Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 60. Number 4. Janua ry/February 2 012 Modest Proposals for Rhode Island Superior Court Reform Arbitration and the Unauthorized Practice of Law Rhode Island Municipal Insolvency Lite Creative Receivership and Redevelopment RHODE I SLAND Bar Association 1898 17 28 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 Articles the legal profession. I will treat all participants in the legal process with civility. In every aspect of my practice, I will be 5 Help Our Bar Foundation Help Others honest, courteous and fair. Michael A. St. Pierre, Esq. Editor In Chief , David N. Bazar 7 Modest Proposals for Rhode Island Superior Court Reform Editor , Frederick D. Massie David A. Wollin, Esq. Assistant Editor , Kathleen M. Bridge Editorial Board 13 Arbitration and the Unauthorized Practice of Law: A Legal Drama Victoria M. Almeida, Esq. Bryan W. Hudson, Esq. in Two Acts Ellen R. Balasco, Esq. Hon. Patricia A. Hurst Ernest G. Mayo, Esq. Susan Benfeito, Esq. Marcia McGair Ippolito, Esq. Moshe S. Berman, Esq. Tobias Lederberg, Esq. 19 Rhode Island Municipal Insolvency Lite Roland E. Chase, Esq. Courtney L. Manchester, Esq. GUy R. Bissonnette, Esq. Jerry Cohen, Esq. Ernest G. Mayo, Esq. Debra Conry, Esq. Elizabeth R. Merritt, Esq. 27 Lunch with Legends: Trailblazers, Trendsetters and Treasures Eric D. Correira, Esq. Kerri M. Morey, Esq. of the Rhode Island Bar Diane B. Daigle, Esq. Matthew R. Plain, Esq. William J. Delaney, Esq. Kevin N. Rolando, Esq. Matthew R. Plain, Esq. and Elizabeth R. Merritt, Esq. Anastasia Dubrovsky, Esq. Miriam Ross, Esq. Matthew Louis Fabisch, Esq. Krista J. Schmitz, Esq. 29 Oh, Canada! American Bar Association Delegate Report: Kevin J. Gallagher, Esq. Elliot Taubman, Esq. ABA Annual Meeting Maureen D. Gemma, Esq. Timothy C. Twardowski, Esq. Robert D. Oster, Esq. Jay S. Goodman, Esq. Harris K. Weiner, Esq. 31 Creative Receivership and Redevelopment: A Commentary Executive Director , Helen Desmond McDonald W. Mark RUsso, Esq. Association Officers William J. Delane y, President Michael R. McElroy, President-Elect J. Robert Weisberger, Jr. , TreasUrer Bruce W. McIntyre, Secretary Direct advertising inquiries to the Editor, Frederick D. Features Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. 3 Reflections on the Bar: 33 Lawyer Morse and Judge Hurst USPS (464-680) ISSN 1079-9230 Past, Present and Future Honored for Practical Guide to Rhode Island Bar Journal is published bimonthly by 6 Bogus Email Scam Claims Rhode Discovery and Depositions the Rhode Island Bar Association, 115 Cedar Street, Island Bar Referral 40 SOLACE – Helping Bar Members Providence, RI 02903. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 17 Captain Michael P. Jolin Presents Bar in Times of Need With US Flag and Citation 41 Lawyers on the Move Subscription: $30 per year Postmaster 21 New Bar Members and Committee 42 In Memoriam Send Address Correction to Rhode Island Bar Representatives Meet and Mingle at 43 Advertiser Index Journal, 115 Cedar Street, Providence, RI 02903 Speed Networking Event www.ribar.com 25 Continuing Legal Education 28 Bar’s Volunteer Lawyer Program and Front Cover Photograph Westerly Town Hall, by Brian McDonald RWU School of Law Free Family Mediation Clinic XX% Cert no. XXX-XXX-000 Reflections on the Bar: Past, Present and Future As a departUre from the UsUal format for Meetings were a fun time for all of us because, Bar President’s Messages, I am sharing my letter for the most part, all of us felt like we were to my son, Brendan, in which I extolled the joined together in the practice of law. valUes of oUr Bar Association. I hope yoU enjoy Those carefree days, or at least for those two it as mUch I as enjoyed writing it. glorious days, have given way to mandatory continuing legal education, and for young Dear Bren, lawyers, an explosion in the price of their legal By the time you get this, it will be January, education, as well as significant cost increases the start of the New Year. I wanted to give you in almost everything else. These changes have an update on what our new lawyers are up to, greatly impacted our profession and particularly and what we at the Bar Association are doing our newest lawyers. Today’s new lawyers often William J. Delaney, Esq. to help them along their professional careers. have the unenviable task of balancing a career President As you know, I attended five bar admission with staggering student loans and, unfort unately, Rhode Island Bar Association ceremonies this past November at the Supreme in a very few cases, mortgage payments that prior Court. At each of the ceremonies, one of the generations of lawyers never had to address. Supreme Court Justices administered the These extraordinary economic conditions Attorney’s Oath to approximately 180 newly- demand more from the Bar Association in admitted attorneys. Continuing the tradition proving its value and commitment to new and established by past Bar President Vicky Almeida seasoned lawyers alike. The Bar’s New Lawyers a few years ago, I presented quill pens to each Committee offers networking opportunities for new attorney along with a warm welcome on new members to share ideas and concerns behalf of the Bar Association. among themselves in a friendly and supportive …extraordinary With these new members, there are now setting. I specifically attended the first meeting economic condi - approximately 6,500 members of the Bar of the New Lawyer’s Committee and came away Association, with over 1,800 admitted in the with a greater understanding of their needs and tions demand last ten years. This statistic, while perhaps desires and suggestions of what they are inter - more from the overwhelming, is, in fact, welcomed by the ested in learning about the practice of law. Bar Association. As you know from your college experience, Bar Association However, passing the bar examination only the proliferation of computers in your under - in proving its establishes minimum competency on the part graduate years carried through to graduate of each successful candidate. As you may school and your professional life. During their valUe and commit - remember when you were much younger, those law school experiences, most students’ legal ment to new and weekends when I was sitting in our den pouring research needs were met by unlimited and free over law and case books (and not paying as access to online legal research engines. With seasoned lawyers much attention as I should have to you) clearly graduation, however, their ability to continue to alike. illustrated my need to prepare arguments for use school-supplied legal research engines dried the Court the following Monday. And, through - up. Fortunately, the 24/7CASEMAKER legal out those times, I relied on materials prepared research library is a free member benefit put by other Bar members for assistance in my to use on a daily basis by most of our members. clients’ representation. Additionally, through Bar reviewed and co- I recall, many Junes ago, taking you to the sponsored membership benefit programs, Bar Bar Association’s annual meeting in Newport members may secure reduced cost malpractice, which always seemed to take place on the business owners’, personal lines, and disability sunniest Thursdays and Fridays. There, I insurance, as well as retirement programs. Our introduced you to some of my oldest Motion firm has taken advantage of several of the mem - Calendar friends and their children who are ber benefits offered by the Bar Association, now, like you, in their late 20s. I remember and, over the years and into today, benefits are taking a sail with at least ten of you kids under expanded and added to meet members’ needs the Newport Bridge with you in a life vest that and expectations. was at least two sizes too small. Those Annual You attended part of last June’s Bar Annual Rhode Island Bar Journal January/February 2012 3 Meeting including the dinner when family, probate, and administrative law RHODE ISLAND BAR JOURNAL Rhode Island Supreme Court Chief to mention a few. We believe the OAR Editorial Statement Justice Paul Suttell administered my Bar Program will provide new practitioners The Rhode Island Bar JoUrnal is the Rhode Island Bar Association’s official magazine for Rhode Island President’s oath. These Annual Meetings with the help they are seeking. attorneys, judges and others interested in Rhode Island offer members the choice of over forty You know of my deep personal com - law. The Bar JoUrnal is a paid, subscription magazine Continuing Legal Education (CLE) semi - mitment to provide legal assistance to published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, nars representing a myriad of legal topics those who are unable to afford conven - in Rhode Island. This constitutes an audience of over ranging from administrative law to zon - tional engagements. The good news is 6,000 individuals. Covering issues of relevance and pro - ing. This past June, approximately 1,400 that the Bar has a range of excellent pub - viding updates on events, programs and meetings, the Rhode Island Bar JoUrnal is a magazine that is read on members attended the Annual Meeting, lic service programs and projects, includ - arrival and, most often, kept for future reference. The and I hope we can attract this many and ing, but not limited to the Volunteer Bar JoUrnal publishes scholarly discourses, commen - more to the upcoming meeting this year. Lawyer Program, which provides new tary on the law and Bar activities, and articles on the administration of justice.