Rhod e Isl and Bar Journal Rhode Island Bar Association Volume 60. Number 3. Novembe r/ December 2 011 Criminal Consequences of Sending False Information on Social Media Preserving Tax Incentives for Charitable Giving New Scarlet Letter: Are We Taking The Sex Offender Label Too Far? Refusal Cases: Beyond the Basics Book Review: Constitution Day: Reflections by Respected Scholars RHODE I SLAND Bar Association 1898 11 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 Criminal Consequences of Sending False Information honest, courteous and fair. on Social Media Editor In Chief , David N. Bazar John R. Grasso, Esq. and Brandon Fontaine Editor , Frederick D. Massie Assistant Editor , Kathleen M. Bridge 13 Preserving Tax Incentives for Charitable Giving Editorial Board James S. Sanzi, Esq. Victoria M. Almeida, Esq. Bryan W. Hudson, Esq. Ellen R. Balasco, Esq. Hon. Patricia A. Hurst 17 The New Scarlet Letter: Susan Benfeito, Esq. Marcia McGair Ippolito, Esq. Moshe S. Berman, Esq. Tobias Lederberg, Esq. Are We Taking The Sex Offender Label Too Far? Roland E. Chase, Esq. Courtney L. Manchester, Esq. Katherine Godin, Esq. Jerry Cohen, Esq. Ernest G. Mayo, Esq. Debra Conry, Esq. Elizabeth R. Merritt, Esq. Eric D. Correira, Esq. Kerri M. Morey, Esq. 23 Lunch with Legends: Trailblazers, Trendsetters and Treasures Diane B. Daigle, Esq. Matthew R. Plain, Esq. of the Rhode Island Bar 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. Kevin J. Gallagher, Esq. Elliot Taubman, Esq. 27 BOOK REVIEW Constitution Day: Reflections by Respected Maureen D. Gemma, Esq. Timothy C. Twardowski, Esq. Scholars edited by Patrick T. Conley, Esq. Jay S. Goodman, Esq. Harris K. Weiner, Esq. Jay S. Goodman, Esq. Executive Director , Helen Desmond McDonald 31 Refusal Cases: Beyond the Basics Association Officers William J. Delane y, President Robert H. Humphrey, Esq. and Kimberly A. Petta, Esq. Michael R. McElroy, President-Elect J. Robert Weisberger, Jr. , Treasurer Bruce W. McIntyre, Secretary Direct advertising inquiries to the Editor, Frederick D. Massie, Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903, (401) 421-5740. Features USPS (464-680) ISSN 1079-9230 Rhode Island Bar Journal is published bimonthly by 3 New Initiatives in the Practice 37 Lawyers on the Move the Rhode Island Bar Association, 115 Cedar Street, and at the Bar 44 In Memoriam Providence, RI 02903. PERIODICALS POSTAGE PAID AT PROVIDENCE, RI 11 Rhode Island National Guard General 46 Advertiser Index Praises Bar’s Volunteer US Armed Subscription: $30 per year Forces Legal Service Project Postmaster 25 Continuing Legal Education Send Address Correction to Rhode Island Bar Journal, 115 Cedar Street, Providence, RI 02903 35 SOLACE – Helping Bar Members in Times of Need www.ribar.com Front Cover Photograph Providence City Hall, by Brian McDonald XX% Cert no. XXX-XXX-000 New Initiatives in the Practice and at the Bar Some 36 years ago, I was a sports writer at lawyer. Another, from Attleboro, wanted to Notre Dame. I was a pretty good sports writer. know about procedures in Rhode Island District In fact, my Dad was upset when I turned down Court, as they are different from those in a job with ABC Sports to go to law school. It Massachusetts District Court. One had just was one of the few times I saw him sad from a started her own firm and was interested in any decision I made. But for me, there was no deci - free seminars, as well as whether any of the sion because I always wanted to be a lawyer. other Committee members had referrals. I was the sports editor of the Notre Dame These young professionals deserve the means Scholastic , the school’s magazine. One of the to grow into fine and competent attorneys. issues was devoted to a recap of the football Passing the bar examination only confirms min - season. The Scholastic’s Football Review was imum competence. Even after 28 years of prac - a 48-page tribute to the recently-completed tice, I can honestly state I am still growing and William J. Delaney, Esq. season. The 1974 Scholastic Football Review developing in my profession. There is a reason President featured a four-page color cover. It was truly why the legal profession is most often described Rhode Island Bar Association an experience in which I still take great pride as the practice of law . some 37 years later. Our new lawyers deserve all the assistance So what does this have to do with my we can provide to further their professional and President’s message? With due deference to the personal development. The Bar’s newly-estab - Providence Journal’s sportswriters Bill Reynolds, lished Online Attorney Resource (OAR) pro - Jim Donaldson and Dan Shaughnessy, in each gram, more fully discussed below, will serve as issue of the Scholastic , I wrote a column based a means to provide mentoring, guidance, and on three or four talking points titled, Irish strategies to new lawyers who need and desire Our new lawyers Sports Shorts . What follows is a similar, multi - the relationships many of us have had the pleas - ple topic review with a legal bent, and more ure of fostering and developing during our deserve all the particularly, with a Bar Association focus. I careers. I still rely upon my mentors to guide hope you enjoy my effort. me through tough and challenging issues. I assistance we can encourage all Bar members to aid me in leaving provide to further Our Bar’s New Lawyers’ Committee the next generation of Rhode Island lawyers a I made a commitment to attend at least one little better off than ours. Members with less their professional meeting of the Bar Association’s 26 committees than ten years of experience comprise over one and personal this year. Most of my predecessors have under - quarter of the Bar Association. They are our taken this challenging task and, in the process, life’s blood. Please handle them with care. I development. gained many pounds from the luncheons com - urge our more seasoned members to volunteer mensurate with some of these meetings. One as information resources for the OAR Program. of the more interesting meetings I attended was And, I encourage all our new members to seek the New Lawyers Committee’s. Our Bar defines the assistance of OAR volunteers and actively new lawyers as those admitted to practice for participate in one or more of our excellent Bar ten years or less, regardless of the lawyer’s age. committees. This involvement and participation This group is comprised of approximately 1,750 will benefit all of us today and in the future. of the Bar Association’s 6,300 members. To say this particular committee is one of the Bar National Guard General’s Visit to the House Association’s most important and crucial is an of Delegates understatement, as the future of our Bar and We had the distinct pleasure to receive Major our profession rests with them. General Kevin R. McBride, Adjutant General These new lawyers are an interesting group. of the Rhode Island National Guard, who Most are well organized, confident, quite social, addressed the House of Delegates on September and enjoy networking. During the meeting, 26th. Immediate Past Bar President Victoria Committee members shared their areas of legal Almeida introduced General McBride to the focus and professional and personal interests. House, and he gave an inspirational talk con - One said he was driving from Boston each day cerning the much-appreciated assistance our to Cranston, leaving a newborn with his law Bar is providing to Rhode Island service people school classmate wife, a Boston government and their families, on a myriad of legal issues, Rhode Island Bar Journal Novembe r/December 2011 3 through the Bar’s United State Armed During the proceedings, I spent some RHODE ISLAND BAR JOURNAL Forces Legal Service Project. time with several of the attendees, some Editorial Statement Following the General’s address, I of whom were around my age, and dis - The Rhode Island Bar Journal is the Rhode Island Bar Association’s official magazine for Rhode Island recognized Bar member and U.S. Army cussed their issues, many of which were attorneys, judges and others interested in Rhode Island Captain Michael Jolin’s gift to our Bar heartbreaking. I also spoke with two for - law. The Bar Journal is a paid, subscription magazine of an attractive, framed, wooden presen - mer veterans who are Bar members and published bi-monthly, six times annually and sent to, tation case including a plaque and an asked them to join our Armed Forces among others, all practicing attorneys and sitting judges, in Rhode Island. This constitutes an audience of over American flag which had flown in Legal Services Project. They both accept - 6,000 individuals. Covering issues of relevance and pro - Afghanistan. I invited the Delegates to ed my invitation. It was a good day all viding updates on events, programs and meetings, the view the gift following the meeting, and around. Please be mindful of what veter - Rhode Island Bar Journal is a magazine that is read on arrival and, most often, kept for future reference. The former Bar President Harold Demopulos ans can do for veterans during these har - Bar Journal publishes scholarly discourses, commen - cradled the case in a touching manner.