Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 62. Number 3. November/December 2 013 Domestic Use of Drones Estate Planning for Florida Snowbirds Economic Stewardship Book Review: Zoning the Oceans RHODE I SLAND Bar Association 1898 14 14 Editor In Chief , David N. Bazar Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge Articles Editorial Board Jenna R. Algee, Esq. Matthew R. Plain, Esq. Victoria M. Almeida, Esq. Steven M. Richard, Esq. 5 Coming Home to Roost – Domestic Use of Unmanned aerial Steven J. Boyajian, Esq. Adam D. Riser, Esq. Vehicles Peter A. Carvelli, Esq. Miriam A. Ross, Esq. Hon. Brian Stern and Matthias Rubekeil Jerry Cohen, Esq. Julie Ann Sacks, Esq. Patrick T. Conley, Esq. Hon. Brian P. Stern 11 estate Planning for Florida snowbirds Eric D. Correira, Esq. Stephen J. Sypole, Esq. David J. Correira, Esq. and Eric D. Correira, Esq. William J. Delaney, Esq. Christopher Wildenhain, Esq. Amy H. Goins, Esq. 17 BOOK REVIEW – Zoning the oceans: the Next Big step in Adi Goldstein, Esq. Coastal Zone Management by John M. Boehnert, esq. Jay S. Goodman, Esq. Michael Rubin, Esq. Jenna Wims Hashway, Esq. Christina A. Hoefsmit, Esq. 21 lunch with legends: trailblazers, trendsetters and Marcia McGair Ippolito, Esq. treasures of the Rhode Island Bar Thomas A. Lynch, Esq. Ernest G. Mayo, Esq. Matthew R. Plain, Esq. and Elizabeth R. Merritt, Esq. John R. McDermott, Esq. 25 the Rhode Island Constitution on economic stewardship Elizabeth R. Merritt, Esq. Seth Handy, Esq. RHoDe IslaND BaR assoCIatIoN 31 In the City by the Bay – american Bar association Delegate lawyeR’s PleDge As a member of the Rhode Island Bar Association, I pledge Report: aBa annual Meeting to conduct myself in a manner that will reflect honor upon Robert D. Oster, Esq. the legal profession. I will treat all partici pants in the legal process with civility. In every aspect of my practice, I will be honest, courteous and fair. Executive Director , Helen Desmond McDonald Features Association Officers J. Robert Weisberger, Jr., President 3 Gaining Perspective on Limited Scope 24 Use OAR Today and Pull Together Bruce W. McIntyre, President-Elect Representation as a Team! Melissa E. Darigan , Treasurer 4 Attorney’s Bar Journal Article Sparks 26 Do you have a problem with alcohol? Armando E. Batastini, Secretary Newspaper Coverage 28 SOLACE – Helping Bar Members Direct advertising inquiries to the Editor, Frederick D. 6 Confidential Assistance for Members in Times of Need Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. 14 Constitution Day at the Rhode Island 29 Request for Bar Member Participation USPS (464-680) ISSN 1079-9230 Supreme Court in Bar Tax Committee Formation Rhode Island Bar Journal is published bimonthly by 20 New Bar List Serve Gaining New 41 Lawyers on the Move the Rhode Island Bar Association, 115 Cedar Street, Providence, RI 02903. Members Daily! Join Today! 41 Access Bold as Love – Rhode Island PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 20 Publish and Prosper in the Rhode Bar Journal Artic le Archive and More Subscription: $30 per year Island Bar Journal Available Online Postmaster 23 Continuing Legal Education 42 In Memoriam Send Address Correction to Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903 43 Advertiser Index www.ribar.com Front Cover Photograph by Brian McDonald Herreshoff Marine Museum, Bristol Catboat Sprite , built in 1859 by Captain Nathaniel Herreshoff who noted this was “the first of what was to become my life’s work .” Sprite is said to be the oldest catboat and private yacht in the United States. The Herreshoff Marine Museum/America’s Cup Hall of Fame is dedicated to the education and inspiration of the public through presentations of the history and innovative work of the Herreshoff Manufacturing XX% Company and the America’s Cup competition. Cert no. XXX-XXX-000 Gaining Perspective on Limited Scope Representation In his President’s Message in the January/ often the exception, the position paper will be February 2013 Rhode Island Bar Journal , our completed sometime this fall. immediate past President Michael McElroy The unbundling of legal services, an appro - wrote to us about the dangers of the pro se priate but somewhat misleading term referencing explosion and effective unbundling of legal limited scope representation, is when an attorney services, also known as limited scope represen - represents or assists a litigant with part, but not tation. After a presentation about the subject at all, of his or her legal matter. The attorney and the Bar’s Annual Meeting in 2011 and attending litigant enter into a detailed agreement defining a New England Bar Association meeting in what tasks the attorney and the litigant are 2012 where unbundling was a hot topic, Mike individually responsible for. In several jurisdic - and I agreed the Rhode Island Bar Association tions, one way an attorney can practice limited J. Robert weisberger, Jr. esq. needed to address limited scope representation, scope representation is by coaching the litigant President especially in light of what is permissible under outside of court on the law and the rules of Rhode Island Bar Association Rule 1.2(c) of the Rhode Island Rules of procedure without ever filing an appearance or Professional Conduct. appearing in court to represent the litigant. The We knew this subject would require study and attorney may also draft documents for the liti - analysis. Therefore, last year, Mike, with great gant to file without filing an appearance or going prescience, recommended that the Executive into court with the litigant. Although some Committee and House of Delegates (HOD) jurisdictions have drafted guidance under their create a task force of lawyers and jurists to rule, Rhode Island has not, including whether Although some study the issues and report back to the HOD . or not an attorney must write their name on jurisdictions have As the task force chairperson, I did the ini - the document prepared with their assistance. tial research to prepare a package for review, The ABA ’s position on this issue is that no drafted guidance prior to the task force first meeting. At that disclosure is required. Some jurisdictions require under their rule, meeting, we agreed to break into several sub - disclosure and others, such as Massachusetts, committees to separately investigate each take a middle tier approach that disclosure must Rhode Island has branch of our judiciary to determine the utility be made when prepared with the assistance of not, including of limited scope representation. We learned counsel, but no identification of the preparer there was a need, in certain venues and areas needs be made. This practice is referred to as whether or not of practice, for limited scope representation. ghostwriting. In Massachusetts, the attorney an attorney must Accordingly, we studied what had been done can also appear in court with the litigant for in this regard in the other 49 states. We learned part of the entire case, for example only a pre- write their name that most, if not all, states had the same Rule trial conference. In some jurisdictions, such as on the document 1.2(c), based on the American Bar Association Massachusetts, this has been implemented by (ABA) Model Rule, as we do here in Rhode allowing an attorney to file a Notice of Limited prepared with Island, which states, “a lawyer may limit the Appearance describing the issue or event on their assistance. scope of the representation if the limitation is which the attorney is representing the litigant. reasonable under the circumstances and the After the completion of the work, the attorney client gives informed consent.” files a Notice of Withdrawal of Limited After lengthy review and discussion, the task Appearance. force agreed to prepare a position paper con - Parties benefit by having some legal assistance taining its recommendations. Once the position in prosecuting or defending a case, and courts paper is reviewed and accepted by all the task will benefit by having documents prepared force members, it will be transmitted to our Bar properly and issues presented to the court more Association’s House of Delegates for review and, clearly, thereby saving court time. Attorneys hopefully, approval. The drafting committee is benefit by being able to help a party for a short currently in the process of crafting the position time, without being required to remain in a paper. If all goes according to plan, which is case until completion, and be paid in a timely Rhode Island Bar Journal Novembe r/Decembe r 20 13 3 fashion as part of the specific agreement uing to attempt to fly under the radar? RHoDe IslaND BaR JoURNal between the party and attorney. How did they know that otherwise self- Editorial Statement Limited scope representation is current - represented litigants would pay for the The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island ly being used successfully in several other services of a limited license legal techni - attorneys, judges and others interested in Rhode Island jurisdictions, including Alaska, California, cian when they were not willing to pay law. The Bar Journal is a paid, subscription magazine Colorado, Florida, Maine, Nevada, New for the services of an attorney? And, published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, Hampshire, New Mexico, Washington, how do we know what the discount rate in Rhode Island. This constitutes an audience of over Wyoming and very successfully in our would be that would attract otherwise 6,000 individuals. Covering issues of relevance and pro - sister state, the Commonwealth of pro se liti gants to limited license legal viding updates on events, programs and meetings, the Rhode Island Bar Journal is a magazine that is read on Massachusetts.