone is also a member of the Rhode Island Association for Justice and contin - You can depend on our financial strength ues to mentor many attorneys beginning to be there when you need it. their practices in the Family Court. Please consider offering your talent and expertise to Pro Bono Service with Contact us or visit stewart.com/rhodeisland for more information on why Stewart is the right underwriter for you. the Bar’s Volunteer Lawyer Program. Contact Public Services Director Susan Stewart Title Guaranty Company 15 Messenger Drive Fontaine at (401) 421-5 740 x101 or Warwick, RI 02888 [email protected]. (800) 273-2229 stewart.com/rhodeisland © 2012 Stewart. Rhode Island Bar Journal Jul y/August 2012 15 2012 LAW DAY Rhode Island Law Day Focused on Balancing Individual Rights 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 over 40 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 sto - ries, as well as recommended questions for student consideration, were developed and produced by the Rhode Island Bar Association, and reviewed and approved by the Rhode Island Law Day Committee. Rhode Island Supreme Court Chief Justice Paul A. Suttell and Rhode Island Bar Association President Drawing on our legal system’s challenge William J. Delaney led a lively discussion concerning the freedom to peaceably assemble, in teacher of balancing individual rights under the Cheryl Comley’s classroom at the Wilbur & McMahon Middle School in Little Compton. law, teachers chose lessons, supported by both local and national cases, focusing on the following freedoms: speech, peaceable assembly, religion and the press. These, in turn, stimulated active student participa - tion in discussions helping them under - stand how laws directly affect them and the roles lawyers and judges play in administering justice. Thompson Middle School students engaged in courtroom role-playing with Judge Taft-Carter presiding. Rhode Island Bar Association President-Elect J. Robert Weisberger, Jr., Esq. and Rhode Island Workers’ Compensation Court Judge Robert M. Ferrieri utilized a Powerpoint presentation in their lessons on freedom of speech to two separate classes of students at St. Rocco School in Johnston. 16 Jul y/August 2012 Rhode Island Bar Journal 2012 LAW DAY Rhode Island Law Day 2012 Volunteer Acknowledgement Rhode Island Bar Association Volunteers Denise C. Aiken, Esq. Mary Welch McBurney, Esq. Neville J. Bedford, Esq. Michael R. McElroy, Esq. Thomas R. Bender, Esq. Eric H. Miller, Esq. William L. Bernstein, Esq. Stephen M. Miller, Esq. Renee M. Bevilacqua, Esq. Robert D. Oster, Esq. Jeffrey M. Biolchini, Esq. Kimberly Ann Page, Esq. Nelson F. Brinckerhoff, Esq. Matthew H. Parker, Esq. Patrick S. Bristol, Esq. Thomas M. Petronio, Esq. Robert E. Craven, Esq. Kimberly A. Petta, Esq. David M. D’Agostino, Esq. Alexander J. Raheb, Esq. Karen L. Davidson, Esq. Richard D. Raspallo, Esq. William J. Delaney, Esq. Richard J. Ratcliffe, Esq. Attorneys Petta and Humphrey, and Judge Taft-Carter answered Vincent A. DiMonte, Esq. Steven M. Richard, Esq. a courtroom full of Thompson School students’ questions. Kathleen G. DiMuro, Esq. Dean G. Robinson, Esq. Lisa Dinerman, Esq. Richard A. Sinapi, Esq. Christopher S. Gontarz, Esq. Michael A. St. Pierre, Esq. Lisa S. Holley, Esq. Robert J. Weisberger, Jr., Esq. Robert H. Humphrey, Esq. George J. West, Esq. Richard E. Kyte, Jr., Esq. Bruce A. Wolpert, Esq. Stephen G. Linder, Esq. Lauren S. Zurier, Esq. Rhode Island Judiciary Volunteers Hon. Karen Lynch Bernard Hon. John E. McCann, III Hon. Patrick T. Burke Hon. Susan E. McGuirl Hon. William E. Carnes, Jr. Hon. Armando O. Monaco, II Hon. Frank J. Cenerini Hon. Joseph A. Montalbano Hon. Albert R. Ciullo Hon. Francis J. Murray, Jr. Hon. Edward C. Clifton Hon. Edward H. Newman Hon. William C. Clifton Hon. Stephen P. Nugent Hon. Dianne M. Connor Hon. Rafael A. Ovalles Hon. David R. Cruise Hon. Angela M. Paulhus Hon. Laureen Q. D’Ambra Hon. Pamela Woodcock Pfeiffer Hon. George N. DiMuro Hon. Madeline Quirk Hon. Robert M. Ferrieri Hon. Hugo L. Ricci, Jr. Thompson School students got a feel for what happens when justice is Hon. Michael B. Forte Hon. William P. Robinson, III served in the courthouse cellblock. Hon. Stephen J. Fortunato, Jr. Hon. Kristen E. Rodgers Hon. Bennett R. Gallo Hon. George T. Salem, Jr. Hon. Alan R. Goulart Hon. Michael A. Silverstein Hon. Robert E. Hardman Hon. Brian P. Stern Hon. Stephen M. Isherwood Hon. Walter R. Stone Hon. Jeffrey A. Lanphear Hon. Paul A. Suttell Hon. William J. McAtee Hon. Sarah Taft-Carter Hon. John F. McBurney, III Hon. Brian Van Couyghen Hon. Mary E. McCaffrey Hon. Kathleen A. Voccola Attorneys Kimberly A. Petta, Robert H. Humphrey and Rhode Island Superior Court Associate Justice Sarah Taft-Carter conducted a unique series of lessons in the Newport County Courthouse with teacher Michael Browner, Jr.’s students from Thompson Middle School in Newport. Including the participation of court staff and representatives from the Rhode Island State and Newport Police Departments, the students received an up close and personal view of the justice system. Rhode Island Bar Journal Jul y/August 2012 17 2012 LAW DAY Ponaganset High School Student Wins 2012 Hon. Francis J. Darigan, Jr. 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 Association sponsored the 2012 Rhode Island Law Day Essay Contest. This year, honoring his many years of volunteer service on the Rhode Island Law Day Committee, where he initiated the contest, the award name was changed to Hon. Francis J. Darigan, Jr. Rhode Island Law Day Essay Contest . Open to all Rhode Island 10th and 11th grade students, the 2012 Rhode Retired Rhode Island Superior Court Associate Justice Francis J. Darigan, Jr., for whom the Hon. Island Law Day Essay Contest topics, Francis J. Darigan, Jr. Rhode Island Law Day Essay Contest was renamed, presented Ponaganset unique to Rhode Island, were based on High Scholl student Dean A. Elwell with his and his school’s contest awards. Joining Justice Darigan Balancing Individual Rights Under the and Dean Elwell were Rhode Island Supreme Court Associate Justice and Rhode Island Law Day La w. Students chose essay topics focusing Committee Chairman Gilbert V. Indeglia and Middletown Police Chief Anthony M. Pesare who repre - on one of the following freedoms: sented the Rhode Island Police Chief’s Association. speech; peaceable assembly; religion; or the press. Dean A. Elwell, a student at Ponaganset High School in Glocester, ial oc ty was the winning author for his essay, S uri ec ity Pursuit of Happiness and Freedom of S bil sa I Speech: Conflict? Dean received a $1,000 Di SD I/S Scholastic Award made possible through SS the generosity of the Rhode Island Police Green & Chief’s Association and the Rhode Island Bar Association. Dean also received an engraved trophy cup, and Ponaganset Greenberg High School received the newly-renamed, Counselors at Law Hon. Francis J. Darigan, Jr. Rhode Island Law Day Essay Contest , trophy cup Offices located in Providence, for a one-year display, and a permanent Pascoag, Central Falls, Woonsocket, Taunton, plaque commemorating Dean’s New Bedford, Fall River, Brockton and Middletown achievement. Referrals Accepted. New client appointments at your office or ours. 116 Orange St., Providence, RI telephone 401.331.8989 fax 401.331.6644 www.ggsslaw.com 18 Jul y/August 2012 Rhode Island Bar Journal 20 12 ASK A LAWYER Bar President William Delaney and NBC10 News Anchor Frank Colletta Discussed Bar Volunteer Education and Pro Bono Work Rhode Island Bar Association President William J. Delaney and NBC10 news anchor Frank Colletta discussed the vol - unteer efforts of the state’s lawyers and judges who delivered the 2012 Rhode Island Law Day lessons to thousands of students statewide on May 4th, the free legal advice offered to NBC10 viewers though the Bar’s Ask A Lawyer television studio volunteer lawyer panels, and the many other excellent public service pro - grams offered through the Bar’s Volunteer Lawyer Program and other pro bono , reduced fee, and Lawyer Referral Service programs. Volunteer Bar Lawyers Offer Free Information and Advice on Rhode Island Bar/NBC10 Ask a Lawyer Partnership Programs NBC Channel 10 aired two, volunteer lawyer panels, staffed by members of the Rhode Island Bar Association Lawyer Referral Service (LRS) and Volunteer Lawyer Program (VLP) , on the station’s news broadcasts from 5:00 p.m. to 7:30 p.m. on Wednesday, May 9th and Wednesday, May 23rd. The Rhode Island Bar Association attorneys answered view - er telephone questions related to, respec - tively, Elder Law and Family Law. Rhode Island Bar/NBC10 Ask a Lawyer Volunteers Answer the Call Above: Elder Law Panelists l-r: Sonja L. Deyoe, Esq., Jeremy W. Howe, Esq., Joseph J. Roszkowski, Esq., and David F. Reilly, Esq. Right: Family Law Panelists l-r: Carolyn R. Barone, Esq., MaryJo Carr, Esq., Steven A. Robinson, Esq., and Kristen A. Carron, Esq. Rhode Island Bar Journal Jul y/August 2012 19 2012 ANNUAL MEETING Rhode Island Foundation 2012 Annual Meeting The Rhode Island Bar Foundation held its Annual Meeting and Fellows Luncheon on June 14, 2012 at the Rhode Island Convention Michael A. St. Pierre, Esq. Center in Rhode Island Bar Providence. Foundation President Foundation President Michael A. St. Pierre and the Board of Directors welcomed and thanked the Foundation Fellows who, through their 2012-2013 Rhode Island Bar Foundation Officers professional, public and private careers, Allan M. Shine, Esq., Secretary; Deborah M. Tate, Esq., Vice-President; James A. Jackson, Esq., have demonstrated outstanding dedica - Treasurer, and Michael A. St. Pierre, Esq., President. tion to the welfare of the community and objectives of the Foundation. During the Luncheon, the newest Foundation Fellows, as well as representatives from The Bar Foundation Welcomed 15 New Fellows at the Annual Meeting organizations receiving 2012 Interest on Lawyers Trust Account (IOLTA) grants, The Bar Foundation receives support Amy G. Beretta Theodore B. Orson were recognized. This year, $450,000 was by annual contributions though our Daniel C. Bryant Matthew H. Parker granted for the provision of Rhode Island Fellows program. Membership in the Peter J. Cerilli William A. Poore legal services and the administration of Foundation as a Fellow is a profes - William A. Filippo J. Richard Ratcliffe justice. Attorney participation in the sional honor. Fellows are selected Peter J. Furness Andrew S. Richardson IOLTA program accounts for the most from Rhode Island Bar Association Vincent A. Indeglia Hon. Kristin E. Rodgers significant source of grant revenue. The members whose professional, public Barry J. Kusinitz Daniel F. Sullivan Foundation also recognized and honored and private careers demonstrate their Kevin F. HcHugh the recipients of the 2012 Thomas F. outstanding dedication to the welfare Black, Jr. Memorial Scholarship. of the community and maintenance of the Rhode Island Bar Foundation’s objectives. Thomas F. Black, Jr., Memorial Scholarship Program A Special Thank You The Rhode Island Bar Foundation’s Thomas F. Black, Jr. Memorial Scholarship Fund to Scholarship Program was established in 1989 to support and foster high legal practice standards by assisting Contributors Rhode Island residents who show promise that they will become outstanding lawyers and who need financial assistance to study law. The Scholarship is in honor of the late The Horace A. Kimball and S. Ella Thomas F. Black, Jr., a person known for his impressive ability as a lawyer and banker, Kimball Foundation his deeply rooted legal scholarship and his notable participation in civic and charitable causes. This year the Foundation granted two $20,000 scholarships to first year law The Champlin Foundations students. The Nicholas J. Caldarone Foundation 20 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING Edward Marth, Trustee of the Kimball Foundation; Thomas F. Black, III, Trustee of the Kimball 2012 Thomas F. Black, Jr. Memorial Scholarship Foundation; Lenore M. Montanaro, 2012 Scholarship recipient; R. Kelly Sheridan, Chairperson recipient Lenore Montanaro with her parents John of the Scholarship Committee. Christopher J. Menihan, 2012 Scholarship Recipient, was and Deborah Montanaro. unable to attend. Maria Piro Fusaro, Esq., 2004 Thomas F. Black, Jr. Memorial Scholar, addressed the audience and met with the 2012 Scholarship recipients and guests at the Rhode Island Bar Foundation Annual Meeting in June. Fellow and Chairman of the Champlain Foundation John Gorham with Fellows Justice Gilbert V. Indeglia and Joseph M. Hall, were among the attendees at the Foundation’s Annual Meeting. Foundation Felllows and members of the Rhode Island Judiciary enjoyed the Luncheon’s collegial atmosphere. Rhode Island Bar Journal Jul y/August 2012 21 StrategicPoint is an independent investment advisory rm serving the Rhode Island community for more than 20 years. Providence & We can help your clients manage their nances resulting from: East Greenwich t 4FUUMFNFOUT GSPN 1FSTPOBM *OKVSZ -BXTVJUT PS %JWPSDF 1-800-597-5974 t 1SPCBUF 3FTPMVUJPOT StrategicPoint.com t &TUBUF *OIFSJUBODF Managing Directors: t .FEJDBM .BMQSBDUJDF 4FUUMFNFOUT Richard J. Anzelone, JD Betsey A. Purinton, CFP® StrategicPoint Investment Advisors, LLC is a federally registered investment advisor and is a liated with StrategicPoint Securities, LLC, a federally registered broker-dealer and FINRA/SIPC member. 22 Jul y/August 2012 Rhode Island Bar Journal Rhode Island Bar Associat ion An nual 2011-2012 Report Re port of t he Executi ve Director on 2 011- 2012 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. It is my pleasure to submit my ment program, Practicing Law Ethically in the Age of Twitter, Annual Report for 2011-2012, a Facebook, “Metadata ,” and the “Cloud ,” with speaker Niki year of steady progress, new Kuckes, Esq., offers two ethics credits, and will review key endeavors and positive change recent developments to help attorneys use technology in their for the Association. The Associa- law practice while avoiding hidden traps under the ethics rules. tion’s membership, leadership Notice will be sent to all members, over the summer, for this and staff have worked consistently free, CLE program. toward meeting the goals embod - The Rhode Island Bar Journal is published six times annu - ied in our mission to represent ally with articles concerning relevant legal issues, opinion the Legal Profession of the State, pieces, member profiles, updates on members’ achievements, Serve the Public and the Pro- book reviews, Bar news events, programs and meetings, as well Helen D. McDonald fession and Promote Justice, as advertisements for products and services of interest to Bar Executive Director Professional Excellence and members. Complete Journal issues are also available for viewing Respect for the Law. We continue and as downloads on the Bar’s website. This year, the Journal to place the highest priority on included many thought-provoking and informative articles cov - educating our membership and the public about our positions, ering a wide range of practice-related topics, as well as book activities and services. The Association remains a fiscally sound reviews and member profiles through the new, Bar member- and strong organization, despite the challenging economic times authored and popular feature, Lunch with Legends . all of us face, both professionally and personally. Other benefit programs include the Law Firm Merchant We continue to have exceptionally strong standing and Account , credit card processing for attorneys, designed by special Committees, which now number 2 7, with new groups Affiniscape Merchant Solutions (AMS) . AMS examined the formed each year. All the work our members contribute requirements for handling client funds and developed a system through our Committees forms the backbone of the Rhode that resolves the ethical dilemma attorneys face when process - Island Bar Association. This Bar Journal contains summaries of ing credit cards, so Bar members can easily accept credit card our Committees’ activities, and I encourage you to read them. payments from clients. The online data backup program from MozyPro offers you Member Benefits the opportunity to secure all your important files now stored on personal computers including legal documents, financial The Rhode Island Bar Association continues to provide records, photos, and more. MozyPro is a safe way to automati - value and benefits to its members. Casemaker remains a highly- cally back up all the important files and documents stored on valued and often-used membership benefit. Casemaker was your computer. recently upgraded to include a whole host of great, new features The ABA Members Retirement Program is providing t r including one that allows you to save and personalize your o retirement plans including 4 01(k), profit sharing, and defined p searches, make notes on documents, and create and organize e benefit plans to many Rhode Island law firms and lawyers. R research materials on the site. Our website provides other great l Whether you operate a solo practice or a large firm, the ABA a u services. You can easily register for CLE seminars, sign up for n Program can provide an effective plan for your firm. n Bar committees, and utilize the calendars and the great member A Massachusetts Mutual Life Insurance Company (MassMutual) 2 directory providing instant information on every member 1 is a sponsored provider of Disability Income Insurance and 0 2 including postal addresses, telephone numbers, email addresses - Long Term Care Insurance for Bar members. Insurance services 1 1 and photographs (when provided). 0 and discounts are also available through the Robert J. 2 The AON Attorneys’ Advantage Program offers profes - n Gallagher Compan y. USI New England is the Rhode Island o i sional liability insurance coverage sponsored by the Bar t Bar Association’s relationship administrator with Blue Cross a i Association. Through Affinity Insurance Services, Inc., the pro - c Blue Shield and Delta Dental. USI New England can act as a o s gram provides broad coverage, competitive rates, outstanding s liaison between Blue Cross/Delta Dental and Bar members, as A local service, and risk management service. Aon offers one of r an alternative to direct Bar member contact with Blue a our most widely-utilized member benefits – the free, risk man - B Cross/Delta Dental. USI will also provide Rhode Island Bar d agement program. Last year’s Aon-sponsored, CLE program n members with enrollment, billing service, and insurance advice. a l s was another success story. What NASCAR , Jay-Z & the Jersey I Over fifteen hundred Bar Association members serve on e Shore Teach About Attorney Ethics had more than 1,400 mem - d Bar Committees . Unlike other bar associations which charge o bers registered and was offered on five different occasions in h section dues, our committee program is free. Service on a Bar R August and September of 2 011 . The next annual risk manage - Committee is one of the most important functions members 2 Re port of t he Executi ve Director on 2 011- 2012 may fulfill. Committees help bring members together in colle - Breathing When You’re In Over Your Head; and MCLE gial and educational forums and serve to improve and develop Educational Requirements. The program was filmed and added the ongoing relationship between the Bar and the Courts. It is a to the Bar’s online CLE catalog. Attorneys unable to attend the particularly excellent means for new lawyers to grow and in-person program are able to watch the online program to ful - advance professionally while benefiting from the experience and fill their requirement. Additional live programs are scheduled in wisdom of our more seasoned Bar members. September and December for those who pass the February and This year, President William J. Delaney continued the tra - July exams. dition of representing the Rhode Island Bar Association at the The Rhode Island Bar Association’s 2 01 2 Annual Meeting admission ceremonies for our newest members. Each new mem - offered a wide range of activities including: Forty-seven CLE ber was presented with a quill pen to remind our new colleagues programs; 32 sponsored exhibitors with law related product and of their obligation to use as much care in their pleadings and services; the Annual Dinner and Friday Luncheon featuring the writings as did those lawyers who preceded us and carefully and Annual Bar Wards winners; free health screenings; and the elegantly penned the Declaration of Independence. opportunity for Bar members to connect with their colleagues. There are a number of CLE publications listed on our web - Professional Development site. Your Rhode Island Bar Association membership entitles Rhode Island Bar Foundation you to a 15% discount* off the list price of any of the American The Association’s Continuing Legal Education (CLE) Bar Association’s more than 300 titles, whether or not you’re a department continued toPreexspildoernetwJaoyhsnto Apr.ovTiadreanqtuianloityaCndLE the Bmoeamrdberofof the ABTA h.eInRhaoddeitiIosnla,nwdeBharavFeoaunpdaartinoenrsahlispo waditmh inis - programming as affordaDbilreecatsorpsososfibtlheefRorhooduer ImsleamndbeBrsa.r WFoe undaMtioanssaccohn u-settstCerosnthineuiTnhgoLmeagsalFE.dBulcaactkio, nJro. nMaesmeroiersiaolfSRchodlae rship expanded our online CLtEinuoepstiotsnhsaarnddwboergkantosmimauxlicmaisztienIgnltievreest onIsLlaanwdyherasndbooFkusn. d established in 1989 to support and foster high CLE programs on a reguTlarrubstasAisccfoorumnte(mIObeLrTsAin) rinescpoomneseantodtahsesess legal needs legal practice standards by assisting Rhode Island res - new Supreme Court Rule allowing credit for this type of educa - in order to maximize foundation support fPorubRlhicodSe ervicide ents who show promise of becoming outstanding tional activity. IncludingIosluarndAenrns’ulaelgMaleseetrivnigc,ews. e presented 120 lawyers and who need financial assistance to study seminars over the course of thTehleasRthyoedaer.IIsnlaandddBitaiornF,othuenrdeawtioenre and the ROhondee of oularwm. oTshtenSocbhloelagrosahlispisisfiancihliotantoinrgofththeealvaatielaTbhiloitmy as F. close to 500 online regisItsrlaatniodnsBbary AthsesoecnidatioofnMjoayin. eWdeinexpaepctroposoafl lteogatlhse erviceBsl.aWcke, Jsru.,pappoerrtspornokbnoonwo nsfeorrvihciessimfoprrtehsesiveeldaebrilly ity as another 500 before the eSnudporfemJuely.COouurrtCLtoE pcrhoagnrgaem Risualiemeod f Proafnedssitohnoasle of amlaowdeysetr manedanbsa.nNkeer,arhlyis d2e,0e0p0lycraosoestedhalevgealbsecehn olar - at ensuring professionaCl oenxcdeulcletn1c.1e5 atnodmcaokme IpOetLeTnAcemfoanr doautor ry foprraolclensosend- throsuhgiphatnhde hBisarn’sotVaboleunptaeretriciLpaawtioynerinPcroivgircaamn,dPcrho arita - members. This year, theerxeewmapst aRghroedaeteIrslfaoncdusatotonrendeuycsaatniodntoin clarifByotnhoe lPanro-gramblfeorcatuhseesE. lTdehrrleye, ascnhdoltahreshUipnsitoedf $S1 t5a,t0e0s0Aeramched were the areas of technology agnudagseocthiaaltmperdoihai.bPitlsananttionrgnfeoyrstfhreomnexkt eepinFgoIrOceLsTLA egal SaewrvaircdeesdPrthoijsecstptrhinisgpfaosrt Ryehaord. eFiInsalanncdialsltyu-deelingtisblee nter - CLE year is underway. iAn breapnekast tohfathdeiscurcicmeisnsfautel caogmainmsetrcIOialLTA calciecnotusntws. ere rienpgrtehsenirtefidrstbyeavroolufnlatewerscahtotorl.neys in matters law update, with twoTnhaetiRonualel wspaesakaderosp, teisd sbcyhetdhueleCdoufrotr , andinwcleudhianvge bankruptcy, collections, consumer, education, family September. The free riskamddaendagoevmeren4t0p0rnoegwramaccwoiulln,tosnscinecaegMaina,rch 1l.aw, guardianships, and employment. Administered by the Bar be held in August & September, and Recent Developments is Association for 27 years, the Volunteer Lawyer Program con - scheduled for October. The schedule will include simulcasts of tinues to impact low income clients’ lives in a significant and several programs. Seminars chosen to date include: RESPA/ purposeful way through the dedicated efforts of its members. HUD ; the fundamentals of IP law; a joint program with the The Pro Bono Program for the Elderly, administered through t CPA Society; a program featuring Superior Court judges; and a the Bar’s Lawyer Referral Service, has been in operation for r o p follow-up to last fall’s program on Medicaid. Food For Thought over 35 years, and the volunteer attorney members focus on the e R topics include the use of social media to collect debts and an legal needs that impact our senior citizens the most. Legal assis - l a update on changes to the child support rules. The Committee is tance initiatives for seniors continue to be a priority and include u n planning additional Food for Thought programs for the coming a variety of community outreach legal clinics as well as free, Ask n A year. A Lawyer programs statewide. Direct representation is provid - 2 1 0 The Rhode Island Supreme Court recently revised the edu - ed to the elderly on a reduced fee and pro bono basis according 2 - 1 cational requirement for admission to the Rhode Island Bar, to income eligibility. In addition to the above statistics, close to 1 0 replacing the Practical Skills program requirement with a new, 9,000 referrals were requested and made to members of the pub - 2 n o one-day program, Bridge the Gap , administered by the Bar lic through the Lawyer Referral Service and the Reduced Fee i t a Association. The first Bridge the Gap program was held on Program. These public service programs offer free, half-hour i c o s April 27th and sold out. The seminar began with a welcome consultations. If further services are required, fees are arranged s from Chief Justice Paul Suttell and Bar President Bill Delaney, between the client and attorney. Hundreds of additional callers A r a followed by a full day of programming, including: an to the Public Service area are provided with helpful information B Introduction to the Rhode Island Bar Association; Effective in regard to other available community resources. d n a l Communication Skills; Real World Ethics – How To Do the The United States Armed Forces Legal Services Project s I Right Thing; Starting Your Own Practice; Important Things To serves our men and women in uniform, veterans and family e d Know About Social Media; Legal Writing in the Real World; members of both with their pressing legal needs. The Project is o h Making the Most of Limited Resources; How to Keep filling the need for attorneys to directly represent military R 3 Re port of t he Executi ve Director on 2 011- 2012 personnel in a variety of civil law areas including family law, licensed, caring professionals, as well as peer support if they so probate issues, landlord/tenant, real estate, contracts, consumer, choose. The Committee serves as a resource for Bar members. bankruptcy, collections, employment (USERRA) , immigration/ LHL Committee volunteers give generously of their time to naturalization, torts, income tax, and other areas. Approximately help their colleagues. Their primary role is not to serve as coun - 180 cases were handled over the last year, and staff attended selors, doctors or therapists, but rather to lend an ear, provide military resource events, such as Yellow Ribbon programs, pro - support, encouragement and referral to appropriate resources. viding information to those soldiers recently returning from The Rhode Island Bar Association works with Judith G. deployment. As a result of these efforts, the Bar Association was Hoffman, LICS W, CEA P, Executive Director, Coastline awarded a ten thousand dollar grant from the Board of Trustees Employee Assistance Program (Coastline EA P, formerly of the American College of Trial Lawyers Foundation to help RIEAS ). Several Bar members were assisted by EAP in the past support the Project. The Bar Association was also presented calendar year. Issues included depression, eldercare, alcohol, with an Award of Appreciation at the September, 2011 House of anxiety, divorce and addiction. Delegates meeting by Rhode Island National Guard Adjutant The Committee focused attention on education, including General, Major General Kevin R. McBride for providing out - sponsorship of the Annual Meeting program, Coping With standing pro bono legal expertise to the service members of the Change: What We Really Kno w, presented by Dr. Will Miller, Guard. psychotherapist, a Campus Minister, and a hospital and police Community outreach was a primary focus this year. In chaplain. The Committee promoted the May CLE program, addition to the monthly Ask A Lawyer and legal clinic pro - Dealing With the Crisis of Suicide , which dealt with issues grams at senior organizations throughout the State, the Bar, in lawyers have when their desperate clients may contemplate, or collaboration with the Roger Williams Law School under the commit, suicide. The Committee sponsored a screening station supervision of Professor Bruce Kogan, held two Divorce at the Annual Meeting, in partnership with Blue Cross/Blue Mediation Clinics at the Bar headquarters for Volunteer Lawyer Shield of Rhode Island, featuring free blood pressure, choles - Program clients and their spouses. Volunteer attorneys once terol, and glucose screenings. again answered questions from the public at two, Channel 10 We look forward to providing additional outreach and edu - studio panels. Upon requests from the social service network, cational programming in the coming year. The best way to assist hospital, nursing home and home visits were made to help lawyers with the help they need is to get the message out to clients in dire need. Additionally, volunteer attorneys provided them that help is available and confidential. legal assistance to our veterans at the Veterans Administration Hospital, as well as the Bristol Veterans Home. Law Related Education The Rhode Island Bar Association is dedicated to helping Rhode Island Bar Foundation Rhode Island teachers interested in law related education (LRE) President Michael A. St. Pierre and the Board of Directors by providing volunteer lawyers for classroom presentations and of the Rhode Island Bar Foundation continue their hard work as educational resources. The Bar supports these presentations to maximize Interest on Lawyers Trust Account (IOLTA) by developing student interest-focused, law-related classroom income and assess legal needs to maximize foundation support lesson plans and educational background material. The Bar t r for legal services in RI . Association’s goal is to increase public understanding of and o p e The Rhode Island Bar Foundation also administers the respect for the law and the role of lawyers and judges in the legal R l Thomas F. Black, Jr. Memorial Scholarship Fund, established in system. Working with the 2 01 2 Rhode Island Law Day a u 1989 to support and foster high legal practice standards by Committee, chaired by Rhode Island Supreme Court Associate n n assisting Rhode Island residents who show promise they will Justice Gilbert V. Indeglia, the Rhode Island Judiciary and the A 2 become outstanding lawyers and who need financial assistance Rhode Island Bar Association organized over 40 volunteer 1 0 2 to study law. The Scholarship is named in honor of the late teams of judges and lawyers who delivered law related educa - - 1 1 Thomas F. Black, Jr., known for his impressive ability as a tion programs to thousands of upper and middle school stu - 0 2 lawyer and banker, his deeply rooted legal scholarship, and his dents throughout the state. Lesson plans, including background n o i notable participation in civic and charitable causes. Two schol - information and related news media stories, as well as recom - t a i arships of $20,000 each were awarded this spring for Rhode mended questions for student consideration, were developed c o s s Island students entering their first year of law school. and produced by the Rhode Island Bar Association, and A reviewed and approved by the Rhode Island Law Day r a B Work-Life Balance Committee. Drawing on our legal system’s challenge of balanc - d ing individual rights under the law, teachers chose lessons, sup - n a The Rhode Island Bar Association continues to support l s ported by both local and national cases, focusing on the follow - I our members’ quality of life through our Lawyers Helping e ing freedoms: speech, peaceable assembly, religion and the press. d (LHL) o Lawyers Program. Any member experiencing a personal These, in turn, stimulated active student participation in discus - h R or professional crisis may obtain immediate assistance from sions helping them understand how laws directly affect them 4 Re port of t he Executi ve Director on 2 011- 2012 and the roles lawyers and judges play in administering justice. Thompson; Rhode Island Bar Foundation Program Director, The Rhode Island Law Day programming also included an Virginia Caldwell; our Lawyer Referral Service Coordinators, Essay Contest drawing on the classroom lesson topics. The Elisa King and Laura Bridge; CLE Program Coordinator, Tanya Rhode Island Bar Association and the Rhode Island Police Nieves; Communications Coordinator, Kathleen Bridge; Chiefs’ Association each contribute $500 toward the Essay Volunteer Lawyer Program Coordinator, John Ellis; VLP Contest Scholarship Award. Program Assistant, Debra Saraiva; Receptionist, Karen Lomax; Office Manager, Susan Cavalloro; and Law Related Education ————————————————— Coordinator, Allison B. Baker. The programs of the Rhode Island Bar Association con - My thanks to President William J. Delaney, the Executive tribute to relevant services to our members, increased availabil - Committee, the House of Delegates and Committee ity of legal services, a more effective and independent judicial Chairpersons for their support and guidance throughout the system, and public understanding about the law. The Rhode year. Each member brings great perspective and leadership for Island Bar Association Strategic Plan outlines goals and objec - the members. tives to ensure we are doing the best we can to meet or exceed Finally, I want to acknowledge and thank the staff of the member expectations. In the coming year, under the leadership Rhode Island Bar Association, whose hard work and dedication of our new President Michael R. McElro y, we will be mindful are remarkable. In order to get the job done, it is often necessary of meeting those goals and objectives adopted by the House of to pitch in and work as a team. We are fortunate to have these Delegates on your behalf and will continue to work toward our very committed individuals contributing their talent to the vision. Please feel free to contact any of the officers or staff at delivery of quality services and benefits to our members: the Bar Association with your concerns, questions or sugges - Director of Public Services, Susan Fontaine; Director of tions. We will keep you informed and invite you to become Continuing Legal Education, Nancy Healey; Director of involved as we work to fulfill our mission. Communications, Frederick Massie; Director of Finance, Karen Building on our deep traditions of professionalism, Goal 1 To provide members with valuable, relevant advocacy and service, the Rhode Island Bar Association services that promote professional competence. is the preeminent leader on behalf of the profession. By being innovative and foresighted in serving the needs of Goal 2 To be indispensable to new/young lawyers. practitioners, the community, and the administration of Goal 3 To be a positive public voice on behalf of justice, our members are proud to be Rhode Island lawyers and the judicial system. t r lawyers. o p Goal 4 To facilitate access to justice. e R l a Goal 5 To foster the relationship between the bench u n and the bar to our mutual benefit. n A 2 1 Goal 6 To maintain an infrastructure that supports us 0 2 - in fulfilling our vision. 1 1 0 2 n o i t a i c o s s A r a B d n a l s I e d o h R 5 T i t e h o n , E a x n u c e a s d m e N t i e e v a w s a M o C a H o C n i m p m n n e m o w c e ( h s t i $1 c i t e t 0 , e r i u e l 0 0 u d o v . t o d 0 0 , f e e b V e t e e f m r e s , 0 b d t c t e o n b o t o e t o u t 2 $ f t n t r s h e b p u 5 i t v a n a h c , n 0 2 r c u p e e n n e r r r o a e f 0 a $1 i a M n ) n i t t s , 0 , n i h w e t t g t s e h y l a s s 0 0 g e t a l a c i t 0 , h c a n u o r c l h a h , 0 0 t s a t , 2 $ e e s u x a w d a i n .x u o a t i h w 2 $ 0 0 t t b su o m h s d l e l s x e 7 , , 0 c i ( u o 0 5 e 0 0 b a e h a t s m e $1 l 0 , 0 w d a t p t 0 , 0 0 n i a e e r c b e r o i s 0 . s e 0 s x e 2 d a . n n i i d e h T u 0 0 , 1 0 l m e e r c t d t I 3 o r 0 n w , ) s s e x e f h R p a x e $ u o - s d a d n a e d e 9 9 d e m e o m d d l e d 6 , t p i t i t n i p o eh t 0 0 s i b t s I o i n o ) n o i n a e h t . a l , n 2 , h T p e 2 e d n t q o r % h w 2 e h a s i u 01 dn $1 e d v i t s d l u o w h c i o c u 1 0 , C e l a f e t a i b 0 0 e o t d t n m s i h l l 0 , t e x e xa t i m b w o n i , 0 0 a h y e f e h t i d c x m 2 $ e v e t b u s e u x e t p e 0 , d n a t s d e eh a t s o i 0 0 t s h t r c e . ) x f o t i n r s i t i d e , , 0 ” u T t 0 h t h t h w y h t h g n i 0 e e e o t e r o e p u ( a u c i f r o C h c h s t s e d a a e r r f o r f l e m c a t d t a l a e r mo t n t d s s e r t i m x – e t a h o e t t A c o , x a t i d e r e t f v s t t s h r e e a $ l i m i e t c 8 u s eh e f e r a f , 0 5 $ t l f b 5 8 a a t c r o a t s e t r 0 0 t , 9 4. t t a h b s a h t s . 0 eh t n 5 3 l l i An a t a t i t 0 a t a w a o F e t l e h , s x Act t ( s a f t a x a r o e h n i b e r i h R n i f e e c f Rel n 3 $ x r o r t u l c o d o r f e m a u d i d , 3 a i c i s e r at e tn e r 0 2 d a n l p u t a t a l s I i g c n , e e i r , 0 v e g a l A e i d b a s s d n . s c i h w t a n i h t o n s h w e l D k T s e a 2 s e , a t ax c e h f 01 t a t e j o t a t s u r N at n a 0 r e e h t t e e a f i i t t i c on w o e d n x a e n x r fo a c g r t Y y l l n o – c e e 2 o t s u e r 0 s E , k r e d t 11 e t a u s a b a e r e e eh t tae u t . f e s e o l F I s n e t o t t o s u f e a a w s l an d i r n t i m “ i l c h t i w h b r o s k a d f o a v a u e t n i ff T t e a n a o i e t rans n h d d t o s n e r t s i e d n b e e e i t D h s p s b i r t fer a o re , o a l e n e m d t c e n a u s t T r a w a t a u r t t t p o d o i axes b x o o t b a n e n o t s o .e s r s f e r e o d e r i d p ( o x o f c i u l h t t s i t r a a i c e r e t r e n i r t g n i r t t i h u e s i w f o p y l . s e e s m e w o t h t o t b ” . u r t yn a T n e , e h o w t t I t i r h t s o e s i t e d l u o w f g i r s w o t i u t ts u r t e l u o n i o d n i f o c f h d a v p a d l a f q i n b m r o s - g n o l l t o n n e t p p e s u r o r u r e f e r p l a e d e v eb t i m t i e z i n i c l u o w t o i a e i r a r c g n i d n b i a a a p y . 3 l a r t n d r p s p t w e s u e h t r e b f o c o n A o , o e e t v t n i d e E t ep s e i s i t s u r e h x e t s c A r u o c e d e o f r t n e ) d a - t u t a u r o f m i s s a u i t s e R u r t v a m a u s p e t i t o c a l a r a l o eh o C t s e k y l l t r t a m n i t g n o m m a r t e t s i d a h e d x f e k e t t t c g i s m h d ir o t t t i g s t s i d e u v i p - a n e e c s a o H o i t e d e i F s e t ub i r p n a n c u d e m t o r d i e h I ( . s n d a e t r u s n - e t s 0 2 n i T r a i s t e t c e t s u r e h t “ 1 1 a o r e i e d d d a , s E c u d e c n a c e x E a t i w x e e s s – e t n u c e h m s i h T . 2 d g n i . s t E i t r e p t x n i e h v o i t r o l F n A m e t e a y T 2 l l i b a n 0 o C e h a t p d d 0 d i t i b c A , x 9 i h t m m d e s o p o r p )n o t i . a l l s a w n tI a o i t n a o a l t o n t i t n w n i R t s d – e t a o f a l e o t t t r r i e y T ts r i f t / r e e i h h t h c a h c “ g n i t v o r p p a ra . e s s i e w o v l l i b r n o r o r e f s n a r c m o h a i a t s c s e s r t n e b a e r d l u o w h t o t e t c a t h t a t e l e s r e f s n a r s e s t t p d e o e h a h r u u r t L a v s n t e v t e m a si h e , s s e u n i t n o c m o h e v o p e u l o y v l a t s b r e a o s s tp o d a i l ” s p h w p n a e i b a g d a e t s e s o ) s a s i h o r r c n i d n ’, s l l f o d e t e l i e e p e h t d x t o - r o a a h e t r e s a e a i t s d l l l i b n S o t p m ( t t y o H t i u n o i t p m e x e o e l a t l t r e h g a l e h s e r o a w o i t p s e d u l c n i r ex em p w e h t e d a e t s e m y a d i s e y e d i o r g s n a n s e r n n r e s or t n i n a h p P d n i h s i d a e t s e m o o r d i o r a m E n t “ ti n g d o l u o e c n e o h x p on e h t t a b 1 s i r r f o w t h t - c e y e . q ; ) n o i t p m e x E y t r c m o e m s d t e r e o i t u e n o a u s A n a r r ar p u l i t s s e d n a p o t n t s f i l i t e n i u s y v e l a t s t r a d i t r o p ” d a e f s u n n av ai la b t p m e x e l y . x t c A r a e c n e r e a e e T: t s u r h T s e yl p p . : . s t r t t d n a h h e h t h e h t ( e s u e o t s i o F t a f i t a l e R n i r o m o C le t , t o a r g no i i f Wi s o t e r r o r P h e l a s u o m i n a n u r q po r p t s r in t s w s e e d i s s e u e h T t n t o a t s e h r t m o h m th n e t x e e h a t r e p t r a p g n r o e d a o l d r a g e r o i t i e t e g - r e r n t t n i p e o h g n ci ty e f s e e s x n o r f u f p y t e h t e c n e d i w r h t e s d . o p r t s l o r m n a f T u o s a m e e t i r w e m or o s o o t x a o t p L tl s r e p a p r g n i n w f e r d l d n e m m o c e o i t v e h t e a o $ to i g e l i r n a i s E 3 o b s e r t e k a m e n y t wn e d o 0 f t p m e x g n i e r a n w o a , 0 a o t i t a l s h t a e d i i n i e c n d n a d n n e r a 0 c o e d e r i u q e r 0 $ i l y b f g n n l c 0 5 re e s n o e e h t o i t re si d c d n a , 0 0 o t t n r a e e c t .n o i t a e l a S s r e y w a l , o o h w . s t b h t 0 o n n o r t e e e r 0 $ en g n o m A d h e n a g n a i h T 0 5 u s ta i a m t s i t u c e x E p ce , , 0 0 o t o e n i a a e r r i v i m b o n d e g s r e d f 0 n 2 pr o t r o f r s i p 0 4 0 0 e h t s i E f o o v s s . 0 or d e t t s o l c p o r p r e h t o i t u c e x n i vi de d u o r p a c t e v - 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M h e C r o . e l b e e a o C e e t t i m m o s a e r i e h t r p l es t r e l u r u s s i h s i w c i a s no t i m m y p o t s u r c l c h u h s e s t n e i t d e s o g n i r a e n i xa r o o t e e t t e s w l o v o t S p u t t n o i n i p o l l i n e no l l i b e b s n e m e v n a e t o v m e r to n e g a g n o c n i d d d a i a s w e d e r e h t t t o t s e r r e h t e h . t r u o C t n i t o a o t o o t e s r n i s y e n e u s s i d e s i l d o r p e h t - d e t i m t i o i d i v s l e h T s n n e r u a L o c r e y w a f o e h t m o h I s i h t tr u e n p o c s n u “ i t i t e p u g y a M s i t e t n a t r o p m i s e h e u s d i - u b e J h w s e n o e c n a n o p e r n o i t a i c o s s A d n 2 f o o 01 r d e l s e r g o h g , 2 q e n a e r o t n e s e u e h t a d l re t t a m . y l t ts w a l l a g e o J i t a t - s t r a B t n h e t a i c e r p p a s r e y a h o h t d n a r e s n n y d a F c a M t a A k o ” s e c i v w s e h t f s s d e t f a r d p o h t i c o e h o r o C c i t a r a n o i t a i c o s s A e h t e d n a g n i d e n e t r u e n o c h t t a o w t a o h e h t j e n i o d e h t i m a k r ne n i d l t a h t d e a o r e h t o n a a o h R u c e r f u p a r o f s r u a L a e h t , i t e p r o m e m b e d t u b - s t i e l o h w a l s I n e l l n o i t p o y l l u f e r a c o w “ n a w . E n i u d n a d e d l e l i f n o i m r u o C n o J l d e s r e b m e r e y w a l - n o n r , m s a e o s e b r r t s e r t y n o o r p h w r h g i m o l u h t ” d e . e o i d e t c e on o b f o r p e r t n I d d a . s a e r a i m a e h t a i n e s e r p e r y n t i s t , s s e r s u c o t d n e s e r i s i c e d C i s i c e e h T n o e t t r u o r b e h t s d t i y l . f e i n o a t u ’t r u o C s n o s s i a e h t i t t , e b n o s n o i W s e u e h t n i A c s e a i f i c e p s s e h t n i e s u i a r o C d n a t a i c o d e h t i c e d e s r o b a l u t c w t tr o i i s d e t s e g g u s n o i s a c y b r g n o n o ; n a v e i , e r a d e t r e l a h t m e m o s r ( i b o n a si e n e r s r e b m r t d - e c c i d u j d a r e d o i t a n i t a h t t l u s e r b r a e h t d e d r n i h g i - a r t i d a h b r a C h t yr o t a y r u o s m i a l c / s t a e e m o r f o i t n o o C i m r l t w a n )d e s u c e . y l o t e m o S t h g r u s r e y r h t i t c a r p t t h e s e f o l a l u f e r a c e e a e r a e r o s g n i t n e s e r p e r s e i t r a p s e c f o o t o t c e f f a r e h t u a t h r e h y l b h t l e w a y i s o n o c n a e r a r i c n e g a u t h t s r e y d e z i d o i t a s e d i s s a n i s r e y w a l - n o n e e e r g a h t o r e y b f o s n h w s e t s r e r o u t a t s e c i t c a r p h h c i n a a s t a h t p y t t p u d n i e h t t h t o t r o p e s e s i h t s t x e t n o c r o p o r e d n a i t o r n c i f n e g a g n i w o l l a . s c e s i w s e f o eh T i h n a t a h t s y c h c wa l . s i p t a h t l b a t p e c c a o r r , s a u q l u g e s i h t h t o b i c e h T t e s g n i d e s l a p p a a - i u - i t r a p d u j i n o a i c o s s A r a e a l e o i re o d b i s - i c i n l o v n p u c n i , s . e c i t c a r f o a ( l h t l h R h t r a l a i c i f e v o i t e e r e r o s e d o U “ ’n s h t t ( r a a o h w w o H e h t . ) ” n o i n d n l s I b f o e i r e n a d n o c o n f e T“ a m s e r p e r re v e d n n ) ” n w o a d e t o d e g a g n e - i m i s - t n e m e g a n t c u e h T , e h t s u c n e y b h t d n o c d e t er a g a a t a f e i r b m d p x e “ i n h t s n i h t s i t s i n i t c u e h t e 6 r o t i r e n i ed o Rhode Island Bar Association 2 011-2 012 Annual Report u e h t u “ a r i n n o i t a r e y a t c n a n o d n a u a n r e t t a m s i L s u c i m e L d e s l t t i u t a h R eR r o h t ” e p s i g f o e r g c a r s a w d o C . e c i t s u j n i i e c n a v e i T p l ” d e z i l o v n o t p m o i t i t a h e o ec n o i t a g i t i l w e t r s I e v r e h t e h e d o h R n i v a r p a l n I n r a s o P g of d n r i F c r t i b 2 e h t - 0 a d n a l s I 1 i f e s r e t t a m B i t 1- i t t a n To a h 1 s r e t h g s n o - n o o i 2 r e n w n h t A y w a l B c o s s Exe e d n a r a o r s A o L d e t a l e f A l t t i L re o s c s s a i l a i m A it u c o i t a i c o i t 9 3 e i t a i c o t no C 75 s u c e h t t p m o n n o v s e b u r p a t s f e i r B o i m k c e r i D i t c a n s e e t t e c p d s o l a i c i f f O f o a o i t i n t w a l s n o r s a o r o t o N a n a p yt r e c i 2 01 2 012 1- 2012 h t e f o o l l x e n i w c e e l l g h t c n p g a e e .e a p d n u e r b c i l e r p r p s e n a e s c e m e n d t t f p t p r o h l o r y o e h t e f m e m d e e o i s s a l o f T w. b n o h R r s r e e h , A t a h B d n o e d d a i D f e e r f t h t r u l s I l i a o s s A r p e e o r t c h d e a e l o t d n a r e o m l s I a g i c r b n a a d u t a B l o e t d n e c f o r p n o i e g r t j s i m t s u e h o B A t f f f r a i s s e a s u c i o h R t o s e p p s n h i , e s A b d e a i c n o e l s i c a a B s d s e f o r p s r d o i t o f o e o c i e a i c ’r f r r no l s I n e v i s t l i b a h o i t d n a i m 2 e la n o i s g n i d l 011 o n “ , n a t s o o i s s f o r r - B o b e t 2 c - n n a r a m f y 0 n , 1 t o n r e s 2 e h m e m r o c i h w A a m l a u n n A o s s i t ” e ev o J i A , e c c h b a i c l s I s u a n r u a ’ s r e e m c s i i a t n o i t r b i n i v m o t r w d B d , l e i .n y t e b e g d u o C e u B f l a g n i t i a r l i f s g e l o r m ya m a n g n i o s s A t m er e , t t t i n a o t a h t e h , i n e e c n i h t i w d e h t i t a a p , a p a t e h t o i t p s t r h p c e x E , n e v o r c e o o l s e r P u s c i f i f i x b b W a ev i t u p p e h t o s y t l s h t i y d i a c y b l o g n i u a d n e n i t r e s o i t ed o h R r s y t a g e t h a w a n p g e s e i t c o o f o d r u f t n f s e w h R i v e h t d n m i a m t y t r l o o t e n i e p o d a i r r f d t f f e g e e r o r e t a t d r - e h f I , s e g e o n a l s . 2 a r a r o c o h R s o l g e l ep s To f n e r u d g e l e h t o l p r a g b a - e d r a B u s l s e h e l s i s d a m o f p v r e I f l a i t a n i l a l s p s s e o l l A r o n o li c i h R d n f o o s s . 1 - s w t e o , .s d o o H f T a F i t f a t a i c : e h o h t o t e i m e n u s e s u e i t a l s I r s ed o h R n o e s y l p p c f o r a x d n o N o C e r o e x E m o t r u f f q e u . h t o H t l T p t r e h c 7 7 u r t u e e d e h i o t l a 5 e s u o L p i a r e b i l 2 v r H e t r a a h , e b s c o t e w o c N p a r a s e i s s e n a i s u h t o h i t p e p c i . e . e a e o t 8 7 h G o t n o i l i f i s r f y a s n o i t o w 54 a h w D g n o t c , B e l e u v i w e S - i d l f o b r i f c i h l e a g e r o a m e h t n e d a o r b i l e r b t s e t x h e h si d t i m y a u e q a i r r o w u l o v l i - a l b e r i d e e T r n u g d n t w n a r e k o e d l e e s s u o t . d i h t n h t a s i eh a g s r t d , h c t s r o l l o c t a h r e n e h o l e s w h t u a c n i w § o C f i d t x e p e s e o 3 d e t , d e t c a n e p e m a r 4 - 4 l u e u u s r o o c 5 C a n n . d . d n t o t t i t e m m 9 e s - T y T e m t m b t 9 - a h o t h h t u c i t c e n n o C e h w o t i m x e c ( e n t e s o p p o q e r e w c e r t .) i c r d l u o w h t p r e f n e t t i o i r t u e e h n i r o o e h l a d e r i t a h t m o m sa t i r d s n o i s i v o r p c e e m e e r p t y i x e s u o H t r e h e t a e r c a e r e r t n i e h g n a e ad n a g o i o l 0 4 ( o f l l e f e g n e i . d e i l r e v e t a t s e a c e r t s e a - n r , s r a e y s i n e h T n e u s a d l i B t a y o s t i n i b l r e d r ; t i i f t e o t n e i o c e d r o c e l e f l e n i l 0 5 s u h c a s s a M s i d e s o p o r p H i e b u l i f d t s n o C f g o i t c a s n a r t n l o f s r a e y r o b o d e t i m a 9 3 4 7 e y s c y. r n c t a x e d h t t r o e l b a e . n y f o c n i t s S d e l i d e e e p e e r m e g s i m m . n e G t c r t S . d n a a e h t c u q d e s t t e u g r a e y - 5 3 d n o y e b a h T o i e p d e n i e t s n i a g a f sn u n e r i o s s i n s t n u o C s e c o r o i r . t a t S e t a n e S 5 3 ( t . t t 4 3 t m o i e h h e c i t a o w e h T t a r d n e t s n 4 - e h t n s r a e y eh C e h t u S e s r e p n i § u 9 t r c e h t y e h de n r a e u o Tr e f s n a r - d l t e m i t 94 e p 8 e h S l o i i B n e i a y - 0 4 u t a e G t r m -1 n o S , l a e r t o i r p d o i u l l . 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M .) a ( 3 t a e r e l i w ? s r e t f a e p n l e h C n w r y S o i r a e n l a r e s e o i r u o h T o o l t r u o C i r 60 5 2 t t i n m f e t a t f o n i t a h o C d l h c i h w b a t e k r a M r e r e a m s w a L d i se g a g t r o M h C o C a l x e p t t i b n e i u l a r u c e s 4 a r e s i t r f . e e n i . u i l i h t c r o m . 0 6 2 t r n A n o o n a t n i T g n e s e n e c i eh t r o c e r e h n i e r c o r e t p a h C p e l a e b e r d e t § g t c a e r o r d n a i l e e r a n o c )3 3 i u q o c e R n e h t t m .” i v i d e d e l a h t s e . s d a e h T e d g n i t a l e r er e t a u q e d a a o n s i s t a e o m r T d r a t s a p e s e - c e r o m tn e t a h n r p n i - 4 3 p o . e g a g t r r e o e t Te l t i n o i t i n i f e d p o r o e s r u t a r e e g a g t o e h 6 2 v i h t t n o i s i t d c e o t s o v o o o t e t n o c t n e r e e r e A i s e f l a n e tc e h T t c e t o r p w p e r e h t h R t n a n t s l t i i t o n o r n a h c n l u o x t d e o d o t t r e p o d n a t ru c e h f . s d a e p p a e d l u o h s a m e d e R “ s e g “ e b y n l a i c e p S l i b - s I t a h T b y i n a e m y u , n a l ne n u c l - i k i r a l c a l r o f r .s r e d n S d i m e b t c e s e d i v o r p t s t p o h g n - s e i f Wy t n a r r a y b . d e e d t a a o i o i t w e h u l t i t n o c n , n dn a f t g n i l i e i e 7 - 6 2 - 4 3 l e R t n e p re v e w o H , s i s i s s e e h t i m r t n e t n o i t n . t s a e . e u a ” d e e D y B t i ,e o h R s h T w o t e i v e r s i eh t f h t i e o i u o h t i w e d o t i t b a t n eh s u c s e m o c e b g n i w e v o e d i v o r p f I r o l s “ m o t d n a s i h t p S t s e t u t a t s a e h t a i c e n i f e d d n i k b n a e h t a r e y u s w a l w l d d e e d Wy t n a r r a e h o h R o i t i w f o n u o f o w n d e e d t e d r t a h dl w h t i r o s e h t o h s I u e i n a e m r e d n e l l i l r o n y l l d n a l d e t i r o de e D el t t a d n n i g i w y n a n i q e g n . u o h t ” s y e v n o c t g n i t a e h i u a o h R o t u t a t s b i r t t a e G t n e l a v t n a t s i d r a i l i m a f - w o n t n e t a t S e d r e de t u y r o t l a s I C f o r e d n e l n a l n o n a e m a t i sw a L a i h t p p a d v u q s e c n a y e d r h i ti n i . g n s r a e s a e r c n i - h e h T g r a p l o o n t r t t a .f o e r e h 3 i d y t h t . e s a n o i s o l p x e n o t u t a t s p b i ta – n A g h t e r d e t u n i n o i t c e S p l t i t e t a r a d e e d o m t c a . e y r t ot i a e g a g t r n o i r o M f o n g n i t a l e r d f o in i f e 43 i e h t d n a s e u s s h c e -11 p o f n e t f o i o - s o o c e s - n o i t u c e x e l c e r e c 2 4 e e r a d o t s i d n t s u s o d n a V n a h t e s i w r e h t o e t u t a a p r a a t r e p o r i l s e r y d S n o i t a r o m to n o i t c e h s i f s a r o c o t i y v n n o e g a g t ne t f o e t a n i m i l e b a p a c . 2 e v i t c e r o f o – i v l 43 m r o F A g n i c n a y e v n o c r a m g n -11 w n e l u o - e e n i m o n i te k 3 4 a s n f o l d c s i d n a n e m u r t t e m s e u s e d i v o r p f o o s e r r n l e eh t t t c e f f E u l s i w a .s t s u r t i t o o i t b s t h t f g n d n e n a c n n a e f e t n e s n o r f e p s e e l b a t p e c c a y b d o t t c s e i r a i c i o f r i s t c e g n dr o c e i . i t s e v n y t r e p o r p h T n i o t t a h t e r e d r o e r a - l t i t t n o i t a g p e h o h t e m s n o i t c a s n a r t r u e d e s o p x e r h w s o p o c e o t - , d e r e i f n o c d e n o i t i n g r i e S r o f e o re c n o i t c i t c f d n a m r h t o c e r o - i s s e r a n e f o q e r u a u s a p i z i n g s e 43 r o h t e e n i m o n p o r p or u q e r u -1 o t d i - r i 1 d e rection g n yt i - e s i r a r e . d e r i 4 o t . 4 y l r t h T o i t c a s n a o u r t e t u c e x e - u a s a h t . I . R e and s t s r o h t e o b a o t i w r . n e G o n r e h t e h w consent d e v d e z i e s sn e o d r et u t a t s e r p s e g a g n e d e L . n s w a i v o T s t o r e h o a e of e d s r e v i g h c u § l the o d s e r t s e n i - 4 - 4 3 a o h t e m uc t l u N e t a a y n a o i t c a s n a r t ben - r t i m o 7 2 s i g n i c n a y e v n o c s u efici n o i t e r c s i d d o d h t t n o f d a h e e d ta ari s e c u r s n Tts u r n s s a es e 1 u t c a t o . t of i e h ru o v n r n A l l a o t c e - l a . th :g n i w o l l o f w o e e n i m o N n i o i v l e h t e o c m t c a trust. h R g n ro f e s n s n o i t a d n e m s u r t o g n i t a l e r l a e r n d t e This e e t dn a s I r t s e d n a l u o t e t a t s t s cause d o t f o . , d e e e v a h A w p o r p e h t y t h t i r o m i p d a h o C eh t y t r e l a c e g a g t i m m a n n i m o e v i t a g e n – e e t t o C ro e e v n n o r t e c n a y e p m i s u Ti t e l t t c a r a d n a t S no o t r o s d b y o t i or t n - 7 Rhode Island Bar Association 2 011-2 012 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 c i l b u t i c i 0 0 , 0 P y M o r 3 sg n i 0 0 0 , 1 R e g a n a y t r e p P a l e o r 1 0 0 0 , 5 s n o i t s s e f P e m 3 4 i t n i r Txa 00 0 , 2 0 l a n o i tn P & l l o r y a g n 4 0 0 , 3 R L P & se e F 7 1 m a E g a t s o P 00 0 , 0 0 Tx a O l h p e c i f f 1 s t e M 0 5 , 7 e p x E e l e c s i l p p u S & M 00 5 , 2 0 es n A l a c i d e s u o e n a l d M 00 5 , 7 y v t r e e c n a n e t n i a & L 00 0 , 7 e B gn i s i x E R e p x E 2 e n E L 00 0 , 8 e p a r G st i f y b b o n 3 s es n L 00 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 3 e s n u o C D 00 0 , 0 A a r e u i s s R ec n D 00 5 , 3 o s c n a t s e i t l a y & a i c e r p e M 7 l C 00 5 , 8 s b u S r e b m e e o M s 2 i p P C 00 0 , 5 & r p l a a r g o r n o i t re t p i r c o M M s n s e u D C 00 5 , 7 t c a g n i l i a s i st n a t l u r o f e p x E o sn o i 8 m L e c 1 re t u p m e c i R C Rhode Island Bar Association 2 011-2 012 Annual Report 00 5 , 0 a l l & E t i r e l n I i L e h e v e r P es n 2 su o e n a r G F C 05 2 , 6 r e t t s l a c e In m e s a r u f se C 1 o c n I Ex (Ad N E G e h T h R — co t s e t n 00 0 , 0 no i t n B o A —— r e h t t n pe nses me r a i s s em o c n I minist re k a 1 c n I em t c a r ——— 00 0 , 7 N A B o h R a n r u o J tn a t s u S R E e d o w r a m o a t e 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 1 e d e 1 00 0 , 1 e c i v r 1 l 2 , ive sn o i t p i 00 0 , 2 f o U F l s I T 0 —— I 00 0 , 0 en o h p e l e 1 and l s t :e l d n a m o c n I 00 5 , 0 e h — N A 3 a l a S ——— d n a D 00 0 , 0 s d Memb B 00 0 , 5 a B se i r & a e R 00 5 , 1 — e 3 ’r ——— 00 0 , 8 r e r i t s er s s A e R 00 5 , 7 a d n a m r a B W t n e m 00 5 , 2 Servi ——— n b e c o t r P Budget 9 T s 00 5 , 4 o i t a i 5 et i o $ —— v a r 5 l P ces) 00 0 1 a n o i s s e f e t $ $ $ $ 00 0 , 2 o s s A r P na E — S le 1 1 0 0 , 5 h c i h w p x n n i m e 6 3 , 1 3 , 6 —— 12/1 3 0 , 0 4 g n i t a P s d n u f es n e 5 , 2 00 0 , 2 5 7 , 7 7 , 4 i 0 S — r a n 00 y l a l —— S U l l o r 00 05 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 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 e In C R se em n o i a r G P O E (L A L —— S e m n e c FR x E u D s e e i l p p u 5 8 x om d d e M RS E 0 e pens t ——— P E Y W s u o e n a l l t n es n e p d l , c r o F s t n R E e h t e 0 u e T r P N C I s 00 m o r f a e 1 0 1 b t n P c i yl r o nd , o 2 t e t a c i l 1 3 GN AI T 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 0 n o B l o r R 01 e v 4 00 m o c n I P d e B , tc e j o r P ub f 5 7 sn o i e b m e m t n F E R a n o i s s e P x E ——— s e R , 1 o t i f e n $ - 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The and enriching program. Support- Committee began its first full year ing this effort, the Bar Association last September, meeting monthly staff worked with the Committee through this past May. Key to the to ensure a seamless presentation success of the Committee was the of workshops, service and product enthusiastic and energetic partici - exhibits, and social events provid - pation of its members, who repre - ing an outstanding opportunity to sent a wide spectrum of practice learn, improve your practice, and areas. The year opened with dis - socialize with your colleagues. The Katy A. Hynes cussions concerning the extensive Melissa E. Darigan Meeting offered more than 40 sem - Chair scope of animal law encompassing Chair inars on a wide range of topics a broad array of areas including: providing guidance in family, pro - custody and domestic disputes; bate, criminal, trial and commer - wills and estate planning; personal injury; product liability; cial law, a variety of ethics-related issues, and the always criminal law; constitutional law; contract law; tribal rights; popular State and Federal Court updates. The value of these business litigation; civil procedure and evidence; health and programs to participants was enhanced by the participation disability law; housing law; governmental liability; intellec- of many distinguished and accomplished presenters. tual property law; landlord/tenant law; commercial transport Additionally, this year’s Meeting’s Wellness Center featured an litigation; medical malpractice; workers’ compensation; excellent selection of free, healthful and educational screen - employers’ liability; property insurance law; life insurance ings. Among the highlights of the meeting were the opening law; senior citizens’ issues; media, privacy and defamation; remarks by distinguished United States Court of Appeals land use; zoning; alternative dispute resolution; and appellate Judge Bruce M. Selya and the Annual Meeting’s Plenary advocacy. During the monthly meetings, the Committee Session’s distinguished speaker, Dr. Will Miller, who provided enjoyed presentations on topics of interest ranging from med - a persuasive, constructive and achievable approach to coping ical malpractice in the veterinary context to trends in valuation with change in our professional and personal lives. We hon - of companion animals in damages awards. The Committee ored the achievements of our outstanding colleagues at our reviewed and analyzed current issues regarding animal law Annual Meeting Dinner and Luncheon and welcomed the from around the state, the country and the world. Committee election of our new slate of Officers for the upcoming year. members shared experiences in their respective practice areas The Chair and the Committee members extend their heartfelt concerning human beings’ relationship and coexistence with appreciation to the many individuals who so graciously served animals. During these discussions, members exchanged ideas as workshop speakers and moderators and who prepared and offered guidance and directions to available resources workshop materials for the benefit of the entire Bar. t r o appropriate for the issues. The Committee developed a pres - p e entation for the Annual Meeting, providing an overview of R Business Organizations l animal law and highlights estate planning, veterinary malprac - a u n tice, domestic matters, custody issues, and vicious dog hear - n The Business Organizations Com- A ings. The Committee looks forward to another exciting and 2 mittee met monthly throughout 1 innovative agenda for the upcoming 2012-2013 year. 0 2 the past year. The Committee - 1 1 finalized proposed amendments to 0 2 the Rhode Island Limited Liability n o i Company Act, including the addi - t a i tion of provisions similar to those c o s s in the Business Corporation Act A expressly permitting the appoint - r a B ment of receivers for LLC s, and d n also completed revisions to por - a l s James H. Hahn tions of the Business Corporation I e Chair Act dealing with dissolution and d o the effect of the issuance of a cer - h R tificate of revocation by the 10 Bar Association Committee Reports Secretary of State. The Committee is working to achieve been paid over the fiscal year totaling $1 07,000 and five claims approval of these revisions by the Committee on Title were denied as not reimbursable under our rules. Eleven Practices and Standards and the Committee on Creditors’ and claims are still awaiting action pending receipt of further infor - Debtors’ Rights. The Committee hopes to introduce these mation and the exhaustion of other remedies. I will continue revisions for approval in the 2 013 session of the General to keep you informed as the Fund serves the public. I am Assembly. In addition, Committee members reviewed issues thankful for your support. of interest and legislation introduced into the General Assembly’s 2 012 session. Other activities included organizing Continuing Legal Education and presenting a number of seminars, including a presentation on succession planning for privately held businesses at the The 2 011 -2 012 CLE year contained Bar’s June, 2 012 Annual Meeting. a wide variety of programs. It started with the annual, free ethics Client Reimbursement Fund seminar offered in different loca - tions in August and September. The Rhode Island Bar Associa- The program received very tion’s Client Reimbursement Fund favorable reviews. The cost of the was established as a public service program, as always, was under - to promote confidence in the written by Aon Affinity Insurance administration of justice and the Services, Inc. By the end of the integrity of the legal profession. CLE year, we were providing both Our experience confirms the over - Thomas C. Plunkett in-person and webcast seminars in whelming majority of Rhode Chair response to the Supreme Court’s Island lawyers are honest, caring change to the MCLE Rule allow ing and deserving of their clients’ attorneys to fulfill their require - trust. The Fund reimburses the ments either way. More than one hundred attorneys have John A. Tarantino losses sustained by clients victim - participated by webcast just this spring. Throughout the year, Chair ized by the few Rhode Island the Committee offered a range of programs both in the longer lawyers who violate the profes - seminar format and in the lunchtime, Food For Thought lec - sion’s ethical standards and misap - tures. The Committee endeavored to offer programs appealing propriate funds entrusted to them. Losses reimbursed by the to the many practice areas of our Bar members, presented at Fund include the theft of estate and trust assets, conversion of convenient times and at a reasonable cost. All our speakers are settlement proceeds in real estate and personal injury cases, volunteers and are not compensated. We thank them all for money embezzled in investment transactions within an attor - their excellent efforts and time commitment. Some changes are ney-client relationship and the practice of law, and unearned occurring. The Practical Skills program will end this coming fees paid in advance to lawyers who falsely promise, but then year due to the change in requirements for new lawyers. t do not provide, legal services. The Fund Committee meets However, the Committee is working on new offerings, contain- r o ing similar content, but in a shorter format. The Committee p regularly to review and act upon claims and propose rules and e also made arrangements to start webcasting certain seminars. R procedures. The Committee administers the Fund, which is l a funded by an annual assessment of $25 per Rhode Island Bar The number of webcasts will increase through the coming year, u n Association member, together with interest on the invested making programs more accessible and convenient. I thank all n A funds and any money collected as a result of subrogation the Committee members and the presenters for their hard 2 1 0 rights against the defalcating lawyers. As a fund of grace, all work and I thank especially Nancy Healey and Tanya Nieves 2 - 1 claimants are required to exhaust alternate sources of recovery of the Bar Association for their direction and assistance. Our 1 0 before the Committee will consider claims. The Committee Committee invites all Bar members to submit topics and pro - 2 n o pursues subrogation rights after claims are paid. In several posals for our programs as we look forward to planning for i t a cases, attorneys convicted of client fund thefts have also been the coming year. i c o s subject to court restitution orders. Since its inception in 1981 , s A Rhode Island lawyers have reimbursed more than $1 .8 million r a to the victims of the few dishonest lawyers in this state. No B d public funds have been involved. Rather, these reimbursement n a l awards are financed solely by payments from lawyers. s I Unfortunately, there have been a number of severe losses e d o recently. In fiscal year 20 11- 12, fourteen new claims were h received involving five former lawyers. Thirteen claims have R 11 Bar Association Committee Reports Creditors’ and Debtors’ Rights practice of criminal law to join our active and engaged Committee for the upcoming Bar year. This was a busy year for the members of the Committee on Creditors’ and Debtors’ Rights. District Court Benc h/ Bar Although the local and national economies have improved, the num - This past year was a learning expe - ber of bankruptcy proceed ings, rience for me, as it was my first receivership proceedings, and/ or year as Chair, and I thank the Com- other forms of insolvency filings mittee members for their patience continue to demand the attention and assistance. Our first meeting of many of our members. Despite was attended by Bar President the demands upon their time, many William Delaney who discussed Richard L. Gemma members volunteered to speak at the importance of the Bench/Bar Chair the Bar’s Annual Meeting and at Committee’s to the Bar Associa- CLE seminars held throughout the tion, commending everyone, espe - year. In addition, during this last cially the new attorneys, for their year, the Committee had the pleasure of meeting with the Gregory S. Dias presence. The Committee’s goals Honorable Michael A. Silverstein and the Honorable Brian P. Chair for the year included discussions Stern of the Superior Court, to discuss the receivership of criminal and civil issues in the process and the implementation of the “Out-County” district court and meetings in other Business Calendar. Many members of the Committee have counties. The Committee met in Kent County with Chief agreed to and continue to participate in an email communica - Judge LaFazia to discuss the legislative change of certain cities tion system in which members of the Committee are updated and towns to the Third Division District Court. Chief Judge on insolvency issues in state and federal courts. LaFazia also explained the new Veterans Calendar, including a jail diversion element. Magistrate Montalbano discussed the civil calendar in Kent County and how it will run while he Criminal Law Benc h/ Bar is in charge. A meeting in South County was also held, and, next year, we hope to visit Newport County. The Committee The Criminal Law Bench/Bar concluded the year discussing court procedures with regard Committee met every month to both the criminal and civil court calendars in Providence during the past year at the Bar County. Next year, the Committee is looking forward to Association in Providence. In bringing in lecturers to offer CLE credits for attendees. The keeping with its mandate, mem - Chair invites all interested bar members, both those who prac - bers of the Bench were invited to tice criminal and civil law to join the District Court Bench/Bar meetings. The Committee met Committee. t r with Superior Court Presiding o p e Justice Alice B. Gibney on the R l status of the Superior Court a u criminal calendar throughout the n n Christopher S. Gontarz State. The Committee met with A 2 Chair Superior Court Justice Netti Vogel 1 0 2 on the newly-instituted changes - 1 1 on the Pretrial and Trial Calendars 0 2 in Providence County Superior Court. The Committee also n o i met with Superior Court Justice Robert Krause on the t a i Providence County Gun Court Calendar. The Committee c o s s reviewed legislation submitted regarding the death penalty, A and made recommendations to the Bar’s Executive Committee r a B regarding the legislation. The Committee reviewed and pro - d vided feedback to the Superior Court on Post-Conviction n a l s Relief applications. The Committee also discussed various I e topics for presentation at the Annual Meeting, and its mem - d o bers participated in two presentations at the Meeting. On h R behalf of the Committee, I invite all those interested in the 12 Bar Association Committee Reports Environmental and Energy Law rules as proposed in October, 2 011 . Some of the suggestions made by the Committee were incorporated by the AAD into The Environmental and Energy its final set of rules. For its final meeting of the year, the Law Committee continued in its Committee held a free, 2-credit, CLE program on Block third-year, adding new, active Island, providing an overview of climate change and its effects members. The Committee meets on the island and offshore renewable energy development. The on the third Friday from Septem- speakers for the program were Jane Weidman, M.P.A ., New ber through May from 12:30 to Shoreham Town Planner, Brian Wilson, M.A rch, presently the 2:00 pm and, in December, hosts a on-Island coordinator for Deepwater Wind, and Everett social holiday gathering. Regular Shorey, M.B.A. , consultant for investor-owned utilities as well meetings consist of general Com- as government and non-profit entities. We invite all interested mittee activity announcements, Bar members to join our active and vital Committee, and take member discussions on current part in the coming year’s events. Jennifer R. Cervenka events and changes in the law, and Co-Chair voting on official committee actions, if applicable. The monthly Ethics and Professionalism meetings also included an issue- oriented speaker, selected by the The Ethics and Professionalism planning subcommittee. The sub - Committee met monthly from committee meets on the first September through May. For the Wednesday of every month by past three years, this Committee telephone (year-round) to: identify has actively urged the adoption of topics/speakers for committee a program to prepare new attor - meetings; discuss updates on cur - neys to deal with issues of profes - rent events in the law; discuss sionalism, ethics, conflicts and potential legislative and regulatory how to deal with their clients. advocacy issues for Committee With direction from the Rhode Island Supreme Court, MCLE and Christopher A. D’Ovidio consideration; and plan for Con- Stephen G. Linder the CLE courses, the Rhode Island Co-Chair tinuing Legal Education seminar presentations. This year’s meeting Co-Chair Bar Association staff, our Com- speakers included: Paul Roberti, mittee, and various individual Commissioner, Rhode Island Public Utilities Commission, attorneys developed a Bridge the who presented a discussion on the recent Rhode Island Gap program. That program has Supreme Court’s decision in the Deepwater Block Island Wind been approved by the Rhode matter; Dr. Eric Butler, Environmental Chemist with Gradient Island Supreme Court. Starting this Corporation, who presented on environmental forensic meth - year, all new attorneys will be t required to attend a Bridge the r ods for determining liability and apportioning allocation o p under CERCLA; RI General Assembly Representative Art Gap Program which will present e R Handy, Chair of the House Environment and Natural attorneys and judges reviewing, l a among other issues, the following u Resources Committee, who provided an overview of the renew - n topics: effective communication n able energy and environmental legislation for the 2 011 session and A with clients; the attorney/client 2 a preview of the legislation for the 2 012 session; Eric Axelrod 1 0 relationship; real world ethics; 2 and Peter Harley, representing the Rhode Island Society of Kathleen G. DiMuro - 1 trust accounts; social media and the 1 Environmental Professionals, who discussed a current permit - Co-Chair 0 practice; stress management; and 2 ting process initiative between RISEP and the Rhode Island n o MCLE requests. As in the past, men - i Department of Environmental Management; and, Tom t a toring was a topic of conversation at our meetings. Our Com- i Teehan, General Counsel for National Grid’s electricity and c o s gas utility operations in Rhode Island, who discussed electric - mittee has always found a high percentage of our members s willing to serve as mentors. The lack of mentees was a reason our A ity and natural gas energy use in Rhode Island and the future r a challenges and opportunities and current programs and initia - committee decided to back our Associations’ Online Attorney B Resource (OAR) Program. Our Committee also investigated d tives of the Legislature, RIPUC and National Grid. n a l and discussed attorney competency. This was sparked by the s In addition to the presenters, two of our meetings were I potential elimination of the Basic Skill requirement for new e devoted to reviewing proposed and final rules governing d attorneys. This, and the potential for national exams of attor - o the practice before RIDEM ’s Administrative Adjudication h Division. The Committee submitted written comments on the neys, was discussed with Bar President William J. Delaney. R 13 Bar Association Committee Reports Family Court Bench/Bar tronic means or facsimile transmission were addressed. Dr. Marina Toulou-Shams, an Assistant Professor (Research) at The Family Court Bench/Bar Brown Medical School and the Director of the Rhode Island Committee had a productive year, Family Court Mental Health Clinic, spoke on the emerging trend meeting on the second Tuesday of known as “Collaborative La w.” Dr. Toulou-Shams also donat - each month at the Garrahy ed her time and energy to a presentation on this subject at the Complex. Chief Judge Bedrosian Bar Association’s Annual Meeting in June. Collaborative prac - issued several new Administrative tice is another form of Alternative Dispute Resolution and is a Orders including the following rapidly developing trend in other jurisdictions, such as Orders: 1) addressing the domestic Massachusetts. The Committee also heard from Kevin Richard, relations case flow system, extend - from Family Court administration, who spoke on the issue of ing the time from filing to disposi - the explosion of pro se litigants in Family Court, and what tion in order to have cases handled Court administration is doing to address the issue. These meet - Jane F. Howlett effectively; 2) amending the finan - ings were informative and gave Committee members an oppor - Chair cial statement commonly known tunity to contribute their opinions and ideas to issues they con - as the DR6 form, making it much front on a regular basis in Family Court. It has been a pleasure more inclusive and, once properly to serve as Chair of this essential and dynamic Committee. completed, providing the Court and opposing counsel with Thank you to all Judges and Committee members who assist - a comprehensive view of a litigant’s financial circumstances; ed in making this another successful year for our Committee. 3) addressing the appointment of lawyers by the Bar Associa- tion’s Volunteer Lawyer Program, suspending the need to file Federal Court Bench/Bar an Affidavit of Indigency once the Bar Association determines the litigant is indigent and informs the Court an attorney has Throughout this year, the Federal taken the case pro bono. This reduces the time expended by Bench/Bar Committee worked volunteer lawyers and greatly streamlines the filing process; closely with the Court, and partic - 4) requiring that Interlocutory Decrees and Final Judgments ularly with Chief Judge Mary Lisi are presented in a typed or word-processing format, mandat - and Clerk of Court David ing that the Clerk’s Office not accept any handwritten DiMarzio, on projects to continue Decrees, and addressing the removal of exhibits in contested to improve the Court’s efficiency domestic relations cases and the destruction of those exhibits and responsiveness to the needs of by the clerk’s office. The Committee offered two CLE semi - litigants and attorneys. The Com- nars. Basic Tax Considerations in Separation and Divorce was mittee worked on projects focused presented by Attorney Elizabeth Segovis from Rhode Island on reaching out to lawyers and the Legal Services. This well-attended, annual, February presenta - community regarding federal prac - tion is well-timed during tax season to address issues of tax Patricia K. Rocha tice, the role of the federal courts, refunds, deductions and filing issues. Attorney Frank DiBiase, Co-Chair t r and legal issues of interest to the o from the Office of Child Support Enforcement, presented a p community. In its work on im- e May CLE , Child Support: Legislative and Appellate Updates R provement of practice, procedures l and Practical Considerations , discussing child support guide - a u and rules to the benefit of the n lines, federally mandated to be amended every four years, and n bench and bar, the Committee A also reviewing issues such as the survival of a child support 2 coordinated closely with the Local 1 obligation against the obligor’s estate, the potential use of 0 2 Rules Committee, tasked with - SNAP (food stamp) income for purposes of calculating child 1 1 monitoring and recommending 0 support and the issuance of body attachments in Family 2 modifications to the Local Rules. n Court. The Committee thanks Attorneys Segovis and DiBiase o i The Committee continued to work t for sharing their knowledge and expertise. As Committee Chair, a i on the second phase (uploading of c I made a presentation at the annual Family Court Judicial o s the civil instructions) of an exciting s Conference held at the Christian Brothers in Narragansett. An A project gathering jury instructions r invitation was extended to all members of the Committee by Patricia A. Sullivan a and making them available elec - B Chief Judge Bedrosian and many members attended. Dinner Co-Chair d tronically to attorneys and judges. n followed and, as always, was superb! During the course of the a l This project, unique in the nation, s I year we had several presentations at our monthly meetings. e will ultimately be of enormous utility to practitioners, as well d Members of a Committee formed to address the amendment o as beneficial to litigants. In the Fall, the Committee worked h of the Rules of Procedure for Domestic Relations, seeking R closely with the federal court on the presentation of the 2 011 input from Committee members. Issues such as notice by elec - 14 Bar Association Committee Reports District Conference featuring prominent speakers including Government Lawyers Associate Justice Stephen G. Breyer and Attorney Irving Picard (Trustee for the Bernie Madoff Bankruptcy). The con - The Government Lawyers Com- ference was well-attended and well-received by all partici - mittee essential mission is “to pro - pants. In connection with its ongoing outreach function, the mote an understanding of govern - Committee continued the University Symposium Series, start - ment and public sector lawyers on ed in 2008, and sponsored by the Committee, working with the part of the Bar Association .” the federal judiciary and with the local colleges and universi - Building connections between ties. In February 2 012, the Committee and Roger Williams government lawyers and lawyers University School of Law co-sponsored a symposium focused in private practice was the founda - on the Constitution. The Committee hopes to continue this tion for each meeting and a program in the Fall of 2 012. The Committee participated in the Committee CLE event this year. In Bar Association’s networking event, reaching out to new attor - October, the Committee enjoyed a neys interested in the Committee’s work. Dedicated to Julie P. Hamil tour of the State House amid the increasing its membership, the Committee welcomes any and Chair din of pension reform hearings. all members of the Bar to join and participate in its meetings. The tour was interesting and in- Pat Rocha, on behalf of the Committee, extends congratula - formative and a positive reminder tions to Pat Sullivan on her selection as United States about the rich history of our State. The Committee also par - Magistrate Judge. The Committee looks forward to working ticipated in the Bar Association’s speed networking event in with Pat in her new position. the Fall. This was a great opportunity to talk to new lawyers about the many areas of public sector work often overlooked in law school. The Committee sponsored three CLE seminars Fee Arbitration focused on subjects germane to the practice of both private and public sector attorneys. The first CLE seminar was pre - During fiscal year 2 011- 12, twenty- sented by Assistant Attorneys General Michael Field and Lisa eight petitions for fee arbitration Pinsonneault, focusing on Rhode Island’s Access to Public were filed with the Rhode Island Records Act. The seminar was very well attended by a variety Bar Association. Two matters were of public and private attorneys interested in staying current in settled prior to a formal arbitration this important area of law. In January, the Committee hosted hearing. Twelve matters were dis - Kathy Gips, Director of Training at the New England ADA missed because the respondent Center. Ms. Gips presented a very informative seminar was unwilling to proceed with the reviewing the ADA Amendments Act and revised EEOC Title arbitration. Six matters were arbi - I regulations and how these changes are impacting ADA trated with the assistance of the implementation and enforcement. The seminar provided a cut - committee. Eight matters are still ting edge perspective about best practices in the post ADA Henry V. Boezi, III pending. The amount of fees in Amendments Act workplace. The Committee’s third CLE was Co-Chair t dispute ranged from amounts of r an ethics seminar presented by Jason Gramitt of the Ethics o p $800 to $2 7,000. Several disputes Commission. Jason led a roundtable discussion about advising e R were between lawyers who had public sector clients on compliance with Rhode Island’s Code l a been involved in the same case. We u of Ethics. Among the issues discussed was the intersection n continue to arbitrate controversies n between attorneys’ obligations under the Rules of Professional A that could have been avoided by a 2 Conduct and the Code of Ethics. In March, the Committee 1 0 well-written fee agreement, sound 2 hosted Bruce W. McIntyre, Bar Association Executive Officer - 1 billing practices, and/or better 1 and long-time public servant. Bruce presented a truly inspiring 0 lawyer and client communications. 2 talk about his background, how he came to be a government n o The proceedings are primarily in- i lawyer, and what he loves about it to this day. Bruce’s many t a i formal, serving as an alternative to accomplishments and his contributions to the Bar Association c o s litigation. Members of the Com- are a model for all attorneys, both public and private. The s A Madis Suvari mittee serve voluntarily without Committee has begun formulating its agenda for the coming r a Co-Chair compensation. They are com - year which will include more outreach to private attorneys B d mended for their service to the Bar. who advise public sector clients. The Committee thanks the n a l This program increases public con - s Bar’s Executive Officers and staff of the Bar Association for I fidence in the legal profession and accelerates fee dispute reso - e their support and assistance over the past year, helping to d o lution. However, it remains underutilized, as there are many make this a great year for the Committee. h volunteers who have offered to serve as arbitrators. R 15 Bar Association Committee Reports Insurance Programs Term Life Insurance Robert J. Gallagher & Associates’ representatives are happy The Committee on Rhode Island to review Bar members’ insurance needs. Their Affinity plan is Bar Association Insurance Pro- underwritten by ReliaStar. For more information, contact grams met regularly over the 2 011- Robert J. Gallagher, Jr., at 40 1- 431-083 7, e-mail him at rjgiggs@ 2012 year to review and recom - aol.com, or visit their website at http://www.gallagherassoc. com. mend programs of professional lia - Health & Dental bility, health, life, accident and Health and Dental Insurance is offered to Bar members who other insurance for members of the have an office located in Rhode Island. The plans are adminis - Association. Current programs tered through USI New England . Interested members include: may contact the Rhode Island Bar Association New Professional Liability Insurance Business/Renewal Assistance & Plan Options, by telephone, at 4 01-372 -1173. Stephen J. Angell Aon Attorneys’ Advantage pro - Chair gram offers professional liability The Committee continues to educate new Bar members insurance coverage sponsored by about the insurable risks confronted by them in the practice of the Bar Association. Through law. Program participants are provided with information con - a combination of Affinity Insurance Services, Inc. offices and cerning particular insurance programs endorsed by the Bar a network of Independent Territorial Administrators, Aon Association. I thank the Committee members for their many Attorneys’ Advantage program provides broad cover-age, hours of work on your behalf, and I extend a special thanks competitive rates, outstanding local service, and risk manage - to Helen McDonald and the Bar Association staff for the ment service. To learn more about the benefits and features tireless assistance they provide to the Committee and to the of the program visit the Aon website at www.attorneys- membership. advantage.com/la w. Business Owners Property & Casualty Labor and Employment Law Aon Attorneys’ Advantage, now also provides expanded cov - erage through the Aon Property and Casualty program. The Guests of the Labor and Employ- Bar-sponsored program offers property, liability, workers’ com - ment Law Committee this year pensation and other miscellaneous coverage to Bar members. provided members with a wide Aon’s access to major property casualty companies that special - range of perspectives on topics ize in this market enables them to place your coverage with an of Committee concern. Nancy insurance carrier that can provide your business with the best DiPietro of the U.S. Department and most comprehensive coverage at the most competitive prices. of Labor’s Employment Standards Administration began the year by Personal Lines Insurance leading a discussion on the Fair As a Bar member, you are invited to apply for insurance cov - t r Labor Standards Act. In February, o erage as part of the Bar Association’s Personal Lines Insurance p e Maryanne Medeiros of the U.S. Program. This valuable program gives you access to a full line R l Thomas R. Landry Department of Labor’s Occupa- a of superior, competitively-priced products from Amica u Chair tional Safety and Health Adminis- n Mutual Insurance Company including automobile, home - n tration led a discussion about A owners, life, marine and personal liability coverage. Visit 2 workplace safety and health regu - 1 0 Amica’s website at www.amica.com/ads/riba.htm. 2 lations. In March, Regional Director Rosemary Pye and other - 1 1 representatives of Region One of the National Labor Relations 0 Disability and Long Term Care 2 Massachusetts Mutual Life Insurance Company Board updated the Committee on recent Board decisions and n o i upcoming changes to Board procedures in representation t (MassMutual) is a Bar-sponsored provider of Disability a i cases. In May, the Committee was treated to a discussion led c Income Insurance and Long Term Care Insurance for Bar o s s members. Members receive discounts on these products from by former NLRB Board Member John E. Higgins and his A r MassMutual, the discounts on Long Term Care Insurance nephew, arbitrator Paul Higgins. The Committee encourages a B also extend to members’ parents, grandparents, children and any members of the Bar to participate in, and benefit from, the d n in-laws. For general product information on Disability Committee during the coming year. Toward that end, if any a l s current or new members have topics or issues for the I Income Insurance, go to: e Committee to discuss or speakers they would like to address d http://producers.halfapaycheck.com/? 1331 5; for Long Term o h Care Insurance, go to: www.massmutual.com/ribar. the Committee, please contact the Chair. R 16 Bar Association Committee Reports Lawyers Helping Lawyers Lesbian Gay Bisexual & Transgender The Lawyers Helping Lawyers The Committee on Lesbian, Gay, Bisexual & Transgender Committee met bi-monthly over (LGBT) Legal Issues continued its work promoting profes - 2011 -1 2. The Committee serves as a sional and educational opportunities for LGBT members of resource to members, providing the Rhode Island Bar Association, support and encouragement when and promoting, for all members of needed. LHL Committee volun - Michael Grabo the Rhode Island Bar Association, teers give generously of their time Co-Chair greater awareness of and educa - to help their colleagues. Their tional programs relative to the primary role is not to serve as legal issues affecting the LGBT counselor, doctor or therapist, but Susan T. Perkins community. The Committee held rather to lend an ear, provide Co-Chair regular meetings during 2 011 and Nicholas Trott Long support, encouragement and refer - 2012 at various locations in Chair ral to appropriate resources. The Providence. The Committee began the year by hosting a Association contracts with Coast- Continuing Legal Education seminar, titled Top 10 Things to line Employee Assistance Program Consider when Representing LGBT Clients . The seminar was (EAP) , formerly RIEAS (Resource International Employee presented by five expert panelists and included presentations Assistance Services), and they provide professional clinical on estate planning, partnership agreements, anti-discrimina - services including assessment and referral. The Committee tion laws, health insurance, and civil unions. To educate the commends and thanks Judith G. Hoffman, LICS W, CEA P, legal community about the recently-enacted civil unions legis - Executive Director, Coastline EA P, for her valuable contribu - lation, the Committee organized a Food For Thought seminar, tion. Several members of the bar were assisted by EAP in the titled An Overview of the Civil Union Legislation . This sem - past calendar year. Issues included depression, eldercare, alco - inar was presented by Karen Loewy, Senior Staff Attorney at hol, anxiety, divorce and addiction. The Committee focused Gay & Lesbian Advocates & Defenders in Boston. The much attention in 2 011 -1 2 on education. The Committee spon - Committee prepared a workshop, Civil Unions, Marriage, sored a program for the Annual Meeting, Coping with and Relationship Recognition for Same-Sex Couples , present - Change: What We Really Know , presented by Dr. Will Miller, ed at the Bar Association’s 2 012 Annual Meeting. The work - psychotherapist, a Campus Minister, and a hospital and police shop provided an overview of the recently enacted civil union chaplain who has worked in Community Mental Health law and an analysis of its implications for same-sex couples in Centers as well as in drug and alcohol rehabilitation programs. Rhode Island. The Committee submitted a written request to The Committee promoted the May CLE program, Dealing the Bar Association to support three bills affecting the rights with the Crisis of Suicide , which dealt with issues lawyers of same-sex couples in Rhode Island: 1) House No. 7845 and have when their desperate clients may be contemplating, or Senate No. 2504, allowing same-sex couples in Rhode Island commit, suicide. The Committee sponsored a screening sta - equal access to a civil marriage; 2) House No. 7752 and Senate tion at the Annual Meeting in partnership with Blue No. 2 510, broadening the power of the Rhode Island Family t r Cross/Blue Shield of Rhode Island, featuring free blood pres - Court to hear petitions for dissolution of marriages regardless o p sure, cholesterol, and glucose screenings. The Committee of the parties sex; 3) House No. 7753 and Senate No. 2503, e R sponsored articles and programming in the area of balance, amending the protections afforded to religious organizations l a u wellness, dealing with stress and addiction issues. In addition, under the current civil union statute. At its April meeting, the n n the Committee provided some information at the Bridge the Bar’s House of Delegates voted to support the first two bills A 2 Gap program for newly-admitted attorneys. Committee noted above. The Chairs thank the Committee members and 1 0 2 member Genevieve M. Martin’s book review of I Don’t Want the Bar Association for a successful year and look forward to - 1 1 To Talk About It , by Terrence Real, was published in the Bar continuing the work of the Committee in 2 012-2 013. 0 2 Journal. All Journal issues contain information about the n o i Lawyers Helping Lawyers Program and the SOLACE pro - t a i gram. The Committee looks forward to providing additional c o s outreach and educational programming in the coming year. s A The best way to assist lawyers with the help they need is to get r a the message out to them that help is available and confidential. B d n a l s I e d o h R 17 Bar Association Committee Reports New Lawyers Committee experienced Bar members are invited to join the Committee and participate in activity planning for the coming year. The primary objective of the New Lawyers Committee is to assist new members of the Rhode Island Probate and Trust Bar to find ways to access all the Rhode Island Bar Association The Committee on Probate and benefits has to offer. The New Trust considers proposed changes Lawyers Committee has accom - in the legal system relating to the plished this goal in several ways. probate and trust areas. The In partnership with the Bar’s Committee was active during the Executive Committee, and with current year, meeting generally the cooperation of over 20 other once each month, exclusive of the Rebecca E. Dupras Bar committees and the Bar’s summer. The Committee consists Co-Chair Public Services Department, the of over one hundred members, New Lawyers Committee held many of whom were regular atten - a fun and informative evening dees and active participants at of interactive networking with David T. Riedel Committee meetings. Several pro - friendly and helpful representa - Chair bate judges were members of the tives from the participating Bar Committee, and they provided a committees and groups. During useful perspective on Committee the event, new Bar members (with discussions. The Committee was involved in the preparation ten years or less of membership) of proposed legislation during the current session that would: learned more about Committee 1) protect existing property tax exemptions upon certain and public services offerings meet - transfers of property, including transfers to trusts; 2) increase ing with committee chairs and rep - the homestead exemption from $300,000 to $500,000 and resentatives in an informal setting. extend the exemption to trust beneficiaries or other individu - Cristen Ciresi The Committee hosted guest als occupying property; 3) exempt from attachment the pro - Co-Chair speakers offering their insight and ceeds and cash value of life insurance policies and annuity expertise. Christopher Gontarz, a contracts; 4) change the manner in which the Rhode Island partner at Updegrove & Gontarz, estate tax is calculated from an exemption (currently $892,865 concentrating his practice in the area of criminal defense, dis - with inflation adjustment) to the equivalent in an estate tax cussed his experiences, offering guidance to new lawyers credit of $99,600, which would have the effect of exempting specifically from the perspective of a criminal practitioner, estates with assets of $2,000,000 or less from estate tax and including general tips and advice as a seasoned attorney and which provide all estates (not just those less than the exemp - member of the Rhode Island Bar Association. Holly tion equivalent) the benefit of the credit; 5) provide for the t r automatic “optimum marital deduction” for documents draft - o Hitchcock, Executive Director of the MCLE program at the p e Rhode Island Supreme Court presented information on the ed prior to 1981; and 6) provide for a statutory basis for the R l new requirements for new Rhode Island Bar admittees. She technique of “decanting” irrevocable trusts. a u n provided information on the new Judiciary Attorney Portal The Committee also reviewed proposed legislation sub - n A which will be used for reporting CLE starting next year. The mitted during the current session that would, inter alia : 2 1 Committee offered a highly-popular and free CLE seminar for 1) make certain revisions to the laws regarding Probate Court 0 2 - new Bar members, View From the Bench: The Superior Court proceedings, including, specifically, claims procedure, rights 1 1 of a surviving spouse and inheritance; and 2) provide for a 0 Motion Calenda r, providing a practical understanding of the 2 remedy where corporate sureties fail to honor surety bonds. n Civil Motion Calendar through the active and generous volun- o i t teer participation of Associate Justice Brian Van Couyghen and The bills dealing with the homestead exemption, the local a i c seasoned trial attorney, Douglas J. Emanuel. Representatives property tax exemption and the exemption of the proceeds of o s s from the New Lawyers Committee also participated in the insurance policies and annuity contracts were recommended A r new, Bridge the Gap program introduced this year to new Bar for passage in the House of Representatives, as has the bill a B members as part of their admission requirements. Bridge the dealing with the inheritance options of a surviving spouse. It is d n Gap replaces the Introduction to Practice and Practical Skills uncertain whether these or any of the remaining proposed bills a l s referenced above will be enacted in the current session, since I seminar series with a day-long offering on various topics im- e d portant to new lawyers. Although the Committee’s program - the Legislature remains in session at the time of this Report. o h ming is primarily aimed at those who have been practicing for The Chair was given invaluable assistance by a number of R ten years or less, all are welcome, and both new and more Committee members, including probate judges, who made 18 Bar Association Committee Reports themselves available to review proposed legislation in the Uncontested Divorce , included three seminars: How to probate and trust area. Conduct the Initial Client Interview and Intake Conference ; Document Preparation and Filing ; and Mock Nominal Trial . All seminars were held in 2 01 2 at the Bar and scheduled for Public Services Involvement 4:00 p.m. in allowing maximum attendance. Rhode Island Family Court Judge John E. McCann, III sat as the mock trial The Public Services Involvement nominal divorce mock trial judge and kindly remained after - Committee was very active this wards to answer attorneys’ questions. The seminars received year, increasing public access to great reviews, and over forty VLP cases were placed with legal representation through the attorneys. The Committee thanks subcommittee members, Rhode Island Bar Association’s speakers and participants in this successful program. public service programs. The Com- Committee members Carolyn R. Barone, Barbara L. Margolis mittee raised concerns over the and Stephen M. Miller prepared and presented a workshop at Family Court’s requirement that the 2 01 2 Annual Meeting, Fundamentals of the Initial Client Volunteer Lawyer Program (VLP) Intervie w, aimed at benefiting all attorneys, including pro clients, who are qualified for free bono attorneys representing clients outside the Family Court. legal representation under the The Committee thanks these three, experienced individuals Christine J. Engustian same economic guidelines em- for their efforts. The Committee wholeheartedly thanks Susan Chair ployed by the Rhode Island Legal Fontaine, the Public Services Director of the Bar Association, Services, submit a motion to pro - who acts as liaison to our committee. Susan provides invalu - ceed in forma pauperis and an able assistance through her experience and knowledge of all accompanying financial affidavit to waive court filing fees and public service programs of the Bar Association. Her insight other costs. Specifically, the Committee sought the assistance facilitates the Committee’s identification of areas within these of Chief Judge Haiganush R. Bedrosian to eliminate this programs requiring its attention or issues that need addressing requirement for the Bar’s pro bono clients. The Committee is to better serve the needy people in our communities. pleased to report Chief Judge Bedrosian signed an Administrative Order on December 2 7, 2 011 (effective as of January 2, 2 01 2) stating that when the Rhode Island Bar Superior Court Bench/Bar Association has determined a client to be indigent, then that “litigant client” will not be required to file an Affidavit of This year, the Superior Court Indigency and will not be required to pay any fees to the Benc h/ Bar Committee focused its Family Court or to sheriffs for serving process. In addition, attention on drafting proposed the Order directs that cases involving pro bono clients of the amendments to the Rules of Civil Rhode Island Bar Association will be given priority on the Procedure, addressing the discov - court calendar (as long as all parties are present at that time). ery of electronically-stored infor - Although the court clerk is required to attach an orange stick - mation (ESI) . This project was t er to the outside of each case file involving a pro bono client of prompted by the growing preva - r o p the Rhode Island Bar Association, the Order instructs counsel lence of ESI in litigation, ongoing e R to advise the court at the calendar call that the client is part of changes to the Federal Rules and l a evolving case law on the discovery u the Bar’s VL P. The Committee extends its deep gratitude to n Melissa E. Darigan obligations of clients and counsel. n Chief Judge Haiganush R. Bedrosian for this Administrative A Co-Chair In undertaking its review of the 2 Order. The Committee participated in the October New 1 0 Rules, the Committee was guided 2 Lawyer Networking Event, sponsored by the Bar’s Executive - 1 and New Lawyers Committees. The Committee was repre - by the Uniform Rules on ESI 1 0 sented by its Chair and Bar VLP Coordinator John Ellis, gain - discovery promulgated by the 2 n o Uniform Rules Commission. The i ing new members for the Bar’s Public Service Programs and t a proposed amendments approved i encouraging attendees to join the Committee. The Committee c o s developed a series of family law CLE seminars to help meet by the Committee center on s Rhode Island Rules 16, 26, 33, 34, A the need for pro bono legal representation. The seminars pro - r a vided basic information for client representation in the Rhode 37, 45, and 56. Going forward, a B Committee team will work with d Island Family Court and assisted the Bar’s pro bono programs n a l by the placement of cases. A subcommittee comprised of several Superior Court justices, s I named by Presiding Justice Gibney, e Carolyn R. Barone, Deborah A. Kennedy, Barbara L. d to provide input on the project. o Margolis and Elizabeth W. Segovis was formed to establish the h topics and speakers. The series, Fundamentals of an Karen A. Pelczarski Ultimately, the Committee will R Co-Chair 19 Bar Association Committee Reports present the Rules revisions for official consideration by the Technology in the Practice Superior Court and adoption by the Supreme Court. The Committee also discussed several administrative projects The Committee on Technology in designed to improve the administration of cases at the the Practice met regularly during Superior Court, including enhancements to the Court’s web - the past year and addressed a num - site (organization of administrative and miscellaneous orders, ber of technology issues of impor - availability of court calendars, forms and templates, adding a tance to lawyers. Several members summary of decisions) and suggestions for the delivery of of the Committee undertook to judgments, executions and writs, assignment of hearings and evaluate the effectiveness of the motion calendar and trial calendar practices. Preliminary dis - websites of Rhode Island cities and cussion about these issues with Justice Gibney was positive. towns in presenting useful, timely Members of the Committee will meet with administrative information to citizens. This effort leaders of the Court to continue the dialogue. will continue in 2 012-2 013. We Peter V. Lacouture provided input on the Rhode Chair Island Bar Association’s updated Supreme Court Bench/Bar website, addressed Casemaker issues, and discussed disaster The Supreme Court Bench/Bar recovery planning. The Committee met with representatives Committee met several times to of the Rhode Island court system and provided suggestions discuss issues of relevance and regarding possible improvements to the court’s website. We importance to Supreme Court noted that the court system has made a great deal of progress practitioners and to the Court, in making information and forms available and useable on the such as potential revisions to website. The Committee suggested that the presentation of the certain Supreme Court rules motion calendar on the website be revised and discussed pos - including Rule 12(a) statements, sible rule amendments to reduce duplicate paperwork in Supreme Court briefs and oral exchanging pleadings with other lawyers. This effort will con - argument. The Supreme Court has tinue next year. The Committee sponsored two presentations the ability to notify the entire at the Annual Meeting by Robert J. Ambrogi, Esq., lawyer, John A. Tarantino Rhode Island Bar by email, journalist and media consultant. Mr. Ambrogi’s presentations Chair through its implementation of new addressed ethical issues in the use of cloud computing and the technologies and services, and to use of social media by lawyers. The Committee invites inter - provide the various courts and the ested Bar members to join and looks forward to a productive bar with updated information, to announce upcoming news 2012-2 013. and events such as annual attorney registration and the recent implementation in May, 2 012 of new attorney courthouse security cards. The Supreme Court Clerk’s Office also sends t r out electronic notification on court closures resulting from o p e inclement weather or states of emergency. The Committee R l participated in the Bar Association’s successful Networking a u Event, introducing and explaining the Committee’s profes - n n sional opportunities to new members of the Bar, as well as to A 2 others who may be interested in joining the Committee, and 1 0 2 answering any questions Bar members might have about the - 1 1 Committee and its functions. The Committee welcomes any 0 2 members of the bar who may be interested in the Committee’s n o i work to express that interest and request an appointment as a t a i Committee member. c o s s A r a B d n a l s I e d o h R 20 Bar Association Committee Reports Title Standards and Practices Workers’ Compensation Benc h/Bar The Title Standards and Practices The Workers’ Compensation Bench/Bar Committee met at Committee met nine times. the Garrahy Judicial Courthouse on the third Wednesday of Attendance continued strong with each month. Chief Judge George E. Healy, Jr. and the Court’s an average of 28 members attend - associate judges were regularly present at the meetings, giving ing each meeting. The members all Committee members an oppor - benefited from lively and informa - tunity to discuss issues arising, from tive discussions regarding new Jack R. DeGiovanni, Jr. month to month, in a candid and developments in the law and trans - Chair productive manner. At every meet - actional practice. The Committee ing, Chair Jack R. DeGiovanni, Jr. considered proposals for legisla - informs the Committee members of any updates in forms and tive change originating with our procedure utilized in the workers’ compensation practice. In Michael B. Mellion Committee, five of which were addition, he opens the floor to discuss any issue or concern Chair approved by the Committee for that may arise in representing clients, whether the employee or presentation to the Executive employer, before the Workers’ Compensation Court. A hot Committee. As of the date of publication of this summary, no topic this year was the ever-increasing importance of Medicare action has been taken on these bills. The Committee approved Set Aside Allocations on settlements before the Court. New a new standard dealing with succession of entities, revised an procedures and policies have been developed to deal with this existing standard dealing with recitals, and approved a new complex issue. There is a huge impact on the Bench, practi - practice form dealing with nominee trusts, all of which were tioners and, especially, employers and employees appearing approved by the Executive Committee after publication in the before the Workers’ Compensation Court. It is certain that the Bar Journal. The new standard adopted was Standard No. 5.7; Bench and Bar will have to work together to ensure all inter - the revised standard is Standard 8.5; and the new practice form ests are protected. Another hot topic which was discussed and is Form 11. The Committee continues to be concerned with is sure to be on the agenda come Fall 2 01 2 is electronic filing recording, abstracting and other transactional matters. The and the increased use of technology in managing the Court Committee always welcomes and considers suggestions for and attorney practice. The Committee’s popular, early improving transactional practice in Rhode Island, as it also December annual holiday gathering at Cafe 10 1 in Providence continues to improve and modernize its Title Standards and was well attended. It is one of several Committee-sponsored Practices. social events fostering civility in practice before the Court and amongst practitioners. The annual Bench/Bar golf outing was held in September at Triggs Memorial Golf Course. Judge Morin was instrumental in setting up this event. The course was exceptional, and the festivities afterward were so well received, it is the Committee’s intent to make this an annual event. We extend a very special thank you to Judge Morin for t r assisting the Committee in organizing this event and to Judge o p Ferrieri for helping promote this well-attended event. The e R Spring outing was hosted by John Cascione, Esq. at the beau - l a u tiful Segregansett Country Club in Taunton, MA , and despite n n some unsettled weather it was a well attended and successful A 2 event. Overall, it was another successful year for the Workers’ 1 0 2 Compensation Bench Bar Committee thanks to the active par - - 1 1 ticipation of the Bench and the practitioners! The Committee 0 2 looks forward to a brief respite over the summer before n o i recommencing in the Fall! t a i c o s s A r a B d n a l s I e d o h R 21 2012 ANNUAL MEETING This year’s hard-working Annual Meeting Committee, chaired by newly-elected Bar Association Secretary Melissa E. Darigan, produced an exceptionally well-received, two-day program, attended by well over 1,300 Bar members. Supported by the Bar staff, the Meeting provided an excel - lent menu of 47 workshops and practice- related product and services from over 30 exhibitors. Continuing Legal Education seminars were offered on a wide range of topics including, but not limited to: energy tax credits; the future of the legal Senior Circuit Court Judge of the U.S. District Court of profession; guardianship and adoption; Appeals Bruce M. Selya’s animal law; collaborative law; defense opening remarks drew on and plaintiff trail tactics and tips; estate his long legal and judicial planning; addressing foreclosure through experience and reflected his loan modifications; and more. All the legendary wit and command offerings were enhanced by the enthusi- of the language. astic participation of many distinguished and accomplished presenters from the Bar, the Judiciary and other professions. Recent developments in and legislation related to renewable energy in Rhode Island were reviewed by panelists (l-r) Seth H. Handy, Esq., Paul J. Roberti, Esq., and Kenneth Payne, Ph.D. Elizabeth R. Merritt, Esq. was one of the speakers at the popular Animal Law seminar guiding attendees through a wide spectrum of animal-related legal issues. Seminar presenters included (l-r) Katy A. Hynes, Esq., Sara E. Sweeney, Esq., David T. Reidel, Esq., Mark B. Morse, Esq., and Neville J. Bedford, Esq. 24 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING Past Bar President Lise M. Iwon, Nancy Fisher Chudacoff, Esq. and Jacqueline G. Kelley, Esq, offered guidance on how to avoid malpractice when drafting special needs trusts. Psychotherapist, minister, hospital and police chaplain, and stand-up comedian Dr. Will Miller delivered the Meeting’s insightful and humorous Keynote Address on coping with change. Past Connecticut Bar Association President Frederick S. Ury and Past Rhode Island Bar Association President Thomas W. Lyons, III provided valuable information and insights David Morowitz, Esq. covered a wide range of on how lawyers can plan for the trail tactics and tips for those representing the changes in the practice related plaintiff or the defense in Rhode Island Superior to globalization, technology and Court jury trials. demographics. New Bar President-Elect J. Robert Weisberger, Jr. and new Bar President Michael R. McElroy were among the many hundreds of Bar members who enjoyed Judge Selya’s opening remarks and Dr. Miller’s keynote presentation. Rhode Island Bar Journal Jul y/August 2012 25 2012 ANNUAL MEETING Peter V. Lacouture, Esq. and Robert J. Ambrogi, Esq. reviewed key applications and practical and Federal District Court Questions? – Ask the Judges featured a question and answer ethical issues associated with cloud computing in session addressing practice in the United States District Court for the District the legal profession. of Rhode Island. Standing (l-r) Gordon P. Cleary, Esq., Timothy M. Bliss, Esq., S. Michael Levin, Esq., and George E. Lieberman, Esq. and, seated, (l-r) Federal Magistrate Judge Patricia A. Sullivan, U.S. District Court District Judge William E. Smith, and U.S. District Court District Judge John J. McConnell, Jr. A distinguished panel presented an informative and insightful overview of recent civil case-related decisions issued by the U.S. and RI Supreme Courts. Anthony J. Mangiarelli, CPA, Christopher S. Gontarz, Esq. Standing (l-r) retired RI Superior Court Associate Justice Francis J. Darigan, Jr., and William J. Murphy, Esq. provided attendees with valuable Thomas M. Dickinson, Esq., and Lauren E. Jones, Esq. and, seated (l-r), RI Superior insights on setting up and maintaining a successful criminal Court Associate Justice Netti C. Vogel, RI Superior Court Associate Justice Judith law practice. Colenback Savage, and RI Supreme Court Associate Justice Francis X. Flaherty. 26 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING The Business Calendar’s evolution, expansion and utilization was discussed by speakers, standing (l-r), William M. Dolan, Esq., and Richard L. Gemma, Esq. and, seated (l-r), RI Superior Court Associate Thomas C. Plunkett, Esq., Mary Smith and John P. Capaldi, Esq. described the Justice Brian P. Stern and RI Superior Court processes and potential uses and benefits of the RI Superior Court Arbitration and Associate Justice Michael A. Silverstein. Mediation programs. Immortality and the Law – The Rising Power of the Theodore Orson, Esq., Joseph D. Whelan, Esq., Matthew J. McGowan and Carly B. American Dead , presented by Kristin N. Matsko, Esq. Iafrate, Esq. presented the second half of a two-part seminar on municipal insolvency and Ray D. Madoff, J.D. LLM, provided a fascinating and bankruptcy, focusing on collective bargaining agreements and pensions. glimpse into the law relating to those who have passed away. Rhode Island Bar Journal Jul y/August 2012 27 L SG LaPlante S owa Goldman Attorne ys at Law JOHN A. PAGLIARINI, JR., ESQ. Rhode Island Certified Tax Assessor A unique concentration in commercia l/industrial property tax appeals. Attorney to Attorney referrals 401 .273.0200 x 109 jpag @lsglaw.com Past Bar President Marcia McGair Ippolito shared a light moment with a group of Bar members. FL ORI DA LEGAL ASSISTA NCE (9 41) 928-0 31 0 mjs @fl-estateplanning.com www.fl-estateplanning.com Estate Planning Probate Administration Probate Litigation Elder Law Corporate Law Real Estate Closings Jessica Young and Lino Almeida talked to Meeting attendees about the many benefits of the American Marc J. Sos s, Esquire Bar Association’s, Rhode Island Bar Association- sponsored, ABA Retirement Fund. 28 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING SNAPSHOTS The Meeting serves as a great place for Bar members to bond with their colleagues. Martha A. Holt, Esq., and Barbara L. Margolis, Esq. connected during an Annual Meeting break. Rhode Island Bar Journal Jul y/August 2012 29 Two Mediators, Two Viewpoints – for the best resolution. Partners in Mediation offers a lawyer/therapist team approach, combining Nancy Johnson Gallagher, LICSW the experience of family law attorney and Jeremy W. Howe, JD Jeremy Howe with the therapy experience of Nancy Johnson Gallagher. FAMILY & DIVORCE MEDIATION ELDERLAW & PROBATE MEDIATION FAMILY COURT ARBITRATION Call 401.841.5700 SUPERIOR COURT MEDIATION & ARBITRATION or visit us online at PENSION MEDIATION CounselFirst.com PARTNERS IN MEDIATION IN NEWPORT, RI: IN NORTH KINGSTOWN, RI: 55 Memorial Boulevard, #5 1294 Tower Hill Road Exhibitors Jesse Curry, Emily Rastiello and Brian K. Ahrens represented Aon Attorney Advantage program offering professional liability insurance coverage sponsored by the Rhode Island Bar Association. Call us today to learn how our qualified business valuators have helped clients with: • Mergers/acquisitions • Divorce asset allocation • Business purchase/sale • Adequacy of insurance • Succession planning or • Litigation support buy/sell agreements • Financing • Estate and gift taxes • Mediation and arbitration Want a qualifed, expert business valuation? Count on us. William J. Piccerelli, CPA, CVA N John M. Mathias, CPA, CVA N Kevin Papa, CPA, CVA 144 Westminster Street, Providence, RI 02903 N 401-831-0200 N pgco.com 30 Jul y/August 2012 Rhode Island Bar Journal 2012 ANNUAL MEETING SNAPSHOTS Past Bar President Lise M. Iwon with Civil Unions, Marriage and Relationship Recognition for Same-Sex Couples seminar speaker Karen Loewy, Esq. Bar President William J. Delaney expressed his gratitude for the support he received during his Presidency, praising the practice of law and the members of the Bar Association. There’s only one ... RI Zoning Handbook, 2d by Roland F. Chase, Esq. • Completely revised • 340 pages • Comprehensive text-and-footnote analysis of Rhode Island zoning law, plus federal zoning law (new!) • Kept up to date with annual supplements • Table of Cases • Table of Statutes • Exhaustive index • $80.00 plus $5.60 tax • No shipping charge for pre- RI Supreme Court Chief Justice paid orders. Further information and order form at www.rizoning.com. Paul A. Suttell delivered his State of the Judiciary Address at the Chase Publications, Box 3575, Newport, RI 02840 Friday Annual Meeting Luncheon. Rhode Island Bar Journal Jul y/August 2012 31 LAW OFFICE OF 226 South Main Street ENRY . OEZI III, P.C. Providence, RI 02903 H V B (401) 751-5522 U.S. TRADEMARK SEARCHES AND REGISTRATIONS Mediation U.S. COPYRIGHT SEARCHES AND REGISTRATIONS FAMILY DISPUTES U.S. PATENT SEARCHES DIVORCE AND SEPARATION DOMAIN NAME REGISTRATION DOMESTIC MATTERS AND DISPUTE RESOLUTION Gain a new perspective on divorce and INTELLECTUAL PROPERTY family disputes. Mediation is a cost and time LITIGATION efficient way to resolve domestic relations matters. A fulfilling advantage to the personal resolution M.I.P. – MASTER OF of your dispute. INTELLECTUAL PROPERTY 67 CEDAR STREET SUITE #105 Dadriana A. Lepore, Esq. P ROVIDENCE, RI 02903 LL.M., Alternative Dispute Resolution VOICE: 401.861.8080 FAX: 401.861.8081 Benjamin Cardozo School of Law EMAIL: [email protected] DLEPORE @COIALEPORE.COM WEBSITE: www.hvbiiilaw.com East Providence Office Suite BANKRUPTCY Available Revens, Revens & S t. Pierre Second floor, newly-renovated, professional, office space James E. Kelleher in historic building, approx. 800 plus square feet, with: four rooms; 946 Ce nt erville Road secretary/reception; Warwick, RI 02886 conference room with elegant columns; conference table; (4 01) 822 -2900 telephone small office; and larger office. (4 01) 82 6-3245 facsimile Ideal for law office, accountant, jamesk @rrsplaw.com email real estate or other appropriate professional. Includes heat. Attorney to Attorney Consultations/Referrals Contact Jean at (401) 434-7665 Rental amount negotiable 32 Jul y/August 2012 Rhode Island Bar Journal Our Local Hero: Bruce W. McIntyre, Life-Saver and Bar Officer The sea was angry on Saturday, June 3, 2012. It was a dark and stormy day, with winds howling out of the South- east and huge, breaking waves. Rhode Island Bar Association Officer and Jamestown resident Bruce W. McIntyre, out walking his dog, spotted a vessel in distress off the rocky and treacherous shore of Beavertail Point. With a Coast Guard boat vainly trying to provide assistance in the wild seas, Bruce cap - tured the unfolding crisis in dramatic photographs, then rushed to the water - line and, buffeted by the wind and the salt spray, helped haul a survivor to safety. The combination of heroism and photographic artistry was heralded by the Providence Journal , and in a Rhode Island Senate Resolution, “Honoring Bruce McIntyre for His Heroic Actions.” The Bar salutes Bruce! Rhode Island Bar Journal Jul y/August 2012 33 EXPERIENCED, THOROUGHLY PREPARED & SUCCESSFUL TRIAL ATTORNEY Since 1984, I have been representing people who have been physically and emotionally harmed due to the criminal acts or negligence of others. I have obtained numerous million dollar plus trial verdicts and many more settlements for victims of birth injury, cerebral palsy, medical malpractice, trucking and construction accidents. Between the criminal and civil cases I have been lead counsel in over 100 jury trial verdicts. My 12 years of working in 3 different prosecutors’ offices (Manhattan 1982-84; Miami 1984-88, R.I.A .G . 1988-94) has led to my enduring commitment to seek justice. I welcome your referrals. My case load is exceptionally small. I do and will continue to personally handle every aspect of your client’s medical malpractice or serious personal injury case from beginning to end. THE LAW OFFICE OF DAVID MOROWITZ, LTD. www.morowitzlaw.com 155 SOUTH MAIN ST., SUITE 304, PROVIDENCE, RI 02903 (401) 2 74-5556 (401) 273-8543 FAX I am never too busy to promptly return all phone calls from clients and attorneys. 34 Jul y/August 2012 Rhode Island Bar Journal New Bridge the Gap Mandatory CLE for New Attorneys Debuts in April The new Bridge the Gap Mandatory Continuing Legal site. The program featured a series of educational seminars, Education Program* is specifically designed to help new taught by a stellar panel of experienced Rhode Island attor - Rhode Island attorneys make a smooth transition from law neys, providing information and insights on a wide range of school to law practice. The one-day program was first topics. Over 60 attendees were welcomed by Rhode Island offered live in April, and also through an on-demand broad - Supreme Court Chief Justice Paul A. Suttell and Bar cast, made available after the seminar, through the Bar’s web - President William J. Delaney. *Pursuant to the Rhode Island Supreme Court order all new attorneys licensed in Rhode Island, who are sworn in less than three years in another jurisdiction, must complete the Bridge the Gap program. The program must be completed by June 30, 2013 for those sworn in January 1, 2011-June 30, 2012. An on-demand broadcast of this program was made available after the seminar date at www.ribar.com and additional live programs will be offered in the fall for those unable to attend on April 27. Registration for the on-demand program must be completed online. Michael T. Lahti Maria H. (Mia) Lahti Admitted to Practice Admitted to Practice In RI, MA & FL In RI & MA Certified Elder Focusing on Probate Law Attorney and LLM in Estate Planning Guardianship Issues Stephen T. O’Neill Admitted to Practice in RI & MA Fellow of the American College of Trust and Estate Counsel 1 Richmond Square, Suite 303N, Providence, RI 02906 Telephone 401-331-0808 Additional Offices in New Bedford and West Harwich, Massachusetts WWW.LLO LAW.COM Attorney to Attorney Consultations / Referrals Rhode Island Bar Journal Jul y/August 2012 35 Lawyers on the Move Richard K. Corley, Esq. moved the law offices of Corley & Associates to 4060 Post Road, Warwick, RI 02886. 401-272-1700 Patricia Coyne-Fague, Esq. was promoted to Assistant Director of Administrative Services for the Rhode Island Department of Corrections. Anthony S. Buglio, Esq. is now with the law firm of Marasco & Nesselbush, LL P, 685 Westminster Street, Providence, RI 02903. 401-274-7400 abuglio @m-n-law.com Mark H. Grimm, Esq. is now Senior Trial Counsel at Marasco & Nesselbush, LL P, 685 Westminster Street, Providence, RI 02903. 401-274-7400 mgrimm @m-n-law.com Amy Kullenberg, Esq. is now Staff Workers’ Compensation Attorney at the Conservation Law Foundation , 55 Dorrance Street, Providence, RI 02903. Injured at Work? 401-351-1102 akullenberg @clf.org www.clf.org Miriam A. Ross, Esq. received the U.S. Accepting referrals for workers’ Small Business Administration’s 2012 Rhode Island and New England compensation matters. Woman in Business Champion award. Robert Ellis Smith, Esq. , publisher of Privacy Journal newsletter and Providence lawyer, is teaching a Call Stephen J. Dennis Today! course on the law of privacy at Roger Williams University this fall and a 1-888-634 -1543 or 1-40 1-453 -1355 summer course for high school stu - dents at Brown University, How the Legal System Works . David W. Zizik, Esq. , of Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. , 40 Westminster Street, Suite 201, Providence, RI 02903, was elected 2012-2013 President-Elect of the Association of Defense Trial Attorneys. 401-421-1238 dzizik @zizikpowers.com www.zizikpowers.com For a free listing, please send informa - tion to: Frederick D. Massie, Rhode Island Bar Journal Managing Editor, 109 Larchmont Road Warwick, Rhode Island 02886 via email at: fmassie @ribar.com, or Tel: 4 01- 439-9023 by postal mail to his attention at: Lawyers on the Move, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903. 36 Jul y/August 2012 Rhode Island Bar Journal Bar’s Volunteer Lawyer Program and RWU School of Law Provide Free Family Mediations Front row l-r: Roger Williams University School of Law (RWUSL) student Lauren Casola; RWUSL Clinic Administrator Margie Caranci; RWU student Lindsey Hanson. Middle Row l-r: New England Law School Student Jarad Lepore; RI Family Court Clerk Cheryl Witt; RWUSL student James Rhodes; RWUSL Professor Bruce Kogan; RWUSL student Chafic George; Mary Kay Stewart, Esq. Back Row l-r: Aaron Greenlee, Esq.; RWUSL student Sean Doherty; RWUSL student Angie Tinsman; RWUSL student Brian Tavares; Neville Bedford, Esq.; Dadriana Lepore, Esq.; RWUSL student Christopher Selig. Attorneys from the Bar’s Volunteer Lawyer Program (VLP) and the Roger Williams School of Law (RWUSL) Mediation Clinic students, under the supervision of Professor Bruce Kogan, partnered for a Family Law Mediation Day Clinic at the Bar Association in Providence. Eight couples received pro bono mediation services and referred to VLP attorneys to finalize the process. This collaborative effort began pro - viding alternative legal assistance to low income litigants with uncontested or nominal matters in 2010, and now Roger Williams University School of Law students Angie Tinsman and offers clinics twice a year. James Rhodes working with a couple at the mediation clinic. Live! From the Bar! It’s CLE Seminar Simulcasting! The Rhode Island Bar Association is now presenting live, watching pre-recorded CLE seminars via the streaming-video simulcasts, on the web, of designated web – as opposed to real-time, live, streaming Continuing Legal Education (CLE) . Throughout the year, video simulcast CLE seminars – remains in effect. selected CLE seminars are offered as both in-person class - Self study seminars, including those in podcasts, room programs and as real-time, live, streaming-video simul - dvds, cds, and stand-alone, printed transcripts of casts on the web. For those choosing simulcasts, CLE seminar seminars, do not receive CLE credit. course materials are included in a PDF format. To find out which Bar CLE seminars are available as simul - Except where the RI Supreme Court’s carryover credit limita - casts, please check the CLE Calendar available on the Bar’s tion applies, there is no limit to the number of credits Bar website at www.ribar.com. If you have any questions about members may accrue by participating in real-time, live, the Bar’s CLE seminars, please contact the Bar’s CLE office streaming-video simulcasts of CLE seminars. However, the by telephone: 401-421-5740 or email: tnieves @ribar.com . 3.0 credit limit, established by the RI Supreme Court for Rhode Island Bar Journal Jul y/August 2012 37 SOLACE SOLACE, an acronym for Support of Helping email network where members may then Lawyers, All Concern Encouraged, is a Bar Members respond. On a related note, members using new Rhode Island Bar Association program SOLACE may request, and be assured of, allowing Bar members to reach out, in a in Times anonymity for any requests for, or offers of, meaningful and compassionate way, to their of Need help. colleagues. SOLACE communications are To sign-up for SOLACE, please go to through voluntary participation in an email- the Bar’s website at www.ribar.com , login to based network through which Bar members may ask for help, the Members Only section, scroll down the menu, click on the or volunteer to assist others, with medical or other matters. SOLACE Program Sign-Up , and follow the prompts. Signing Issues addressed through SOLACE may range from a need for up includes your name and email address on the Bar’s SOLACE information about, and assistance with, major medical problems, network. As our network grows, there will be increased opportu - to recovery from an office fire and from the need for temporary nities to help and be helped by your colleagues. And, the SOLACE professional space, to help for an out-of-state family member. email list also keeps you informed of what Rhode Island Bar The program is quite simple, but the effects are significant. Association members are doing for each other in times of need. Bar members notify the Bar Association when they need help, These communications provide a reminder that if you have a or learn of another Bar member with a need, or if they have need, help is only an email away. If you need help, or know something to share or donate. Requests for, or offers of, help another Bar member who does, please contact Executive Director are screened and then directed through the SOLACE volunteer Helen McDonald at [email protected] or 401.421.5740. WP Outsource A Word Processing Service Bureau On Shore * On Call 24/7 Transcription Services / Document Preparation DAVI DW. Data Entry DUMAS Material Accepted on Tape, Digitally or In Hand Pickup and Delivery ______ www.wpoutsource.com * [email protected] , 401-742-2655 Fax 401-816-0231 , - High End Value Calart Tower Providence address, Cranston convenience (401) 965-7771 -- SelectSuites Shared office environments 38 Jul y/August 2012 Rhode Island Bar Journal Do you or your family need help with any personal challenges? We provide free, confidential assistance to Bar members and their families. Confidential and free help, information, assessment and referral for personal challenges are Neville J. Bedford, Esq. 709-4328 available now for Rhode Island Bar Association members and their families. This no-cost Henry V. Boezi III, Esq. 861-8080 assistance is available through the Bar’s contract with Coastline Employee Assistance David M. Campanella, Esq. 273-0200 Program (EAP) and through the members of the Bar Association’s Lawyers Helping Lawyers (LHL) Committee. To discuss your concerns, or those you may have about a colleague, Diana Degroof, Esq. 274-2652 you may contact a LHL member, or go directly to professionals at Coastline EAP who provide Sonja L. Deyoe, Esq. 437-3000 confidential consultation for a wide range of personal concerns including but not limited to: Kathleen G. DiMuro, Esq. 944-3110 balancing work and family, depression, anxiety, domestic violence, childcare, eldercare, grief, career satisfaction, alcohol and substance abuse, and problem gambling. Jeffrey L. Koval, Esq. 230-7277 Nicholas Trott Long, Esq., Chairperson 351-5070 When contacting Coastline EA P, please identify yourself as a Rhode Island Bar Association member or family member. A Coastline EAP Consultant will briefly discuss your concerns to Genevieve M. Martin, Esq. 274-4400 determine if your situation needs immediate attention. If not, initial appointments are made Dennis J. McCarten, Esq. 965-7795 within 24 to 48 hours at a location convenient to you. Please contact Coastline EAP by tele - Daniel P. McKiernan, Esq. 223-1400 phone: 401-732-9444 or toll-free: 1-800-445-1195. Joseph R. Miller, Esq. 454-5000 Lawyers Helping Lawyers Committee members choose this volunteer assignment because they understand the issues and want to help you find answers and appropriate courses of Henry S. Monti, Esq. 368-9913 action. Committee members listen to your concerns, share their experiences, offer advice Roger C. Ross, Esq. 723-1122 and support, and keep all information completely confidential. Adrienne G. Southgate, Esq. 301-7823 Please contact us for strictly confidential, free, peer and professional assistance Ms. Judith G. Hoffman, 732-9444 with any personal challenges. LICSW, CEAP, Coastline EAP or 800-445-1195 Lawyers Helping Lawyers Committee Members Protect Your Privacy MARK A. PFEIFFER Alternative Dispute Resolution Services TITLE CLEARING ______www.mapfeiffer.com QUIETING TITLE Bringing over three decades of experience as a Superior Court ACTIONS judge, financial services industry regulator, senior banking officer, and private attorney to facilitate resolution of legal disputes. ARBITRATION MEDIATION PRIVATE TRIAL Roger C. Ross (4 01)78 7-6995 / [email protected] / 86 State Street, Bristol, R.I. 02809 Blais Cunningham & Crowe Chester, LLP 127 Dorrance S treet 150 Main Street All Inclusive Class A Office Space Pawtucket RI 02860 Absolutely beautiful Multiple individual offices Full service offices include professional office available in different Utilities, Receptionist, Heat, TELEPHONE: (4 01 ) 723 -11 22 space located at sizes. Large Conference Electric, Cox Internet, Copier FAX: (4 01 ) 726- 6140 127 Dorrance Street, room with library and and Fax. Rents range from EMAIL: rross @blaislaw.com Providence (Directly Palladian windows. $475 month to $750 month next door to the Interior glass windows (all inclusive) depending on Garrahy Courthouse). throughout office. size of office. (4 01 ) 580-4 511 Rhode Island Bar Journal Jul y/August 2012 39 In Memoriam John F. Bomster, Esq. John F. Bomster, 77, passed away on Florida April 24, 2012. He was born in New Haven, CT to Cyril I. and Helen Legal Assistance Statewide O’Meara Bomster. He graduated from Branford High School in 1952, and served in the U.S. Army from 1953 to 1955. He attended night school at the University of Bridgeport and graduated Edmund C. Sciarretta, Esq. Magna Cum Laude in 1961 with a B.A. in economics. He attended night Suffolk Law 1970 school at the University of Connecticut School of Law and graduated first in his class in 1965. He worked in the legal department of the New York, PERSONAL INJURY New Haven and Hartford Railroad. In 1970, he became a corporate counsel WORKERS’ COMPENSATION for the trustees of the Penn Central • Railroad, in Philadelphia. In 1972, he REAL ESTATE CLOSINGS TITLE INSURANCE and his family moved to Rhode Island, PROBATE ADMINISTRATION where he joined the Providence law firm of Adler Pollock Sheehan, P.C. He PROBATE LITIGATION directed the litigation department and became managing partner of APS . He MARITAL & FAMILY LAW • GUARDIANSHIP moved to New Hampshire in 1995 where he remained Of Counsel to BANKRUPTCY • CRIMINAL LAW APS . He also worked as a solo practi - tioner and provided counsel to New Hampshire Legal Assistance. He served as a Selectman for the Town of Sciarretta & Mannino Bristol, NH. He argued a case before the U.S. Supreme Court and was a Attorneys at Law member of the American Bar Associa- tion Litigation Section, as well as the 7301A West Palmetto Park Road • Suite 305C Rhode Island, Connecticut, Maine, New Hampshire, Pennsylvania, and Boca Raton, Florida 33433 Rhode Island Bar Associations. His honors include a Special Five-Year 1-800 -749-9928 • 561/338-9900 Award from New Hampshire Legal Assistance in 2001 Award on Behalf of New Hampshire Children from New Hampshire Legal Assistance, 2005 Distinguished Service to the Profession Award from the New Hampshire Bar JOSEPH A. KEOUGH Association, 2006 Distinguished Alumni Award from the University Retired M agistrate Judg e/ of Bridgeport, 2008, and the Award Rhode Island Superior Court of Merit from the Rhode Island Bar Association, 2010. A lifelong sailor, his Is Now Available For hobbies also included skiing, playing the piano, reading classic literature, Me diat io n & Ar bitrat io n Serv ices and competitive equestrian events, Torts, Business Disputes, Domestic Matters where he attained master level in dres - sage. He served as lector and choir 110 Armistice Boulevard, Pawtucket, RI 02860 member at numerous Roman Catholic (401) 724-3600 jakemas [email protected] parishes, including St. Lukes, in Barrington, RI, and most recently Alternate Dispute Resolution 40 Jul y/August 2012 Rhode Island Bar Journal YYoou wwaant it. Holy Trinity, in Bristol, NH. He is survived by his wife of 57 years, Sonya Bodie Bomster, sons: Mark WWee have it. of Baltimore, MD , and Matthew of Providence, RI, daughters: Johannah Guardian Disability Income Insurance Bomster of Minneapolis, MN , Rebecca Perkins of Porter, ME , and Judith 10% discount to RI Bar Members Bomster of Manchester, NH, and two brothers: William Bomster of As a legal professionasional, you may have begun to thinknk you'd never be able Stonington, CT, and David Bomster to find the kindd off high-quality disability income coc verage you need. of No. Stonington, CT. Coverage that includes: Herbert Katz, Esq. efit paayments when you can't work at youour own occupation - Herbert Katz, a resident of Rumford even if you can work at another one for 53 years, passed away on April 24, -cancellablellable and guarantteed renewwabblle tto age 65 2012, at the age of 91. He was the verr off premiums during disability benefit period beloved husband of Gertrude M. Markman Katz. Born in Pawtucket, he If this sounnds like the kind of disability protection you've been was a son of the late Henry H. and ORRNLQJ IRU DQG \RX¶G OLNH WR GLVFXVV \RXU RSWLRQV RU MXVW OHDUQ Rose Millman Katz. Herbert received more about it, please call: a bachelor’s degree in political science at Brown University and a law degree Robbert J. Gallagher & Associates, Inc. at Boston University. He served in the A Reprreseesentative of Guardiann U.S. Army during World War II and Robert J. Gallagher, Jr., CLU, CChFC the Korean War, achieving a rank of Ageg nt 1st Lieutenant. He practiced law in P.O. Box 154467 Pawtucket for over fifty years. He was Riverside, RI 02915 a past president of the Pawtucket Bar 401-431-0837 Association and a member of the Rhode Island Bar Association for over rrjgiggs@[email protected] sixty years. He was a former probate judge of the City of East Providence. Herbert was a life member of the Disabled War Veterans. He was a member of Temple Beth-El and an associate member of Hadassah. Along with his wife, he is survived by his son Henry H. Katz, Esq. and his wife Disability income products underwritten and issued by Berkshire Life Insurance Company of America, Pittsfield, MA a wholly owned stock subsidiary of Patricia. The Guardian Life insurance Company of America, (Guardian) New York, NY. Products not available in all states. Product provisions and features may very from state to state John Vaughan Kean, Esq. John Vaughan Kean, 95, of 355 Blackstone Boulevard, Providence, and 518 West Main Road, Little Compton, passed away on June 4, 2012. He was born on March 12, 1917, the son of Otho Vaughan and Mary Duell Kean and lived in Rhode Island most of his Off ice Spac e Avai lable life. His education included Loomis Within Existing Law Office School, Windsor, CT, Harvard College, and Harvard Law School. He was also a graduate of the Army War College. AMENITIES CONTACT Upon graduation from law school, Recepti on ist • Con feren ce Room s Jim G old man John was engaged as an associate by Copi er • Park ing 51 Jeffer son Bou levar d the Providence law firm of Edwards & Angell. He later became a partner Se cre tar ial S tati on s • F ili ng C abi ne ts War wic k, Rho de Isl an d and, for several years, chairman of the Grea t Lo cati on 401 -781 -4200, ex t. 11 Rhode Island Bar Journal Jul y/August 2012 41 Bankruptcy In Memoriam (continued) firm’s executive committee. He was Is There Any Relief for admitted to the Rhode Island Bar in May 1942 and, except for periods of Your Clients? Yes! active military service, remained in the active practice of the law in the state and federal jurisdictions until his Call Stephen Today! retirement from the firm in 1987. During World War II, he enlisted in 401-49 0- 4900 the Army, completed officer candidate school, attended the U.S. Army Now Accepting Referrals for Chapter 7 Command and General Staff College, & Chapter 13 Bankruptcy Matters. and served overseas in India and China. After the war, he joined the 43rd Division Artillery of the Rhode Hello. My name is Attorney Stephen P. Levesque. I provide Chapter 7 & Chapter 13 Island National Guard and, as a mem - Bankruptcy services to RI and MA residents. Unfortunately, most people in financial ber of the Division’s General Staff, distress are at their wits end. Send your clients to a safe, professional environment. served overseas in Germany during the early years of the Korean Emergency. They will be greeted at the door by a live person and someone is always on hand to He remained in the National Guard answer the phone. Feel free to attend the meeting or even participate in the filing as a senior officer in command and process. Fees are affordable and based on your client’s financial situation. Your client staff assignments until his retirement will remain your client. And when it’s over they will thank you that you sent them to in 1972, having attained the rank of Brigadier General. His decorations see me. My office is easy to find with plenty of parking. included the Legion of Merit. He had numerous civic and philanthropic in- terests including, among others, many Stephen P. Levesque years of assistance to high school stu - dents with respect to college admis - Attorney at Law sions and financial aid; active partici - pation in the Greater Providence YMCA 160 Burnside Street as a director, as well as chairman, of Cranston, RI 02 91 0 its Downtown division; the Alexis de Tocqueville Society of the United 401-490 -4900 (t) Way; the Urban League; and the Nature 401-490 -49 01 (f) Conservancy. He attended Grace Church and Saint Martin’s Church in www. SPLLA W.com Providence and Saint Andrew’s-by-the- Kerri @spllaw.com Sea in Little Compton. Other active memberships and interests included the Anita @spllaw.com American and Rhode Island Bar Asso- ciations, the Association of the U.S. Army, National Guard and Reserve Officer Associations, the Rhode Island Society of the Cincinnati (Hon. Member), the Society of Colonial Wars in Rhode Island, the Harvard Club of Rhode Island (of which he was presi - PELLCORP INVESTIGATIVE GROUP, LLC dent 1964-66), and the Providence Committee on Foreign Relations (of Private Investigations which he was chairman 1994-2000). At the time of his death, he was also a member of Agawam Hunt, the Hope Edward F. Pelletier III, CEO Club, the Providence Art Club, the Sakonnet Golf Club, the Warren’s Point Beach Club, and the Army and (401) 965-9745 Navy Club (in Washington, D.C. ). www.pellcorpinvestigativegroup.com 42 Jul y/August 2012 Rhode Island Bar Journal Charles A. Nardone, Esq. Charles A. Nardone, 79, passed away on April 19, 2012. Born in Westerly, he was the son of the late Sabino and Mary Nardone. He attended the Immaculate Conception School, Westerly High School and the Univer- Structuring tax-defe rred exchanges sity of Rhode Island, receiving his law throughout the U.S. degree from Boston University Law School. After serving in the U.S. Army, with Integrity and Expe rience he practiced in Westerly, moving from solo to a partner in Nardone, Turo Charles J. Ajootia n, Es q. & Nacarato, retiring after 38 years of practice. He served as attorney for President and Counsel R the Westerly Fire District, Municipal Conservation Commission Chairman, Rhode Island’s leading Intermedia ry since 199 7. founder and first president of the RI Conveyancers Association, president and treasurer of the Washington County Bar Association, RI Mobile Sportsfishermen’s counsel, local coun - sel to several banks, and as a charter member of the Rhode Island Bar Association’s Title and Standards Committee. He enjoyed spending the winter at his ranch in Oatmeal Texas, and he was an avid water and outdoor sportsman. He organized the largest Nardone family reunion, attendee by 385 family members. He is survived by his loving and devoted wife Nelda, his Office Space to share – sister Angela Dolly Wardman, and his three children: Charles Mark and his wife Rose of Lakewood Ranch, FL ; 615 Jefferson Blvd. Andy of Wendell, MA ; and Cynthia Cooke and her husband Jeff of Warwick Royalston, MA . Hon. Gordon M. Smith Gordon M. Smith passed away on Come join Attorneys JULIE A. BRUNO and JOSEPH J. RANONE March 30, 2012. He was the beloved husband of Patricia A. Hart Smith. in a shared office environment on the very popular and busy Jefferson Born in Providence, a son of John Blvd. in Warwick (across from the new commuter rail and minutes from Smith, Jr. of West Warwick and the late Lorna T. Lautieri Smith, he was a T.F. Green Airport). lifelong resident of West Warwick. Mr. Smith was an attorney for many years We recently remodeled 1800 sq. ft. of office space to create a relaxed before being sworn in as a Magistrate and professional work space. We spared no expense to provide you a of the Superior Court. He was a grad - uate of West Warwick High School, rich and elegant, brand new, private office with flat screen television, Rhode Island College and Suffolk state of the art computer and telephone electronics, shared waiting University Law School. He was a for - room, receptionist, conference room, private bathrooms, full kitchen/ mer prosecutor for the Town of West Warwick, member and one-time chair - break room and plenty of space for your staff and your files. man of the West Warwick Democratic Committee, a member of the West Call 401-921-5200 for more information. Available immediately. Rhode Island Bar Journal Jul y/August 2012 43 IfIf yyouyourour cclientlient nneedseedsds aann In Memoriam (cont.) eexpertxperrtt bubusinessusiness vvavaluation…aluuaaattion… ccallall iinn a realreal eexpert.xperrtt. Warwick Lions Club, Sons of Italy, OverOver 22,500,55000 accurate,accurate, iindependentndependent andand defendabledefendable valuationsvaluations providedprovided sincesince Natick Lodge, Natick German thethe earlyearly 1980s.1980s. DecadesDecades ofof experienceexperience inin bothboth benchbench andand juryjury trials.trials. Club and a former member of West Warwick Lodge of Elks. He was an avid traveler, a NY Yankees and NY Giants fan and loved his dog LeoLeo J.J. DDeLisi,eLisi, Jr.,Jr., Fallon. Besides his wife and father ASA,ASA, MMCBA,CBA, ABARABAR he leaves two brothers, John W. Smith and his wife Janet of Warwick and Timothy M. Smith AccreditedAccredited SeniorSenior AppraiserAppraiser of Portsmouth. MasterMaster CertifiedCertified BusinessBusiness AppraiserAppraiser AAccreditedccredited iinn BBusinessusiness AppraisalAppraisal ReviewReview Please contact the Rhode Island FFellow,ellow, AAmericanmerican CCollegeollege ooff ForensicForensic ExaminersExaminers Bar Association if a member you VValuingaluing BusinessesBusinesses sincesince 19841984 know passes away. We ask you to accompany your notification with an obituary notice for the Rhode www.DeLisiAndGhee.comwww.DeLisiAndGhee.com Island Bar Journal. Please send mem - ber obituaries to the attention of Frederick D. Massie, Rhode Island 989989 ReservoirReservovoir AAvAvenuevenue BUSINESSBUSINESS VVAVALUATIONSALUAATTIONS Cranston,Cr anston, RRII 0029102910 Bar Journal, Managing Editor, 401.944.0900401.944.0900 AARERE AALLLL WWEE DDO.O. AALLLL DDAY.AAYY. 115 Cedar Street, Providence, [email protected]@DeLisiAndGhee.com EVERYDAY.EVERYDAY.. Rhode Island 02903. Email: fmassie @ribar.com, facsimile: 401-421-2703, telephone: 401-421-5740. RH ODE ISLAND PRIVATE DETECTIVES & New Name, Same PROTECTIVE SERVICES LLC Excellent, and Free, Former Federal Agents & Police Investigators Confidential Assistance Licensed in RI & MA for Bar Association Members and * INVESTIGATIONS Their Families * ARMED SECURITY For many years, the Bar Association has * FINGERPRINT SERVICES provided members and their families with free and totally confidential assessment and referral services for any personal issues through its contract with Resource Henry Roy, Senior Partner Napoleon Brito, Managing Partner International Employee Assistance Services. The service remains same but the organi - www.riprivatedetectives.com zation has changed its name to Coastline www.RIbodyguard.com Employee Assistance Program (EAP) . Ms. Judith Hoffman remains our contact One Richmond Square Suite 125B (401) 421-5705 person at Coastline EA P, and you are wel - Providence, Rhode Island 02906 info @riprivatedetectives.com come to telephone her or her colleagues at: (401) 732-9444 or 800-445-1195. 44 Jul y/August 2012 Rhode Island Bar Journal Memoriam July 2011 – June 2012 WORKERS’ COMPENSATION Edmund C. Bennett, II, Esq. George C. Berk, Esq. Revens, Revens & S t. Pierre John F. Bomster, Esq. Robert Burnett, Esq. Christopher T. DelSesto, Esq. Robert Justin Dumouchel, Esq. Charles Gurney Edwards, Esq. Robert N. Greene, Esq. Jeffrey J. Greer, Esq. John J. Hardiman, Esq. Louis V. Jackvony, III, Esq. Herbert Katz, Esq. John Vaughan Kean, Esq. Margaret Agnes Laurence, Esq. Michael A. St. Pierre John Charles Levanti, Esq. 946 Ce nt erville Road, Warwick, RI 02886 Jennifer L. Madden, Esq. Charles H. McLaughlin, Sr., Esq. telephone: (4 01) 822 -2900 facsimile: (4 01) 82 6-3245 Julius C. Michaelson, Esq. email: mikesp@rrspla w.com Charles A. Nardone, Esq. Donald J. Nasif, Esq. Attorney to Attorney Consultations/Referrals G. Scott Nebergall, Esq. Hans Peter Olsen, III, Esq. Steven W. Pennacchini, Esq. Hon. Robert J. Rahill Elliott A. Salter, Esq. Augusto W. SaoBento, Esq. Albert D. Saunders, Jr., Esq. Hon. Gordon M. Smith Milton Stanzler, Esq. SOCIAL SECURITY DISABILITY Hon. Bruce Sundlun James L. Taft, Jr., Esq. Michael J. Underhill, Esq. MEDICAL MALPRACTICE Donna M. Nesselbush Joseph P. Marasco Mariam A. La voie Joseph P. W ilson Mark H. Grimm Jennifer L. Belanger Paul E. Dors ey A. Chace Wessling Timothy P. Lynch Jane E. Duket Kyle E. Posey David H. Leveillee Atto rney Refer rals Welcome WW W.M-N -L AW.COM Rhode Island Bar Journal Jul y/August 2012 45 Publish and WORKERS’ COMPENSATION Prosper in t he AND SOCIAL SECURITY Rhode Island CONSULTATION Bar Journal ALBERT J. LEPORE, JR. The Rhode Island Bar Journal is one of the Bar Association’s best means of sharing your knowledge and COIA & LEPORE, LTD. experience with your colleagues. Every year, attorney authors offer 226 SOUTH MAIN STREET information and wisdom, through PROVIDENCE, RI 02903 scholarly articles, commentaries, book reviews, and profiles, to over 4 01- 751- 5522 6,000 subscribers in Rhode Island and around the United States. In www.Coialepore.com addition to sharing valuable insights, authors are recognized by readers Email: aleporej @coialepore.com as authorities in their field and, in many cases, receive Continuing Legal Education (CLE) credit for their published pieces . The Bar Journal ’s Attorney-to -A ttorney Referrals 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 con - tact the Rhode Island Bar Journal ’s DENISE C. PAULSON Editor Frederick Massie by tele - phone: (401) 421-5740 or email: Professional Spanish and Portuguese Interpreter [email protected] . Services in legal and medical settings. • Fluent in 3 languages. • Professionally trained at Boston University with emphasis in legal and medical interpreting. Please consider joining • Experience in legal and medical settings including in or renewing your court, depositions, arbitrations, mediations, general membership in a Bar hospital and emergency rooms. Committee this year. [email protected] • Cell # 508-965-5556 The 2012-2013 Bar Committee regis - tration deadline is August 15, 2012. Given the demands of active Bar committee participation, members are only permitted to join up to three committees. Members who wish to BALSOFIORE & COMPANY, LTD. serve on a Bar committee must be willing to play an active role and FINANCIAL INVESTIGATIONS register each year – either online or via a printed registration form – as FORENSIC ACCOUNTING LITIGATION SUPPORT committee membership does not FINANCIAL PROFILES OF INDIVIDUALS AND BUSINESSES automatically carry over from one Bar year to the next. Using the quick LOCATE PEOPLE – ASSET SEARCHES and simple online option, in the Brian C. Balsofiore, CFE [email protected] Members Only area of the Bar’s web - site www.ribar.com , for committee Certified Fraud Examiner (401) 486-7145 sign-up, makes the process easy. RI Licensed Private Detective 46 Jul y/August 2012 Rhode Island Bar Journal Rhode Island Advertiser Index Bar Founda tion Ajootian, Charles – 1031 Exchange Services 43 Aon Liability Insurance 10 Balsofiore & Company, Ltd. – Forensic Founded in 1958, the Rhode Island Bar Foundation is the non-profit Accounting, Litigation Support 46 philanthropic arm of the state’s legal profession. Its mission is to foster Bankruptcy – Stephen Levesque 42 and maintain the honor and integrity of the legal profession and to study, Boezi, Henry – Trademark/Copyright 32 Briden, James – Immigration Law 8 improve and facilitate the administration of justice. The Foundation Coia & Lepore, Ltd. – Workers’ Comp. 46 receives support from members of the Bar, other foundations, and from Coia & Lepore, Ltd. – Mediation 32 honorary and memorial contributions. DataNet LLC 8 Delisi & Ghee, Inc. – Business Appraisal 44 Today, more than ever, the Foundation faces great challenges in funding its Dennis, Stephen – Workers’ Compensation 36 good works, particularly those that help low-income and disadvantaged Dumas, David – Heirs/Genealogy 38 East Providence Office Suite 32 people achieve justice. Given this, the Foundation needs your support and Elder Law Practice & Office 15 invites you to complete and mail this form, with your contribution to the Goodman Shapiro & Lombardi LLC – Rhode Island Bar Foundation. Legal Services 33 Green & Greenberg Law Firm 18 Gregory, Richard – Help Our Bar Foundation Attorney & Counselor at Law 22 Help Others Lahti, Lahti & O’Neill, LLC 35 Laplante Sowa Goldman – John Pagliarini: Taxes 28 Marasco & Nesselbush – Social Security RHODE ISLAND BAR FOUN DATION GIFT Disability/Medical Malpractice 45 Mathieu, Joan – Immigration Lawyer 8 PLEASE PRINT Mediation – Howe & Garside 30 Mediation & Arbitration – Joseph Keough 40 My enclosed gift in the amount of $ ______Mignanelli & Associates, LTD. – Please accept this gift in my name Estate Litigation 6 Morowitz, David – Law Firm 34 or Ocean State Weather – Consulting & Witness 36 In Memory of ______Office Space – Providence 39 or Office Space – Warwick 41 Office Space – Warwick – Bruno & Ranone 43 ______In Honor of PellCorp Investigative Group, LLC 42 Pfieffer, Mark – Alternate Dispute Resolution 39 Your Name(s) ______Piccerelli, Gilstein & Co. – Business Valuation 30 Revens, Revens & St. Pierre – Bankruptcy 32 Address ______Revens, Revens & St. Pierre – City /Stat e/Zip ______Workers’ Compensation 45 Rhode Island Private Detectives LLC 44 Phone (in case of questions) ______R. J. Gallagher – Disability Insurance 41 Email: ______Ross, Roger – Title Clearing 39 Sciarretta, Edmund – Please mail this form and your contribution to: Florida Legal Assistance 40 Rhode Island Bar Foundation Select Suites – Calart Tower – Cranston 38 Soss, Marc – Florida Estates/Probate/ 115 Cedar Street Documents 28 Providence, RI 02903 Spanish/Portuguese Interpreter – Denis Paulson 46 StrategicPoint – Investment Advisory Services 22 Questions? Please contact Virginia Caldwell at 421-6541 Stewart Title Guarantee Company 15 or gcaldwell @ribar.com WP Outsource – word processing services 38 Zoning Handbook – Roland F. Chase 31 Rhode Island Bar Journal Jul y/August 2012 47 You may ask yourself... How does the Rhode Island Bar Association help me? THE RHODE ISLAND BAR ASSOCIATION is much more than a name. Your Bar consists of people and programs dedicated to enriching and enhancing your practice and your life. Through the thoughtful, caring leadership of volunteer attorneys, the Bar develops offerings designed specifically for Rhode Island lawyers. And, with the excellent assistance of the Bar’s friendly and professional staff, your Bar creates and delivers a wide range of programs and services tailored to meet your needs. Your Bar helps you professionally through… Your Bar helps you personally through… s Fully interactive Bar website connecting you to your s Opportunities for pro bono service to those who need it free law library, latest news, seminar information and the most, coupled with free training and mentoring in registration, committee meeting schedules and more at important practice areas www.ribar.com s Lawyers Helping Lawyer Committee programs including s Superb Continuing Legal Education (CLE) seminars offered the Bar’s partnership with Coastline Employee Assistance live and online throughout the year Program (Coastline EAP) offering free-to-members s Free, 24-hours-a-day, 7-days-a-week, online law library services for confidential help, information, assessment services with Casemaker and referral for a wide range of personal concerns s Terrific avenues for working with other members of the s SOLACE (Support of Lawyers, All Concern Encouraged) Bar and the Bench on a wide range of Bar Committee allows Bar members to offer or ask for aid and assistance efforts to or from their colleagues s Outstanding Lawyer Referral Service (LRS) connections to s Law Related Education (LRE) volunteer opportunities clients in search of representation to visit classrooms with judges on Law Day and assist s Myriad membership benefits offering preferential products educators throughout the year and services negotiated for you by your Bar leaders s Respected forums for sharing your knowledge and opinions in every issue of the Rhode Island Bar Journal s Informed answers to legal questions through the Bar’s Online Attorney Resource (OAR) center’s volunteer attorneys. s Wonderful Annual Meeting offerings ranging from Same as it ever was... excellent CLE seminars to profession-oriented product and service providers and more s Powerful presence in legislative matters affecting the practice of law ...Only better s Instant client and colleague connections through the Bar website’s Attorney Directory Take advantage of these benefits today through the Bar’s website at www.ribar.com, or telephone the Bar today at 401-421-5740