Rhode Island Bar Journal Rhode Island Bar Association Volume 67. Number 6. May/June 2019 Finding the Right Level: Viewing the Providence Water Supply from Historical and National Perspectives Navigating Title IX and Campus Sexual Misconduct Defense – Advocacy’s Wild West Your Moral Imperative to Routinely Practice Self-Care Book Review: Life is Short – Wear Your Party Pants by Loretta LaRoche Movie Review: On the Basis of Sex Articles 5 Finding the Right Level: Viewing the Providence Water Supply from Historical and National Perspectives Editor In Chief, Mark B. Morse, Esq. Samuel D. Zurier, Esq. Editor, Kathleen M. Bridge Editorial Board Victoria M. Almeida, Esq. 11 Navigating Title IX and Campus Sexual Misconduct Defense – Jerry Cohen, Esq. Advocacy’s Wild West Kayla E. Coogan O’Rourke, Esq. Eric D. Correira, Esq. John R. Grasso, Esq. James D. Cullen, Esq. William J. Delaney, Esq. 17 Your Moral Imperative to Routinely Practice Self-Care Thomas M. Dickinson, Esq. Nicole P. Dyszlewski, Esq. Katherine Itacy, Esq. Matthew Louis Fabisch, Esq. Keith D. Hoffmann, Esq. Meghan L. Hopkins, Esq. 23 Snake Eyes – American Bar Association Delegate Report – Matthew J. Landry, Esq. Midyear Meeting 2019 Christopher J. Menihan, Esq. Robert D. Oster, Esq. Lenore Marie Montanaro, Esq. Daniel J. Procaccini, Esq. Matthew David Provencher, Esq. Steven M. Richard, Esq. 25 The Ada Sawyer Award: The Rhode Island Women’s Bar Association’s Joshua G. Simon, Esq. Recognition of Women Lawyers Angelo R. Simone, Esq. Kelly I. McGee, Esq. Stephen A. Smith, Esq. Hon. Brian P. Stern Elizabeth Stone Esq. 2 7 BOOK REVIEW Life is Short – Wear Your Party Pants by Loretta LaRoche Dana N. Weiner, Esq. RHODE ISLAND BAR ASSOCIATION LAWYER’S PLEDGE As a member of the Rhode Island Bar Association, 2 9 MOVIE REVIEW On the Basis of Sex I pledge to conduct myself in a manner that will Jenna Giguere, Esq. reflect honor upon the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be honest, courteous and fair. Association Officers FEATURES Carolyn R. Barone, President David N. Bazar, President-Elect 3 The Last Piece of Advice 27 Sign Up For Your 2019-2020 Bar Committee Richard P. D’Addario, Treasurer Membership Today! 4 Your Bar’s 2019 Annual Meeting Highlights Lynda L. Laing, Secretary Thursday, June 13th, Plenary Session 28 Thanks to Our CLE Speakers Executive Director Helen Desmond McDonald 9 Keep Your Directory Listing Up to Date! 29 Lawyers on the Move Direct advertising inquiries to the Editor, Kathleen 12 Don’t Miss Out on a Great Lineup of Annual 13 Continuing Legal Education M. Bridge, Rhode Island Bar Journal, 41 Sharpe Meeting Workshops! Drive, Cranston, RI 02920, (401) 421-5740. 33 In Memoriam USPS (464-680)ISSN 1079-9230 13 Generate Business With the Bar’s 34 SOLACE Rhode Island Bar Journal is published bimonthly Lawyer Referral Service! by the Rhode Island Bar Association, 37 Do You Have an Idea for an Article, 41 Sharpe Drive, Cranston, RI 02920. 22 Your Bar’s 2019 Annual Meeting Highlights or a Point/Counterpoint Article? PERIODICALS POSTAGE PAID AT PROVIDENCE, RI Friday, June 14th, Plenary Session Subscription: $30 per year 38 Cartoon 22 Rhode Island Probate Court Listing and Judicial Postmaster Communications Survey on Bar’s Website 38 Casemaker Tip: Client Tracking Send Address Correction to: Rhode Island Bar Journal 24 VLP Honor Roll 38 Advertiser Index 41 Sharpe Drive Cranston, RI 02920 www.ribar.com Front Cover Photograph by Brian McDonald Manchester Street Power Station, Providence, RI The Manchester Street Power Station was built in 1903. Originally an oil-fired plant, it was converted to a natural gas burning plant in the 1990s. The Last Piece of Advice I am continuously surprised by the number of Committee for their wisdom and guidance. times during this past year colleagues have offered When you become a frequent visitor to the their sympathies to me and asked if I regretted Association’s Law Center, you realize that it takes being elected president of the Bar Association. a small village, above and beyond the member- My response is consistent and never tentative: ship, to carry out the Association’s objectives. This “Absolutely not.” Being president has its mo- village is comprised of professionals, administra- ments of stress and many nights of working in tive staff, and clerical personnel who work daily and past the wee small hours of the morning (no to ensure that the programs established for the different than the majority of days in the life of members’ benefit and public outreach are prop- any lawyer), but responding to critical issues that erly administered. The entire staff is dedicated touch upon the business of law and lawyering and to supporting the Bar’s programs and providing Carolyn R. Barone, Esq. making decisions on matters that will ripen in the assistance to the governing bodies. I thank each President future have been very gratifying. I, like every past and every staff member not only for the respect Rhode Island Bar Association bar president, have had the benefit of growing and courtesy shown to me, but, more importantly, into this leadership position. Being a member for all the work you do for all members of the Bar of the House of Delegates and spending years on Association. the Executive Committee, I had the Returning to our Association’s Article II Objec- Being president has its moments benefit of learning from past bar tives, I am taking this opportunity to “...encourage leaders the finer points of how the and cultivate social intercourse...” by inviting all of of stress and many nights of Association conducts its business to you to attend the Rhode Island Bar Association’s working in and past the wee small maintain its objectives as set forth 2019 Annual Meeting (Thursday, June 13, and hours of the morning (no different in Bar Association’s Bylaws.1 My Friday, June 14). Consider the Annual Meeting as than the majority of days in the objective during the past year has a way to spend two days away from your office been to preserve the Association’s without feeling guilty. There is no dearth of life of any lawyer), but responding position as the leading provider seminars and presentations from which you may to critical issues that touch upon of continuing legal education at choose to attend and receive your CLE credits. the business of law and lawyering unparalleled low-cost to members; In addition to seminars, the Annual Meeting will and making decisions on matters to sustain its ability to create and present two internationally renowned plenary maintain programs that improve speakers, Loretta LaRoche, a stress management that will ripen in the future have the quality of our lawyering, law expert cum comedian (Thursday morning), and been very gratifying. practices, and personal well-being; Jack Marshall, a legal ethics expert cum entertainer and of utmost importance, to (Friday afternoon). At the Awards Reception on continue its commitment to public outreach by Thursday afternoon, continue to enjoy conversa- providing free and reduced-fee legal services to tions with your colleagues while also honoring and our citizens who qualify. congratulating our awards recipients. At Friday’s If my objective has been met, then it is the Annual Meeting Luncheon, I will be passing my result of two hard-working groups: your Execu- gavel to our incoming president, David Bazar, tive Committee and the entire staff of the Rhode who will be sworn in by Chief Justice Paul Suttell. Island Bar Association. During my tenure as David will ably and honorably carry out the duties president, I was blessed to have the support of the demanded of the president, and I look forward to following Executive Committee members: David being a part of his Executive Committee. Bazar, Nicole Benjamin, Richard D’Addario, Janet This is my final President’s Message. The first Gilligan, Christopher Gontarz, Michael Jolin, time I spoke to you through these pages, I relayed Lynda Laing, Mark Morse, Holly Rao, J. Richard the story of my very first day employed as an at- Ratcliffe, and Linda Rekas Sloan. On crucial issues torney. I will end this message recalling that same that came before the Association, their voices day. I was having lunch with my law partner at were strong and their opinions, albeit varied, McGarry’s Restaurant. I revealed three pieces of were solid. I thank each and every member of this advice he gave me that day: your word is your Rhode Island Bar Journal May/June 2019 3 bond; sleep with dogs and you will wake up I heard the words, “When you leave this earth, Rhode Island Bar Journal with fleas; and if you lie to a judge or me, you people will always remember one of two things Editorial Statement are fired. There was a fourth piece of advice about you: your good name or your bad name. The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island given that same day, the origins of which are You decide.” attorneys, judges and others interested in Rhode found in many biblical passages, and deriva- I am both honored and humbled to have Island law. The Bar Journal is a paid, subscription tions through the centuries are abundant. been your steward during the past year. It has magazine published bi-monthly, six times annually and sent to, among others, all practicing attorneys While continuing to sip on my root beer, been a privilege and pleasure to serve you. ◊ and sitting judges, in Rhode Island.