Rhode Island Bar Journal Rhode Island Bar Association Volume 64. Number 2. Septembe r/ October 2 015 Jurors Perceptions of Forensic Evidence Estate Planning For Same-Sex Married Couples Carrying on With and Without a Comma BOOK REVIEW: Excellent Sheep RHODE ISLAND B a r A s s o c i a t i o n 1898 13 28 Editor In Chief , David N. Bazar Articles Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge 5 As Seen On TV: Jurors Perceptions of Forensic Evidence Editorial Board Hon. Brian P. Stern and Scott L. Rubins, M.A Stephen Adams, Esq. J o hn R. McDermott, Esq. Victoria M. Almeida, Esq. J o n a t h a n D . O rent, Esq. 13 Lunch with Legends: Trailblazers, Trendsetters and Treasures Jerry Cohen, Esq. Matthew R. Plain, Esq. of the Rhode Island Bar Patrick T. Conley, Esq. S t e ven M. Richard, Esq. Kathryn T. Rogers, Esq. Matthew R. Plain, Esq. and Stephen Adams, Esq. Eric D. Correira, Esq. William J. Delaney, Esq. L a w rence E. Rothstein, Esq. 15 Estate Planning Opportunities For Same-Sex Married Couples Thomas M. Dickinson, Esq. H o n . B r ian P. Stern Matthew Louis Fabisch, Esq. Stephen J. Sypole, Esq. After Obergefell Amy H. Goins, Esq. Elliot Taubman, Esq. Marc J. Soss, Esq. Christina A. Hoefsmit, Esq. Harris K. Weiner, Esq. Richard Jessup, Jr., Esq. J e n n ifer Wims Hashway, Esq. 25 Punctuation Law: Carrying on With and Without a Comma Ali Khorsand, Esq. Zona Douthit, Esq. Ernest G. Mayo, Esq. 29 BOOK REVIEW Excellent Sheep by William Deresiewicz RHODE ISLAND BAR ASSOCIATION LAWYER’S Anthony F. Cottone, Esq. PLEDGE As a member of the Rhode Island Bar Association, I pledge to conduct myself in a manner that will 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 Features honest, courteous and fair. 3 Dealing With Change 22 Volunteers Serving Rhode Islanders’ Association Officers 4 Are you looking for answers to Legal Needs Melissa E. Darigan, President practice-related questions? 23 Bar’s Environmental and Energy Law Armando E. Batastini, President-Elect Try the Bar’s dynamic List Serve. Committee Hosts South Kingstown Linda Rekas Sloan , Treasurer CLE, Local Food Law: Aquaculture 7 Important Notice – Rhode Island Carolyn R. Barone, Esq., Secretary Bar Association Public Service and Agriculture Legal Assistance Referral Process 24 SOLACE – Helping Bar Members Executive Directo r, Helen Desmond McDonald 12 Online Attorney Resources (OAR) in Times of Need Direct advertising inquiries to the Editor, Frederick D. Massie, Rhode Island Bar Journal, 41 Sharpe Drive, 27 You Are What You Write 14 2015 Volunteer Lawyer Program Cranston, RI 02920, (401) 421-5740. Pro Bono Publico Award Presented 28 Defense Counsel of Rhode Island USPS (464-680)ISSN 1079-9230 14 Bar Membership Benefit: Honors Judge Edward C. Clifton Rhode Island Bar Journal is published bimonthly by ABA Retirement Funds Program 35 Lawyers on the Move the Rhode Island Bar Association, 41 Sharpe Drive, Cranston, RI 02920. 17 New Rhode Island Law Center 36 In Memoriam Features Enhanced Member Benefits PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 38 Check out the Bar Association’s Subscription: $30 per year 17 Good Business for Good Lawyers Career Center! Postmaster 19 Thanks to Our CLE Seminar Speakers 38 Advertiser Index Send Address Correction to: 21 Continuing Legal Education Rhode Island Bar Journal 41 Sharpe Drive Cranston, RI 02920 SSV OLIVER HAZARD PERRY, NEWPORT, RI www.ribar.com With its home port and headquarters in Newport, the 200-foot Oliver Hazard Perry is owned and operated by Oliver Hazard Perry Rhode Island, a 5 01(c)(3) non-profit education foundation. The Perry is the first, ocean-going, full-rigged Tall Ship built in the United States in over 100 years. Classified by the U.S. Coast Guard as a Sailing School Vessel the ship is purpose-built to partner with institutions to deliver unique sea-going programs. Cover Photograph by Brian McDonald Dealing With Change My first President’s Message heralded the changes In the public services, our Bar Association is in our profession and the need to face the chal - doing a world of good for those needing lawyer lenges before us. In these unprecedented times, assistance and the members who provide it. clients are demanding that lawyers provide Though difficult to imagine in our small State, greater value and results at a lower (or at least the Bar’s public services department typically more predictable) cost. Non-lawyers and online, receives between 1,200 and 1,400 calls per do-it-yourself resources are occupying space tra - month. Many of these callers need assistance ditionally reserved for lawyers. Unrelenting inno - with legal issues that go to the very core of their vations in technology confound many law yers personal, family and financial lives – from family as much as they help. And increasing demands and elder law matters to landlord/tenant issues on lawyers’ time add to the stress. Beyond the to bankruptcy and collections concerns. We are Melissa E. Darigan, Esq. changes directly impacting our practices is the able to assist these Rhode Islanders through the President growing public need for access to legal services Volunteer Lawyer and Lawyer Referral Programs Rhode Island Bar Association and the courts, which requires new approaches and Reduced Fee, Elder Law, Lawyers for the to how legal services are provided. Addressing Arts and Armed Services panels, as well as Ask- all of these changes is, in my view, imperative. A-Lawyer events and legal clinics provided state - And our Bar Association is taking action. wide. These services not only help fill a critical For one, we are helping lawyers through public need, they also provide important benefits education and training to be better, smarter to the lawyers doing the work. Members who and faster to satisfy client demands. Just look volunteer their services can obtain free CLE at the slate of offerings at our credit, receive mentoring and training in sub - This is a call to action. For last Annual Meeting. There were stantive practice areas (which they can utilize eight seminars on technology with fee-generating clients) and have opportuni - lawyers to continue in successful, and practice management issues ties to meet other lawyers and develop mentors, happy and productive practices, alone. Other CLE s at the Annual networks and friends. These benefits are partic - Meeting and throughout the year ularly helpful to new lawyers who are looking and for the Bar to continue to address substantive practice areas to build a practice. And, not all of the Bar’s do the good work it does for and teach lawyers the basic, as public services efforts are pro bono . The Lawyer well as specialized, skills needed Referral Program last year made over 9,000 members and the public, we to compete and serve clients referrals to members, and we know at least one need everyone to be engaged. effectively. resulted in a $35,000 fee. Our new Law Center is another Additionally, our Bar Association is taking initiative that will enhance members’ profession - important steps to help shape how Limited al development and experience. The new space Scope Representation (LSR) is implemented in is terrific – modern, with technology bells and Rhode Island. This new way of practicing law is whistles, lots of meeting rooms and a new intended to provide competent lawyer assistance Lawyers’ Lounge. Moving to our new location to litigants, while enabling clients with limited resulted in substantial cost savings for the Asso - means to effectively control the cost of litigation. cia tion, reducing pressure on dues and enabling Though well-established in other states, there us to focus on long term planning, including are currently few parameters in place to guide continuing to provide valuable, relevant services Rhode Island attorneys wishing to provide LSR . to members and programs in the public services In response to the Supreme Court’s request for area. Addition ally, our new Law Center is now comment, a new task force was formed make even more accessible to all parts of the State, recommendations on protocols, parameters, which will encourage the engagement of mem - rules, and regulations for consideration by the bers in the counties who found it burdensome Court in its rule-making process. to travel to Providence for Bar events. We hope This is not a commercial for our Bar Associa - the new Law Center will become a mainstay for tion. This is a call to action. For lawyers to con - our members, especially younger lawyers, as a tinue in successful, happy and productive prac - place to learn, network and service clients. tices, and for the Bar to continue to do the good Rhode Island Bar Journal Septembe r/ October 20 15 3 work it does for members and the public, best practices or processes in the delivery RHODE ISLAND BAR JOURNAL we need everyone to be engaged. Engage - of legal services, contact the CLE Com - Editorial Statement ment is a term I use frequently in my law mittee about offering a session to share The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island firm and can be difficult to define. To me, your insights, innovations and knowl - attorneys, judges and others interested in Rhode Island it means to be involved, to participate edge. And where you can, especially if law. The Bar Journal is a paid, subscription magazine and, more importantly, to care. It means you have experience in legal issues that published bi-monthly, six times annually and sent to, among others, all practicing attorneys and sitting judges, roll ing up your sleeves and doing the directly impact people’s daily lives, help in Rhode Island.