BarJournal Jrnl-Annl.pdf · ExecutiveDirector Helen Desmond McDonald Association William J. Delane y Officers President Michael R. McElroy President-Elect J. Robert Weisberger, Jr

Rhode Island Bar JournalRhode Island Bar Associat ion Volume 60. Number 1. July/August 2011

Rhode Island Bar AssociationOfficers 2011-2012

Association Annual Reportand Committee Reports

Annual Meeting and Awards

Rhode Islanders at Gettysburg

Editor In Chief David N. BazarEditor Frederick D. MassieAssistant Editor Kathleen M. BridgeEditorial Board Victoria M. Almeida

Ellen R. BalascoRoland F. ChasePatrick T. ConleyJerry CohenWilliam J. DelaneyJay S. GoodmanPatricia A. HurstTaylor J. HillsGraham H. HowlandBryan W. HudsonMarcia McGair IppolitoWilliam M. KolbErnest G. MayoKathryn H. PetitHeather M. SpellmanJonathan L. StanzlerJennifer L. SylviaJoshua TeverowTimothy C. TwardowskiScott J. VernonHarris K. Weiner

Executive Director Helen Desmond McDonaldAssociation William J. DelaneyOfficers President

Michael R. McElroyPresident-ElectJ. Robert Weisberger, Jr.TreasurerBruce W. McIntyreSecretary

Direct advertising inquiries to the Editor,Frederick D. Massie, Rhode Island Bar Journal,115 Cedar Street, Providence, RI 02903,(401) 421-5740.

USPS (464-680) ISSN 1079-9230Rhode Island Bar Journal is publishedbimonthly by the Rhode Island Bar Association,115 Cedar Street, Providence, RI 02903.PERIODICALS POSTAGE PAID AT PROVIDENCE, RI

Subscription: $30 per year

PostmasterSend Address Correction to Rhode Island BarJournal, 115 Cedar Street, Providence, RI 02903

www.ribar.com

Front Cover PhotographBarrington Town Hall, by Brian McDonald

RHODE ISLAND BAR ASSOCIATIONLAWYER’S PLEDGE

As a member of the Rhode Island Bar Association, I pledgeto conduct myself in a manner that will reflect honor uponthe legal profession. I will treat all participants in the legalprocess with civility. In every aspect of my practice, I will behonest, courteous and fair.

Article9 Rhode Islanders at Gettysburg:

Lessons for Criminal Defense LawyersMichael A. DiLauro, Esq.

3 The Honor and Privilege ofTwenty-Four Years of Bar Service

5 New Rhode Island Bar AssociationPresident and 2011-2012 ExecutiveOfficers

7 Rhode Island Bar Association2011-2012 Officers’ Profiles

15 2011 Chief Justice Joseph R.Weisberger Judicial Excellence Award

15 2011 Joseph T. Houlihan LifetimeMentor Award

16 2011 Volunteer Lawyer & Pro BonoProgram For The Elderly AwardRecipients

17 Rhode Island Bar Journal Lauren E.Jones Writing Award

17 50 Years of Service – 2011 HonoraryMembers

18 2011 Dorothy Lohmann CommunityService Award Recipients

20 Relevant Current Events TopicsInspire Lively Dialogues on RhodeIsland Law Day

21 Mount Saint Charles AcademyStudent Wins 2011 Rhode IslandLaw Day Essay Contest

22 Volunteer Bar Lawyers Offer FreeInformation and Advice on RhodeIsland Bar/NBC10 Ask a LawyerPartnership Programs

23 Bar President Lise M. Iwon andNBC10 Anchor Frank CollettaHighlighted Volunteer LawyerContributions on Sunrise Show

24 Rhode Island Bar Foundation2011 Annual Meeting

25 Proposed Title Standards RevisionsOpen for Bar Member Review andComment

26 2011 Annual Meeting Highlights

30 Rhode Island Bar Association Reportof Nominating Committee(Article VIII, Rhode Island BarAssociation Bylaws)

33 New Rhode Island Women’s BarAssociation Officers and Board

33 Primer on Bankruptcy Practice andProcedure

34 In Memoriam

39 Memoriam – July 2010 – June 2011

39 Angel Tavares congratulatesTanya Nieves

41 SOLACE – Helping Bar Membersin Times of Need

44 Publish and Prosper in the RhodeIsland Bar Journal

44 Counting to Ten Really Does Work

45 Advertiser Index

Features

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Cert no. XXX-XXX-000

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RHODE ISLANDB a r A s s o c i a t i o n

Summer HoursRhode Island Bar Association

Monday, June 20, 2011throughFriday, August 26, 2011

9:00 a.m. to 4:30 p.m.Monday – Friday

399

Rhode Island Bar Journal July/August 2011 3

By the time you are reading this, the heat ofAugust will be bearing down upon us, and mem-ories of our Rhode Island Bar Association 2011Annual Meeting will be fading. I hope youenjoyed the Meeting, renewed old acquaintances,paid attention to your results from the WellnessCenter concerning your health, and, perhaps,came away with a few practice pointers forimplementation down the line.

Before I go any further, I acknowledge thewonderful and inspiring year just completed byLise Iwon as our Bar Association President. Shewas instrumental in advancing ideas, forums andprograms that have assisted not only our mem-bers, but the Rhode Island public at large, and Icongratulate her on an outstanding term. Lise’slegacy is already evidenced by your overwhelmingacts of professionalism on behalf of Rhode Island-ers, your personal involvement in your communi-ties and, directly, with the lives of your friendsand families. Great job, Lise, and many thanks.

To paraphrase Richard Dreyfuss in the movieclassic, Let it Ride, I was “having a good day” onJune 16, 1987. It was a Tuesday, and my parents,brother and I made the trek from Albany toProvidence for my swearing in as a member ofthe Rhode Island Bar.

I had initially traveled to Rhode Island onFebruary 23, 1987 to sit for the bar. To para-phrase Snoopy, it “was a cold and dark day,”as I travelled from Albany to Providence. I stayedat what is now the Comfort Inn on the S-curve inPawtucket for the two days of the exam. MagnumPI was showing an episode starring Frank Sinatraas James Delaney, a New York City Police Lieu-tenant following a crime to the Islands (and I donot mean Block Island). Delaney, with Magnum’sassistance, solved the crime. I thoroughly enjoyedthe show and fell asleep thinking that Sinatraplaying the Delaney character was a good omenfor me over the next two days.

I had thrown out my knee (for the 20th or sotime) a few weeks prior to the bar exam. I hadbeen limping around in an immobilizer with theremote hope of stabilizing it before the dreadedexam dates. I entered Garrahy, hobbled to thethird floor on my crutches, and sat in myassigned seat.

Lou Jackvony, who would be with us for thenext two days, was one of our bar examiners. Heobserved my discomfort and offered me anotherchair to rest my leg. I graciously accepted his act

of kindness, settled in and the exam began.I do not recall anything in particular about

either day of the bar exam other than the visitI made during the Wednesday lunch break to theRhode Island Bar Association offices located onthe first floor and the basement of 91 FriendshipStreet, directly across the street from Garrahy.I do have a memory of tripping down the stairsfrom the first floor to the basement during myvisit. I recall the stairwell as dark, but with a lotof traffic, as the Bar Association staff was doingits work at a frantic pace (some things never dochange). Very busy indeed.

Almost four months later, June 16th came. Italmost didn’t. You see, I never received a letterfrom the Supreme Court on my exam results.On June 5th, my birthday, I finally worked upthe nerve to call the Clerk’s office to determinemy status.

I recall it was a weird phone conversation. Iwas sitting in a downtown Albany fern bar get-ting razzed by my friends, not only on my 33rdbirthday, but about my supposed move to RhodeIsland to practice. Finally, I gave in, asked thebartender for the telephone, dialed the Clerk ofthe Supreme Court, and identified myself. I askedwhen I could expect to receive a notice of theresults of my exam. She paused, apparentlychecked a list, and said to me, “Why aren’t youhere for the clerkship program?”

So, there you have it. Following several cele-brations on my joyful status as a pending RhodeIsland attorney, Mom, Dad, my brother Joey andI arrived on June 16th on the Seventh Floor of250 Benefit Street. Joey was late (as usual). Hemissed the opening of the curtain behind thechairs and the entrance of Justice Murray tobegin the admissions ceremony. It was swell.

On June 16, 2011, I was sworn in as Presidentof the Rhode Island Bar Association the “greatestlittle Bar Association in the USA” (with due def-erence to Jim Carrey, star of the Farrelly Brothersfilm set and focused in Rhode Island, Me, Myselfand Irene). Please note the coincidence of thetiming, twenty-four years to the day of my firstgood day in Rhode Island. And, to boot, myfirm’s Providence office occupies the first floorand basement of 91 Friendship Street. Coinci-dence? I think not. I call it fate.

Having the honor and privilege of being amember of the Rhode Island Bar for the pasttwenty-four years has permitted me the opportu-

The Honor and Privilege ofTwenty-Four Years of Bar Service

William J. Delaney, Esq.

President

Rhode Island Bar Association

Our Bar Associa-tion provides eachof us the abilityto hone our pro-fessional skills,mentor youngerattorneys anddevelop programsand platforms toprovide much-needed leadershipto the public.

4 July/August 2011 Rhode Island Bar Journal

nity to fulfill my goal of being a goodlawyer. I have thoroughly enjoyed myinvolvement in the Rhode Island BarAssociation over these years as well. Thework I have done over these years, includ-ing representing those in need, as well asassisting in the adoptions of over ten chil-dren during the period, resonates tingles asI type these words. Rhode Island lawyersmake a profound difference in people’slives, and, here in Rhode Island, our BarAssociation has proven a tireless and vitalcog in every Rhode Islander’s life.

Our Bar Association provides each of usthe ability to hone our professional skills,mentor younger attorneys and developprograms and platforms to provide much-needed leadership to the public. It furnish-es us with super continuing legal educationprograms, a great Bar Journal, CASEMAKERour 24/7, free-to-members, online lawlibrary, a wide range of public serviceopportunities, and a wonderful home head-quarters. Please take the time to take fulladvantage of what the Rhode Island BarAssociation offers each of us on a dailybasis.

Rhode Island Lawyers are outstandinglawyers. Do something this year, not onlyto better you professionally, but personally.Take a volunteer case through the Bar’s

Volunteer Lawyer Program. Veterans,please join me in accepting cases under theBar’s United States Armed Forces LegalServices Project. Join the newly-establishedSOLACE Program. Run for a seat in theGeneral Assembly. We need more of us toplay a role in ensuring good governmenthere in Rhode Island. Mentor a youngerattorney. Hire a law clerk from RogerWilliams University School of Law. Dosomething to make a difference. We canall make our quality of life, and those ofothers in our community, better with ouractions.

Finally, I thank each and every memberof the Rhode Island Bar Association forbecoming a Rhode Island attorney. I lookforward to working with all of you duringthis year. I wish to express in advance myeternal gratitude to my wife and kids fortheir patience and understanding whenmy Bar Association duties call me away.Further, I want to express my appreciationto my law partners, Richard DeMerchantand Kevin Heitke, for their enthusiasmand support on my behalf as I begin thischallenging role and responsibility. I amforever in their collective debt.

I thank you for the opportunity to be apart of our Rhode Island Bar Association.Have a happy and healthy summer. �

RHODE ISLAND BAR JOURNAL

Editorial StatementThe Rhode Island Bar Journal is the Rhode Island

Bar Association’s official magazine for Rhode Islandattorneys, judges and others interested in Rhode Islandlaw. The Bar Journal is a paid, subscription magazinepublished bi-monthly, six times annually and sent to,among others, all practicing attorneys and sitting judges,in Rhode Island. This constitutes an audience of over6,000 individuals. Covering issues of relevance and pro-viding updates on events, programs and meetings, theRhode Island Bar Journal is a magazine that is read onarrival and, most often, kept for future reference. TheBar Journal publishes scholarly discourses, commen-tary on the law and Bar activities, and articles on theadministration of justice. While the Journal is a seriousmagazine, our articles are not dull or somber. We striveto publish a topical, thought-provoking magazine thataddresses issues of interest to significant segments ofthe Bar. We aim to publish a magazine that is read,quoted and retained. The Bar Journal encourages thefree expression of ideas by Rhode Island Bar members.The Bar Journal assumes no responsibility for opinions,statements and facts in signed articles, except to theextent that, by publication, the subject matter meritsattention. The opinions expressed in editorials representthe views of at least two-thirds of the Editorial Board,and they are not the official view of the Rhode IslandBar Association. Letters to the Editors are welcome.

Article Selection Criteria• The Rhode Island Bar Journal gives primary prefer-

ence to original articles, written expressly for firstpublication in the Bar Journal, by members of theRhode Island Bar Association. The Bar Journal doesnot accept unsolicited articles from individuals whoare not members of the Rhode Island Bar Association.Articles previously appearing in other publicationsare not accepted.

• All submitted articles are subject to the Journal’seditors’ approval, and they reserve the right to editor reject any articles and article titles submitted forpublication.

• Selection for publication is based on the article’srelevance to our readers, determined by content andtimeliness. Articles appealing to the widest range ofinterests are particularly appreciated. However, com-mentaries dealing with more specific areas of law aregiven equally serious consideration.

• Preferred format includes: a clearly presented state-ment of purpose and/or thesis in the introduction;supporting evidence or arguments in the body; anda summary conclusion.

• Citations conform to the Uniform System of Citation• Maximum article size is approximately 3,500 words.

However, shorter articles are preferred.• While authors may be asked to edit articles them-

selves, the editors reserve the right to edit pieces forlegal size, presentation and grammar.

• Articles are accepted for review on a rolling basis.Meeting the criteria noted above does not guaranteepublication. Articles are selected and published at thediscretion of the editors.

• Submissions are preferred in a Microsoft Word for-mat emailed as an attachment or on disc. Hard copyis acceptable, but not recommended.

• Authors are asked to include an identification of theircurrent legal position and a photograph, (headshot)preferably in a jpg file of, at least, 350 d.p.i., withtheir article submission.

Direct inquiries and send articles and author’sphotographs for publication consideration to:Rhode Island Bar Journal Editor Frederick D. Massieemail: [email protected]: 401-421-5740

Material published in the Rhode Island Bar Journalremains the property of the Journal, and the authorconsents to the rights of the Rhode Island Bar Journalto copyright the work.

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New Rhode Island Bar

Association President

William J. Delaney pledges

to uphold and further the Bar

Association’s core mission

and goals. He praised

Immediate Past President

Lise M. Iwon for her efforts

on behalf of the Bar

Association and in support

of public service.

The Rhode Island Bar

Association Executive

Officers were enthusiastically

and unanimously endorsed

at the 2011 Annual Meeting.

[l to r] J. Robert Weisberger,

Jr., Esq., Treasurer, counsel

with Edwards Angell Palmer

& Dodge; Michael R.

McElroy, Esq., President-

Elect, partner of Schacht &

McElroy; Bruce W. McIntyre,

Esq., legal counsel for the

Rhode Island Department

of Health; and William J.

Delaney, Esq., President,

partner of Delaney

DeMerchant & Heitke, LLP.

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J. Robert Weisberger, Jr., Esq.

Treasurer

William J. Delaney, Esq. is President of theRhode Island Bar Association and a partnerof Delaney DeMerchant & Heitke LLC inProvidence and Harrisville. Bill received hisundergraduate degree from the University ofNotre Dame, his MBA from RensselaerPolytechnic Institute, his J.D. from Albany LawSchool of Union University, and his L.L.M. inAmerican Banking Law Studies from TheMorin Center, Boston University School ofLaw. He is a member of the Rhode Island BarAssociation’s House of Delegates and ExecutiveCommittee, a Rhode Bar Foundation LifetimeFellow, and a Fellow of the American BarAssociation. He previously served on the RhodeIsland Legal Services Board of Directors andis currently a member of the Rhode IslandSupreme Court’s MCLE Commission. Billrecently completed his eleventh year as a RogerWilliams University School of Law AdjunctProfessor, where he also serves as an AdvisoryBoard member. He is serving his second yearas Adjunct Professor at Western New EnglandCollege School of Law and his first at SuffolkUniversity Law School. He is a member of theAmerican Bar Association, the American Bank-ruptcy Institute, and the Massachusetts, NewHampshire, Vermont, New York, Pennsylvaniaand Connecticut Bar Associations. Bill is arecipient of the Rhode Island Bar Association’sPro Bono Publico Award and the Bar’s Continu-ing Service Award. Bill resides with his familyin Barrington.

Michael R. McElroy, Esq. is President-Electof the Rhode Island Bar Association. He isa resident of Providence and a partner in theProvidence law firm of Schacht & McElroy. Agraduate of the University of Rhode Island, heearned his law degree from Boston UniversitySchool of Law and his Masters Degree in Taxa-tion from Bryant University. He is a former,three-term Chairman of the Superior CourtBench/Bar Committee, and he is a memberof the House of Delegates and the ExecutiveCommittee of the Bar Association. He is aFellow of the Rhode Island Bar Foundation.He is admitted to practice in Rhode Island,Massachusetts, and Tennessee, as well as vari-ous United States District Courts, Courts ofAppeal, and the United States Supreme Court.He is a member of the Rhode Island Associa-tion for Justice. He is a former Special AssistantAttorney General, and he is currently LegalCounsel to the Rhode Island Personnel AppealBoard. He is a member of the Advisory Boardof Jammat Housing and Community Develop-ment Corp., a non-profit community organiza-tion. He was Captain of the University of RhodeIsland Crew Team and continues to enjoy sports.He and his wife Christine have three children.

J. Robert Weisberger, Jr., Esq. is Treasurer ofthe Rhode Island Bar Association. He is counselwith Edwards Angell Palmer & Dodge, servingin the firm’s litigation department representingCVS as national litigation counsel. Bob is amember of the Rhode Island Bar Association’s

Rhode Island Bar Association2011-2012 Officers’ Profiles

Bruce W. McIntyre, Esq.

Secretary

William J. Delaney, Esq.

President

Michael R. McElroy, Esq.

President-Elect


Executive Committee and House ofDelegates. He has chaired the Bar’sGovernment Relations Committee andthe Annual Meeting Planning Committee.He has also served on several of the Bar’sstanding committees. Bob is a RhodeIsland Bar Foundation Fellow and a mem-ber of the American Bar Association. Formany years, he served as a member of theBoard of Directors and Executive Com-mittee of McCauley House. He serves histown of Smithfield as its Town Moderator.He enjoys sailing and playing his saxo-phone with different music groups.

Bruce W. McIntyre, Esq. is Secretary ofthe Rhode Island Bar Association. He hasbeen legal counsel to the Rhode IslandDepartment of Health, Board of MedicalLicensure and Discipline since 1991. He iscurrently its Acting Chief AdministrativeOfficer. His legal expertise is in the areasof medical regulation of physicians,physician assistants, chiropractic physi-cians, and acupuncture and oriental med-icine. He is an immediate past Director atthe Federation of State Medical Boards ofthe US, Inc. Bruce also advises the RhodeIsland Director of Health on legal andlegislative issues. He has served as anadministrative hearing officer for theBoards of Pharmacy, Nursing, Dentistryand Certificate of Need. He is activein civic and professional associations,having served on the Jamestown TownCouncil, and he is a current memberof the Rhode Island Bar AssociationHouse of Delegates and its ExecutiveCommittee. He is also a member of theBar of the United States District Courtfor the First Circuit and of the SupremeCourt of the United States of America. �

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A recent trip to Gettysburg caused me to reflecton how we criminal defense lawyers do so muchwith so little, and the profound effect ourefforts have in deterring tyranny and oppression.

Visiting the Gettysburg National MilitaryPark is a transcendent experience. It is beautifulcountry, with gently rolling terrain perfect forfarming which, prior to the battle, most of itwas devoted, and featuring forests and hills,reminiscent of New England. Over a thousandbronze, granite, and marble markers cover thebattlefield, beautiful works of art erected byveterans from both sides, commemorating unitplacements and heroic actions. While there,one senses the truth in the powerful words ofColonel Joshua Lawrence Chamberlain, a heroof the first magnitude, whose actions in com-mand of the 20th Maine Regiment at LittleRound Top not only earned him the Congres-sional Medal of Honor, but probably savedthe entire left flank of the Union Army on thesecond day of the battle on July 2, 1863:

In great deeds something abides. On greatfields something stays. Forms change andpass; bodies disappear, but spirits linger, toconsecrate ground for the vision-place ofsouls. And reverent men and women fromafar, and generations that know us not andthat we know not of, heart-drawn to seewhere and by whom great things were suf-fered and done for them, shall come to thisdeathless field to ponder and dream; And lo!The shadow of a mighty presence shall wrapthem in its bosom, and the power of thevision pass into their souls.1

Near the center of the Union line on CemeteryRidge, scene of the third and climactic final dayof the battle when more than 20,000 mencrashed together in what is now popularly knownas Pickett’s Charge, lie two modest monumentsseparated by about 100 yards, placed in andnear an area known as The Angle. Somewhatovershadowed by their nearby larger cousins,they mark where Rhode Island Light ArtilleryBatteries A & B were placed during the battle.

It is unfortunate that, with certain excep-tions such as Elisha Hunt Rhodes’ diary as amember of the 2nd RI Volunteers Infantry

Regiment and the bumbling of GeneralAmbrose Burnside, Rhode Island’s role in theCivil War is not fully appreciated.2 But, at leastat the Battle of Gettysburg, Rhode Island’s posi-tive contribution to the Union cause, and byRhode Island Light Artillery Batteries A & Bin particular, was profound, far exceeding theirrespective sizes by a wide margin.3

In preparation for Pickett’s Charge, and tosoften up the Union position for the infantryassault, approximately 200 pieces of artillery,under the command of the brilliant, young,Confederate artillery commander Colonel E.Porter Alexander, shelled the Union positionon Cemetery Ridge for two hours in a giganticcannonade. It was the largest ever on Americansoil, heard several hundred miles away inPittsburgh.

Rhode Island Light Artillery Battery B stoodslightly south and to the rear of the famedCopse of Trees on Cemetery Ridge. Locatedat the epicenter of the entire Union position,Confederate General Robert E. Lee designatedthe Copse of Trees the objective for the 15,000men making Pickett’s Charge. Alexander’sartillery bombardment was meant to dislodgethe Rhode Island battery and other Unionartillery and infantry that, if left in place,would rake the advancing Confederate infantry.During the Confederate cannonade, awful andheroic events took place at this location:

At 1:00 p.m. (on July3rd) the men wereready for their mid-day meal whenConfederate Artillery opened fire. WhenUnion guns replied, the fighting wasdescribed as the “most terrible ever wit-nessed on this continent.” This was the startof the two hour artillery barrage that wouldprecede “Pickett’s Charge,” the high watermark of the Confederacy. The GettysburgGun had been struck twice receiving minordamage. Private William Jones had nowstepped to his place at the right wheel ofthe gun and having swabbed the gun, stoodwaiting for Private Alfred Gardner to finishinserting the black powder charge. At thatinstant, a Rebel shell struck the gun andexploded, causing a large dent in the face of

Rhode Islanders at Gettysburg:Lessons for Criminal Defense Lawyers

Michael A. DiLauro, Esq.

Assistant Public Defender,

Director of Training &

Legislative Liaison


the guns muzzle. Tearing the headfrom Private William Jones killing himinstantly. Private Gardner was mortal-ly wounded, struck in the left arm andshoulder.

Private William Jones Private Alfred Gardner4

It was reported that Colonel Alexander,seeing several pieces of artillery fromBattery B being removed from the fieldabout a mile away, mistakenly thoughtthat his cannonade was having the desiredeffect and, thus, ordered the cannonadeto cease to save ammunition.5 Partially asa result of this misapprehension, manyUnion artillery and infantry units survivedand were able to successfully repelPickett’s assault.

Rhode Island Light Artillery Battery Astood about 100 yards north of Battery B.Critically placed at a ninety degree jag inthe stone wall from which The Anglederived its name, Battery A too with-stood the Confederate artillery bombard-ment, then took heavy rifle and smallarms fire from the advancing infantry.Ultimately, Battery A succeeded in help-ing stop the furthest Confederate advanceon the field that day:

One of the guns of Battery A wasdouble-shotted with canister. PrivateWilliam C. Barker was No. 4, and hestood holding the lanyard which wasattached to the primer to fire thepiece, and, as a regiment of Pettigrew’sbrigade [the Twenty-sixth NorthCarolina] was charging the positionheld by the battery and the FourteenthConnecticut and First Delaware regi-ments of infantry, and had almostreached the wall just in front of us,Sergt. Amos M. C. Olney cried out:“Barker, why the d—l don’t you firethat gun! pull! pull!” The No. 4obeyed orders and the gap made inthat North Carolina regiment wassimply terrible. [Lewis] Armistead hadjust fallen, and Pickett’s charge had

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Facing east, monuments to 26th North Carolina

Regiment and RI Light Artillery, Battery A (back-

ground), Gettysburg, PA.

failed. This was the last shot firedfrom our battery when the rebelsbroke in retreat, and Gettysburg waswon.6

As was the case with these RhodeIsland units at Gettysburg our role ascriminal defense lawyers is central to oursystem of criminal justice. While ournumbers and resources are small, and ourrole not always appreciated, our impact isindeed profound. Consider for example:

• The motions to suppress we file andrelated hearings breathe life into thebeautiful words of our Constitution.

Facing west, monument to RI Light Artillery,

Battery A, Gettysburg, PA. The monument to the

26th North Carolina Regiment is about ten yards

down the hill in front, slightly to the right. From

http://www.gettysburg.stonesentinels.com/RI.php

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They help ensure honesty in evidencegeneration including confessions, eye-witness identifications, and the seizureof physical evidence.

• The motions in limine we file andrelated hearings, questioning the rele-vancy, reliability, and admissibility ofvarious forms of forensic evidencehave caused wholesale reforms acrossthe country. Gunshot residue evidence;voice stress analysis; and junk scienceoutposts and crime lab scandals acrossthe country were all exposed throughthe efforts of criminal defense lawyers.

• While words are our weapons, ourbest weapon, cross examination, is, asJohn Henry Wigmore stated, “……thegreatest legal engine ever invented forthe discovery of truth.” Its effectiveuse at trial is an indispensable compo-nent of the court’s truth-discerningfunction.

• Wrongful convictions and exonera-tions across the United States havebeen brought to light by criminaldefense lawyers. And, we are in theforefront of criminal justice reformefforts resulting from these exposedtravesties of justice.

• We stand as a bulwark, helping toprotect the poor, powerless, and thoseunable to protect themselves from theawesome power of the government.In so doing, we help to effectuate theconstitutional guarantees of dueprocess of law.

• As Rhode Island criminal defenselawyers, we may consider the exampleof our predecessors so long ago atGettysburg. Like them, stay strong, becourageous, and fight the good fight.Be proud of the work you do. Likethem, your efforts have extraordinaryvalue far beyond your numbers andresources in promoting freedom,deterring tyranny and oppression,and promoting the rule of law.

ENDNOTES1 Joshua Lawrence Chamberlain speaking at thededication of the Monument to the 20th Maine,October 3, 1889, Gettysburg, PA.2 In fact Rhode Island sent over 21,000 men tothe Union Army in the Civil War and was repre-sented at Gettysburg by almost 1,000 men in aninfantry regiment and five artillery batteries.http://www.gettysburg.stonesentinels.com/RI.php(last visited on 4/23/11).3 At Gettysburg each “battery” of the UnionArmy was typically made up of six artillery pieces

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with only fourteen out of the sixty five batteriesengaged having four. Mark Adkin, THE GETTYSBURG

COMPANION (Stackpole Books, 2008) p. 141.4 Text and photographs from the website ofBattery B, Rhode Island Light Artillery,http://www.batterybri.org/ (last visited on 4/23/11).The artillery piece described as “The GettysburgGun’’ can be seen upon entering the Rhode IslandStatehouse with an artillery shell still wedged in itsmuzzle and other battle damage clearly visible.5 George R. Stewart, PICKETT’S CHARGE: A MICRO-HISTORY OF THE FINAL ATTACK AT GETTYSBURG

(Houghton Mifflin Co., Boston, 1959) pp. 158-159.6 Thomas M. Aldrich, THE HISTORY OF BATTERY

A, FIRST REGIMENT RHODE ISLAND LIGHT

ARTILLERY, IN THE WAR TO PRESERVE THE UNION,1861-1865 (Providence: Snow & Farnham,Printers, 1904) p. 216. It should be noted that ahealthy conversation has arisen about the viabilityand relative placements of the six pieces of artillerymaking up RI Light Artillery Battery A and the26th North Carolina Infantry Regiment, perhapsattributable to the “fog of war” and passage oftime. Compare, Aldrich, supra, to, Bruce A.Trinque, ARNOLD’S BATTERY AND THE 26TH

NORTH CAROLINA, 12 Gettysburg Magazine Issue#12 (January, 1995)(arguing that 16th and not26th North Carolina Infantry Regiment probablyadvanced to the stone wall in front of Battery Aand even closer than the marker to the 26th NorthCarolina depicts). What is clear is those responsi-ble for the placement of the marker in 1986 reliedupon the account provided by Battery A which isquoted liberally on the marker itself. http://www.gettysburg.stonesentinels.com/Confederate/26NC.php(last visited on 4/23/11). �

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2011 Joseph T. Houlihan Lifetime Mentor AwardNamed for the late Joseph T. Houlihan who was known for his generosity of spirit and legal expertise in and out of the courtroom, theJoseph T. Houlihan Lifetime Mentor Award honors individuals who, during their careers, have consistently demonstrated an extraordinarycommitment to successfully mentoring in the Rhode Island legal community. The Award recognizes an attorney who serves as a role modelto other lawyers in Rhode Island and who has significantly contributed to the profession and/or the community, and those who, with theirexcellent counsel, have excelled as mentors and contributed to the ideals of ethics, civility, professionalism and legal skills.

Justin T. Shay, Esq., of Cameron &Mittleman, LLP in Providence, washonored with the Rhode Island BarAssociation 2011 Joseph T. HoulihanLifetime Mentor Award. A New YorkLaw School graduate and RhodeIsland attorney for nearly thirty years,Justin focuses on real estate law, oftendelivering lectures for ContinuingLegal Education and the NationalBusiness Institute seminars. He servesas a court-appointed receiver and

commissioner for the sale of real estate. He is known for hiskind and welcoming disposition, and his obliging nature. Theprofessionalism and civility he practices every day inspires andinfluences those around him.

According to Law Clerk Andrew Redman: “Justin’s help andguidance are invaluable during my time at Cameron &Mittleman. His open-door policy has not only fostered a cooper-ative working environment, but also my own abilities to tacklecomplex legal problems and to find ways to help our clients.More importantly, he actively encourages me to ask any and allquestions, and does not make me feel unintelligent or uncom-fortable if I do not understand something. Justin’s record as arole model speaks for itself: each law clerk or associate that hehas worked with highly values his guidance and advice, andeach considers him a friend. I have no doubt in my mind thatI will be a better lawyer because of Justin Shay.”

2011 Chief Justice Joseph R. WeisbergerJudicial Excellence AwardNamed in honor of its first recipient, retired Chief Justice Joseph R. Weisberger, this Award is given to a Rhode Island jurist forexemplifying and encouraging the highest level of competence, integrity, judicial temperament, ethical conduct and professionalism.

Hon. George E. Healy, Chief Judge ofthe Rhode Island Workers’ Compensa-tion Court, is honored with the 2011Chief Justice Joseph R.WeisbergerJudicial Excellence Award. He is agraduate of Northeastern Universityand Suffolk University Law Schooland admitted to practice in RhodeIsland and Massachusetts. Prior tohis appointment to the Court, hewas an active workers’ compensationpractitioner and a member of the

task forces which created the Workers’ Compensation Court.Appointed to the Court in 1991, he was sworn in as Chief Judgein 2004. In the last year, under his leadership, the Workers’Compensation Court closed a greater percentage of cases at thepre-trial conference level than at any other time. He has partici-pated in many Continuing Legal Education (CLE) programsincluding Practical Skills. He is an officer of the Rhode IslandLegal Education Partnership which manages the Rhode Island

Mock Trial program. He is an active participant in the YoungEmployee Safety Rhode Island (YES-RI) program, teaching stu-dents about their employment rights. Every year, the Chief Judgeand his Court host the Annual Meeting of the New EnglandWorkers’ Compensation Educational Conference. He is alsoan adjunct professor of law at Roger Williams University Schoolof Law.

According to Attorney Michael S. Schwartz, “As impressive ashis experience and accomplishments are, Chief Judge Healy ismost widely recognized by attorneys and litigants for his greathumility and compassion. I have tried hundreds of cases beforehim, and there is no better exemplar of the highest levels ofconfidence, integrity, judicial temperament, and ethical conductthan Chief Judge Healy.”

2011 ANNUAL MEET ING



2011 Volunteer Lawyer & Pro Bono ProgramFor The Elderly Award RecipientsPRO BONO PUBLICO AWARDEstablished in 1987, this award recognizes the outstanding efforts of attorneys who have provided equal access to justice to the needythrough the Volunteer Lawyer Program and Pro Bono Program for the Elderly during the past year. Award criteria include: case type anddifficulty, the number of hours served, and the total number of cases for the past year. Length of service through the program and totalnumber of cases taken since joining is also considered.

Pro Bono Publico Award –Volunteer Lawyer Program

David B. Hathaway, Esq. graduatedfrom Boston University’s School ofManagement and School of Law andbegan his practice in 1987 as an asso-ciate at the Cleveland, Ohio law firmof Baker Hostelter, where he wasnamed partner in 1996. In 1998, herelocated to RI after inheriting aninterest in his family’s 170 year-old

farm in Exeter. He was admitted to practice in RI the same yearand while a sole practitioner served as a Chapter 7 BankruptcyTrustee until 2003. He also served on the Professional Staff ofthe Fee Committee in the Enron Chapter 11 bankruptcy casepending in the Southern District of New York. Since 2006,Dave’s private practice has been focused primarily on insolvencyrelated representation.

Dave joined the Volunteer Lawyer Program (VLP) in early2007 and from the beginning, he has made an outstanding con-tribution to the Program. Dave has accepted 22 bankruptcy andcollections cases just in the past 18 months and contributed onehundred plus pro bono hours during this time period alone.Additionally, he has served on several Bar Association Commit-tees and has been an active member of the Public ServiceInvolvement Committee, formerly Legal Services Committee,since 2004.

His support of the VLP is only one of his volunteer efforts.David currently serves on the Board of Directors of two RhodeIsland homeless shelters, the Providence Rescue Mission andthe Welcome House in Wakefield. Dave and his wife Kelly livein Exeter and have 12 children, ages 4 through 27!

Pro Bono Publico Award – ProBono Program for the Elderly

Arthur D. Parise, Esq. graduated fromProvidence College and received hislaw degree from Emory UniversitySchool of Law. He is a sole generalpractitioner in Warwick. Arthur hasbeen an active member of the Pro BonoProgram for the Elderly since 1991.Since 2009, he has handled 15 divorcesfor elderly couples including oneinvolving a spouse who had recently entered the country andwhose whereabouts were unknown.

Over the past several years, requests for pro bono assistancefor divorces from elderly clients have steadily increased, andArthur has never refused a request to help. Other cases haveinvolved assisting vulnerable frail clients who have no family andin dire need of guardianships. For many years, Arthur has provid-ed a full range of assistance for elderly citizens with no financialresources, and he has made a contribution of over 150 hours inthe past 18 months. He has also accepted a variety of casesthrough the Volunteer Lawyer Program including negotiating cus-tody and visitation, debt collection and municipal housing issues.Arthur has served as review counsel for divorce mediation andrecently became a volunteer through President Iwon’s SOLACEinitiative.

Arthur’s other public service activities involve volunteeringfor referrals for homeless citizens and previously coaching soccerfor fourteen years. Arthur and his wife Donna have four children,Gina, Christine, Arthur, Jr. and Michael who range in age from19 through 24.



Rhode Island Bar Journal Lauren E. Jones Writing AwardEstablished in 1986, Rhode Island Bar Journal Lauren E. Jones, Esq. Writing Award authors are selected on the basis of: 1) presentation clarity;grammar; organization and need for editorial revisions; 2) article interest and information presentation; 3) information usefulness for thepractice of law, presentation of an important legal issue and timeliness; and 4) accuracy and depth of research and information provided.

Anthony F. Cottone, Esq., a solepractitioner, and Providence DeputyCity Solicitor and Chief of Litigationreceived the 2011 Rhode Island BarJournal Lauren E. Jones, Esq. WritingAward for Identifying the MunicipalClient: Some Shelter from the Storm,published in Rhode Island BarJournal: Volume 59, Number 4,January/February, 2011.

The Editors and Editorial Boardof the Rhode Island Bar Journal con-

gratulate Anthony F. Cottone, Esq., the 2011 Rhode Island BarJournal Lauren E. Jones Writing Award recipient, and strongly

encourage all Rhode Island Bar Association members to readthe Article Selection Criteria included in every issue of theRhode Island Bar Journal. Based on those guidelines, pleasesubmit articles for consideration to: Rhode Island Bar JournalEditor Frederick D. Massie via email: [email protected]. Forinformation, telephone 401-421-5740.

Editor’s Note: Attorney Cottone’s article, and the full con-tents of Bar Journals from the July/August 2009 issue forward,are available and may be viewed online and downloaded, byclicking on the Bar Journal icon on the Bar’s website Homepage. His and other past Bar Journal articles, may also beaccessed through Casemaker, the free-to-Bar-members, 24/7online law library on the Bar’s web site.

50 Years of Service - 2011 Honorary Members

Rhode Island Bar Association 201150 Year Honorary Members

Hon. Lincoln C. AlmondHon. Robert F. ArriganKenneth P. Borden, Esq.William Y. Chaika, Esq.Noel M. Field, Jr., Esq.Elia Germani, Esq.Benjamin P. Harris, III, Esq.Charles A. Hirsch, Esq.Hon. Jeremiah S. Jeremiah, Jr.Peter Lawson Kennedy, Esq.Leonard A. Kiernan, Jr., Esq.Gerald G. Norigian, Esq.Earl F. Pasbach, Esq.Vincent J. Piccirilli, Esq.Evandro R. Radoccia, Jr., Esq.Joel Robinson, Esq.Robert M. Schacht, Esq.Allan M. Shine, Esq.Louis J. Vallone, Esq.Richard W. Zacks, Esq.

At the 2011 Annual Awards Luncheon, the Rhode Island Bar Association recognized and honored

the distinguished Rhode Island attorneys who achieved a noteworthy 50 years of service. While not all

the honorary members were able to attend the Luncheon, those who did ably represented this august

group.



2011 Dorothy Lohmann Community Service Award RecipientsThe Rhode Island Bar Association’s Dorothy Lohmann Community Service Award is named in memory of Rhode Island attorney DorothyLohmann who devoted her entire professional life to helping the poor. The Dorothy Lohmann Community Service Award honors lawyerswho make noteworthy contributions in time and effort to a Rhode Island non-profit organization on a strictly voluntary, non-paid basis.

Robert A. Arena, Esq., Assistant General Counsel – Gamingand Finance of GTECH Corporation, in Providence, is recog-nized for his outstanding work on behalf of Habitat forHumanity of Rhode Island-Greater Providence (HabitatProvidence). Habitat Providence is a nonprofit organizationdedicated to eliminating poverty housing in communities in theGreater Providence area and making decent shelter a matter ofconscience and action. It constructs simple, decent, affordable,ownership houses in partnership with people in need, volun-teers, businesses, churches, community and charitable organiza-tions and government agencies and raises awareness of the needfor adequate and affordable housing.

According to Habitat Providence Executive Director HermandeKoe, “Bob Arena has been instrumental in providing decentand affordable housing to many low-income families who other-wise would still live in substandard and expensive rental units.In addition to his hands-on work building homes and serving amember of the Board of Directors for 12 years, including threeyears as President, Bob has ensured that all Habitat’s legalissues are covered, policies are consistent, and the organizationis on a sound legal footing. I cannot think of another attorneywho has had such a lasting, positive impact on a non-profitorganization.”

Thomas J. Liguori, Jr., Esq., of the law firm Urso, Liguori &Urso, in Westerly, is recognized for his outstanding work onbehalf of Stand Up for Animals. Located in Westerly, Stand UpFor Animals’ mission is to maintain a state-of-the-art animalshelter, adoption center and regional outreach center to pro-mote the welfare of lost or abandoned pets and educate andassist those who care for them.

According to Stand Up For Animals Board Past President andTreasurer Lori L. Harrison, “Attorney Thomas Liguori’s volun-teer legal assistance, mediation skills, and expertise in construc-tion law were key in helping Stand Up For Animals build ashelter and implement programming to create a space whereanimals are treated with compassion and dignity and whereevery effort is made to return an animal to its owner or placethat animal in a new safe and loving home.”

l-r: Rhode Island Bar Association President Lise M. Iwon, Esq., Habitat

Providence past Board President Bill Dibiasio, Dorothy Lohmann Community

Service Award winner Robert A. Arena, Esq., Habitat Providence Board

President Glenn Hardy, and Habitat Providence Executive Director Herman

deKoe at the recently-completed Habitat duplex located at 38-40 Veazie

Street in Providence.

l-r: Stand Up For Animals Board member Peter L. Lewiss, Esq.; Stand Up

Board Past President and Treasurer Lori L. Harrison; Rhode Island Bar

Association President Lise M. Iwon, Esq.; and Dorothy Lohmann Community

Service Award winner, Thomas J. Liguori, Jr., Esq., outside the Stand Up For

Animals shelter in Westerly.



Neal J. McNamara, Esq., a partner at the law firm of NixonPeabody, LLP, in Providence is recognized for his outstandingwork on behalf of the RI Coalition Against Domestic Violence.RI Coalition Against Domestic Violence’s six member agenciesprovide shelter and supportive services to over 10,000 victimsof domestic violence each year. The Coalition works tostrengthen laws to protect victims and hold abusers accountable,raise public awareness and prevent domestic violence in thecommunity.

According to Coalition Executive Director Deborah DeBare,“Attorney Neal McNamara has donated countless hours assist-ing as pro bono defense for the organization and assisted theCoalition’s member agencies with personnel issues and otherlegal matters. Neal’s efforts have significantly helped theCoalition’s mission and goals and his extraordinary serviceexemplifies Dot Lohmann’s commitment to advocacy, justiceand equity.”

l-r: RI Coalition Against Domestic Violence Executive Director Deborah

DeBare, Dorothy Lohmann Community Service Award winner Neal J.

McNamara, Esq., and Rhode Island Bar Association President Lise M.

Iwon, Esq., celebrating Attorney McNamara’s Dorothy Lohmann Community

Service Award.

Mark B. Morse, Esq. from the Law Offices of Mark B. Morsein Providence, is recognized for his outstanding work on behalfof Defenders of Animals, Inc. Defenders of Animals’, missionis to defend the inalienable rights of companion animals andwildlife through education, legal and legislative activism.

According to Defenders of Animals Director Dennis Tabella,“Attorney Mark Morse’s contributions have helped save anuntold number of cats and dogs and prevented many otheranimals from pain and suffering. His successful legal actions,undertaken at no cost to our organization, and his ongoingparticipation in our efforts, including the development of anAdoption Agreement that has become a model for other petadoption organizations, are instrumental in meeting our mis-sion and achieving our goals.”

l-r: Rhode Island Bar Association President Lise M. Iwon, Esq., Dorothy

Lohmann Community Service Award winner Mark B. Morse, Esq., and

Defenders of Animals Director Dennis Tabella.


Relevant Current Events Topics Inspire Lively Dialogues onRhode Island Law Day

Working with the Rhode Island Law DayCommittee, chaired by Rhode IslandSupreme Court Associate Justice GilbertV. Indeglia, the Rhode Island Judiciaryand the Rhode Island Bar Associationorganized volunteer teams of judgesand lawyers who delivered law relatededucation programs to upper and middleschool classrooms throughout the state.Lesson plans, including backgroundinformation and related news mediastories, as well as recommended ques-tions for student consideration, weredeveloped and produced by the RhodeIsland Bar Association and reviewed andapproved by the Rhode Island Law DayCommittee. Relevant current eventstopics, including posting personal infor-mation on the web and cyber bullying,sexting, same-sex marriage, and othertopics selected by teachers, stimulatedactive student participation in discussionsaimed at helping them understand howlaws directly affect them and the roleslawyers and judges play in administeringjustice.

Rhode Island Bar Association Treasurer J. Robert

Weisberger, Jr., Esq. and Rhode Island Family Court

Judge Laureen Q. D’Ambra utilized a Powerpoint as part

of their posting personal information and cyberbullying

presentation to Classical High School students.

Rhode Island Family Court Judge Jeanne L.

Shepard and Attorney Fausto Anguilla used

an initial discussion of sexting to help East

Providence High School teacher Michael

Silva’s students gain a better understanding

of the roles of lawyers and judges.

Attorney Richard J. Ratclif fe and Rhode Island District Court Associate Justice William C. Clifton

enjoy a light moment during a lively discussion concerning the rights of criminal defendants and crimi-

nal trial procedures, a classroom focus requested by teacher Peter Buonfiglio for his Hugh B. Bain

Middle School students.

2011 LAW DAY


Denise C. Aiken, Esq.Fausto C. Anguilla, Esq.Barbara A. Barrow, Esq.Neville J. Bedford, Esq.Thomas R. Bender, Esq.William L. Bernstein, Esq.Michael R. Bottaro, Esq.Nelson F. Brinckerhoff, Esq.Patrick S. Bristol, Esq.Thomas Connolly, Esq.Robert E. Craven, Esq.David M. D’Agostino, Esq.William J. Delaney, Esq.Vincent A. DiMonte, Esq.R. Francis Diprete, Esq.Stetson Winslow Eddy, Esq.Matthew L. Fabisch, Esq.Christopher S. Gontarz, Esq.Daniel P. Griffin, Esq.Robert H. Humphrey, Esq.Andrea M. Iannazzi, Esq.John R. Izzo, Esq.Morris J. Levin, Esq.

Michael P. Lynch, Esq.Cristine L. McBurney, Esq.Eric H. Miller, Esq.Stephen M. Miller, Esq.Steven A. Minicucci, Esq.Thomas L. Mirza, Esq.Matthew H. Parker, Esq.David J. Pellegrino, Esq.Thomas M. Petronio, Esq.Scott M. Pollard, Esq.Richard D. Raspallo, Esq.Richard J. Ratcliffe, Esq.Dean G. Robinson, Esq.Kathleen A. Ryan, Esq.Richard A. Sinapi, Esq.Patrick J. Smock, II, Esq.Aileen L. Sprague, Esq.Michael A. St. Pierre, Esq.Matthew R. Watson, Esq.J. Robert Weisberger, Jr., Esq.George J. West, Esq.Bruce A. Wolpert, Esq.

Hon. Mary E. McCaffreyHon. John E. McCann, IIIHon. Susan E. McGuirlHon. Bruce Q. MorinHon. Francis J. Murray, Jr.Hon. Stephen P. NugentHon. Rafael A. OvallesHon. Angela M. PaulhusHon. Pamela Woodcock PfeifferHon. Daniel A. ProcacciniHon. Madeline QuirkHon. Hugo L. Ricci, Jr.Hon. William P. Robinson, IIIHon. Kristin E. RodgersHon. George T. Salem, Jr.Hon. Judith Colenback SavageHon. Jeanne L. ShepardHon. Michael A. SilversteinHon. Brian P. SternHon. Walter R. StoneHon. Sarah Taft-CarterHon. Brian Van Couyghen

Rhode Island Law Day 2011 Volunteer AcknowledgementRhode Island Bar Association Volunteers Rhode Island Judiciary Volunteers

Hon. Anthony A. Capraro, Jr.Hon. Karen Lynch BernardHon. Elaine T. BucciHon. Patrick T. BurkeHon. William E. CarnesHon. William C. CliftonHon. Dianne M. ConnorHon. David R. CruiseHon. Laureen Q. D’AmbraHon. Robert M. FerrieriHon. Michael B. ForteHon. Bennett R. GalloHon. Alan R. GoulartHon. Robert E. HardmanHon. Colleen M. HastingsHon. George E. Healy, Jr.Hon. J. Terence Houlihan, Jr.Hon. Stephen M. IsherwoodHon. Christine S. JabourHon. Susan KennyHon. Jeffrey A. LanphearHon. William J. McAtee

2011 LAW DAY


l-r: Rhode Island Police Chiefs’ Association President and Westerly

Police Chief Edward Mello; Caitlyn’s mother Karenann McLoughlin, Esq.;

Rhode Island Law Day Essay Contest initiator and Superior Court

Associate Justice Francis J. Darigan, Jr.; Caitlyn’s teacher John

Guevermont; Law Day Committee member Magistrate Alan R. Goulart;

Essay Contest winner Caitlyn McLouglin; Rhode Island Bar Association

President Lise. M. Iwon; and Rhode Island Law Day Committee

Chairman and Supreme Court Associate Justice. Gilbert V. Indeglia.

Mount Saint Charles Academy Student Wins 2011Rhode Island Law Day Essay Contest

The Rhode Island Bar Association and theRhode Island Judiciary, with support fromRoger Williams University School of Law,and the Rhode Island Police Chief’s Associa-tion sponsored the 2011 Rhode Island LawDay essay contest. Open to all Rhode Island10th and 11th grade students, the 2011 RhodeIsland Law Day Essay Contest offered achoice of how one of the following topicspresent 10th and 11th grade students withsignificant challenges in accepting their legalresponsibilities: 1) posting personal informa-tion on the web and cyber bullying; 2) sex-ting; and 3) same-sex marriage.

Caitlyn McLoughlin, a sophomore atMount Saint Charles Academy inWoonsocket, is the winning author for her essay on the legaland ethical aspects social media and cyber bullying. Caitlynreceived a $1,000 Scholastic Award made possible throughthe generosity of the Rhode Island Police Chiefs’ Associationand the Rhode Island Bar Association. Caitlyn also receivedan engraved trophy cup, and her school, Mount SaintCharles Academy, received the Annual Rhode Island LawDay Essay Contest Cup for one year, and a permanentplaque commemorating Caitlyn’s achievement.

2011 ASK A LAWYER

Volunteer Bar Lawyers Offer Free Information and Advice onRhode Island Bar/NBC10 Ask a Lawyer Partnership Programs

In the 11th year of partnering withNBC Channel 10, the Rhode Island BarAssociation’s Communications and PublicServices departments arranged for volun-teer Bar members from the Bar’s LawyerReferral Service (LRS) and VolunteerLawyer Program (VLP) to answer viewerquestions concerning Family Law. Forover two hours, from 5:00 pm through7:30 pm, volunteer attorneys respondedto over 125 inquiries from Rhode Islandresidents and, when necessary, directedcallers to the Bar’s LRS for further assis-tance.


Rhode Island Bar/NBC10 Ask a Lawyer Volunteers Answer the Call

Bar members Brenda C. Harrigan, Esq., Edward M. Pepe, Esq., Carolyn R. Barone, Esq., and MaryJo

Carr, Esq. responded to over 125 viewer calls during the May 18th, Ask a Lawyer, Family Law panel.

2011 ASK A LAWYER

Bar President Lise M. Iwon and NBC10 Anchor Frank CollettaHighlighted Volunteer Lawyer Contributions on Sunrise Show

In May, Rhode Island Bar AssociationPresident Lise M. Iwon and NBC10Sunrise Show news anchorman FrankColletta discussed the excellent pro bonopublic services provided by members ofthe Bar, with Lise noting lawyers providemore volunteer service than any otherprofession. The two also discussed volun-teer efforts of the state’s lawyers andjudges delivering the unique, 2011 RhodeIsland Law Day lessons, the free legaladvice offered by Bar volunteer lawyersthrough the Rhode Island Bar/NBC10Ask A Lawyer partnership, and the Bar’smany public service programs includingthe Lawyer Referral Service and theVolunteer Lawyer Program.

Stephen T. O’NeillAdmitted to Practice in RI & MA

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1 Richmond Square, Suite 303N, Providence, RI 02906 Telephone 401-331-0808Additional Offices in New Bedford and West Harwich, Massachusetts

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In RI & MAFocusing on Probate

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Rhode Island Bar Foundation 2011 Annual Meeting

The Rhode Island Bar Foundation’s Annual Meeting was held inconcert with the Rhode Island Bar Association Annual Meetingon June 16, 2011. During the Bar Foundation’s Luncheon,Foundation Fellows were recognized for their outstandingdedication to the welfare of the community and their effortsto achieve the Foundation’s objectives. Rhode Island Bar

Michael A. St. Pierre, Esq., President; Deborah M. Tate, Esq.,Vice-President; Allan M. Shine, Secretary and James A. Jackson,Treasurer were unanimously elected as the Rhode Island BarFoundation’s Officers for 2011-2012.

The Foundation Fellows warmly thank Bar FoundationPresident John A. Tarantino for his excellent service and con-gratulates Michael A. St. Pierre who will begin his term as thenew Rhode Island Bar Foundation President for 2011-2012.

Foundation President John A. Tarantino and the Board ofDirectors recognized the recipient organizations of the Intereston Lawyers Trust Account (IOLTA) income grants. This calendaryear, $450,000 was granted for the provision of Rhode Islandlegal services and the administration of justice.

2011-2012 Rhode Island Bar Foundation Officers

Rhode Island Bar Foundation 2011 Thomas F. Black, Jr. Memorial Scholarship

Cale P. Keable, Esq., 1999

Thomas F. Black, Jr. Memorial

Scholar, addressed the

audience and met with the

2011 Scholarship recipients

and guests.

Thomas F. Black, III, Trustee of the Kimball Foundation, Paul D. Lynch,

Trustee of the Kimball Foundation, Nicholas A. Denice, 2011 Scholarship

recipient, Tif fany C. Castillo, 2011 Scholarship recipient, Norman D. Baker,

Jr., Trustee of the Kimball Foundation, and R. Kelly Sheridan, Esq.,

Chairperson of the Scholarship Committee. Bar Foundation Fellow and Past Bar Foundation and Bar Association

President Joseph J. Roszkowski, Esq. speaking with Scholarship recipient

Tif fany C. Castillo and her parents Martha and Julio Castillo.

Michael A. St. Pierre, Esq.

Rhode Island Bar

Foundation President

John A. Tarantino, Esq.

Past Rhode Island Bar

Foundation President

The Scholarship supports and fosters high legal practice stan-dards by assisting Rhode Island residents who show promisethey will become outstanding lawyers and who need financialassistance to study law. It is named in honor of the late ThomasF. Black, Jr., known for his impressive ability as a lawyer andbanker, his deeply rooted legal scholarship, and his notable par-ticipation in civic and charitable causes.

2010-2011

Rhode IslandBar Association

Annual

Report

The mission of the Rhode Island Bar Association is to represent the members of the legal profession of the state,serve the public and profession, and promote justice, professional excellence and respect for the law.

Report of the Executive Director on 2010-2011

and interests outside of the practice through a feature headlined,“Beyond the Bar,” and in addition to book reviews on the topicsof the death penalty and coping with depression, the Journalshowcased the many wonderful, uplifting Messages of BarPresident Lise M. Iwon.

Other benefit programs include the Bar Members CreditCard Program. The Law Firm Merchant Account, credit cardprocessing for attorneys, is a custom payment solution designedby Affiniscape Merchant Solutions (AMS). AMS examined therequirements for handling client funds and developed a systemthat resolves the ethical dilemma attorneys face when processingcredit cards so Bar members can easily accept credit card pay-ments from clients.

The AON Attorneys’ Advantage Program offers profes-sional liability insurance coverage sponsored by the RI Bar Asso-ciation. Through a combination of Affinity Insurance Services,Inc., the program is able to provide broad coverage, competitiverates, outstanding local service and risk management service.

The online data backup program from MozyPro offers youthe opportunity to secure all your important files that are nowstored on a computer including legal documents, financial records,and photos. MozyPro is a safe way to automatically back up allthe important files and documents stored on your computer.

The ABA Members Retirement Program is providingretirement plans – 401(k), profit sharing, and defined benefitplans to law firms and lawyers in RI. Whether you operate a solopractice or a large firm, the ABA Program can provide an effec-tive plan for your firm; Massachusetts Mutual Life InsuranceCompany (MassMutual) is a sponsored provider of DisabilityIncome Insurance and Long Term Care Insurance for members ofthe RIBA. Insurance services and discounts are also availablethrough the Robert J. Gallagher Company. USI New Englandis the Rhode Island Bar Association’s relationship administratorwith Blue Cross Blue Shield and Delta Dental. USI New Englandwill act as a liaison between Blue Cross/Delta Dental and Barmembers. USI will also provide Rhode Island Bar members withenrollment, billing service, and insurance advice.

Over fifteen hundred Bar Association members serve on BarCommittees. Unlike other bar associations which charge sectiondues, our committee program is free. Service on a Rhode IslandBar Association Committee is one of the most important func-tions members may fulfill. Committees help bring memberstogether in collegial and educational forums and serve to improveand develop the ongoing relationship between the Bar and theCourts. The newest Bar committees are Environmental &Energy; Elder Law and Animal Law. It is a particularly excellent

For 113 years, the Rhode IslandBar Association has served theprofession and the public by pro-moting justice, professional excel-lence and respect for the rule oflaw. It is a pleasure to submit areport on the activities and accom-plishments of your bar associationduring 2010-11, a year in which Barleadership and staff continued todevelop new endeavors and toeducate our membership and servethe public. The dramatic changes

in the economy ended the conventional wisdom that law officeswere somehow insulated from the cutbacks that have impactedother professions. As we continue to emerge from challenging eco-nomic times, the Rhode Island Bar Association remains committedto doing its part to help in a year that was challenging for the mem-bers of the Bar.

Member Benefits

The Rhode Island Bar Association continued to providevalue and benefits to its members. Casemaker remains a highly-valued and used membership benefit with new features andlibraries increased. Bar member use of the Association’s websitecontinues to grow. You can easily register for CLE seminars, signup for Bar committees, and utilize the calendars and the greatmember directory which give you instant information on everymember including their email address and photo (when provided).

The Rhode Island Bar Journal is published bi-monthly, sixtimes annually with articles concerning relevant legal issues, opin-ion pieces, member profiles, updates on members’ achievements,book reviews, Bar news events, programs and meetings, as well asadvertisements for products and services of interest to Bar mem-bers. Downloadable copies are also available on the Bar’s website.This last year, the Journal included many thought-provoking and informative articles covering a wide range of prac-tice-related topics including a perspective on municipal clientidentification and the dynamic tension between public interestand ethical approaches; an expose on the unlicensed practices andvictims associated with litigation financing, a discourse on windpower rights to disorderly courtroom behavior, and a special sec-tion on cyber crime and legal issues concerning personal privacy,zoning, and criminal defense representation. This year’s BarJournal also provided fascinating profiles of Bar members’ lives

Helen D. McDonaldExecutive Director

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President John A. Tarantino and the Board ofDirectors of the Rhode Island Bar Foundation con-tinues its hard work to maximize Interest on LawyersTrust Account (IOLTA) income and assess legal needsin order to maximize foundation support for RhodeIslanders’ legal services.

The Rhode Island Bar Foundation and the RhodeIsland Bar Association joined in a proposal to theSupreme Court to change Rule of ProfessionalConduct 1.15 to make IOLTA mandatory for all non-exempt Rhode Island attorneys and to clarify the lan-guage that prohibits attorneys from keeping IOLTAin banks that discriminate against IOLTA accounts.The Rule was adopted by the Court, and we haveadded over 400 new accounts since March 1.

Rhode Island Bar Foundation

The Rhode Island Bar Foundation also adminis-ters the Thomas F. Black, Jr. Memorial ScholarshipFund established in 1989 to support and foster highlegal practice standards by assisting Rhode Island res-idents who show promise of becoming outstandinglawyers and who need financial assistance to studylaw. The Scholarship is in honor of the late Thomas F.Black, Jr., a person known for his impressive ability asa lawyer and banker, his deeply rooted legal scholar-ship and his notable participation in civic and charita-ble causes. Three scholarships of $15,000 each wereawarded this spring for Rhode Island students enter-ing their first year of law school.

means for new lawyers to grow and advance professionally whilebenefiting from the experience and wisdom of our more seasonedBar members.

This year, after three years operating as the New AttorneyAdvancement Task Force, the group was accorded full Bar com-mittee status and a new name as the New Lawyers Committee.In partnership with the Bar’s Executive Committee, and with thecooperation of over 20 other Bar committees and the Bar’s PublicServices Department, the New Lawyers Committee held a funand informative evening of interactive networking with friendlyand helpful representatives from the participating groups. TheCommittee also offered a free, CLE seminar for new Bar mem-bers titled “View From the Bench: The Superior Court MotionCalendar,” and hosted a seminar, “The 60-Second ElevatorSpeech,” on how to develop a profession-based, short descriptionof their strengths. The Committee hosted guest speaker, CranstonMayor and Bar member Alan Fung, at a presentation designed tohelp new Bar members understand their professional careeroptions. Committee members also volunteered help on the devel-opment of the Introduction to Practice and Practical Skillsseminars and forwarded a concept for an Online AttorneyInformation Resource Center which was approved by theExecutive Committee and will be available soon.

This year, President Lise Iwon continued the tradition ofrepresenting the Rhode Island Bar Association at the admissionceremonies for our newest members. Each new member waspresented with a quill pen to remind our new colleagues of theirobligation to use as much care in their pleadings and writings asdid those lawyers who preceded us and carefully and elegantlypenned the Declaration of Independence.

Public Service

One of the most noble of our goals is to facilitate the avail-ability of legal services. We support pro bono, services for the eld-erly and those of modest means. Nearly 2,000 cases have beenprocessed through the Volunteer Lawyer Program, Pro BonoProgram for the Elderly and US Armed Forces Legal ServicesProject this past year. Financially eligible clients were represent-ed by volunteer attorneys in matters including bankruptcy, col-lections, consumer, education and employment. Administered bythe Bar Association for 25 years, the Volunteer Lawyer Programcontinues to impact low income clients’ lives in a significant andpurposeful way through the dedicated efforts of its members. ThePro Bono Program for the Elderly administered through the BarAssociation’s Lawyer Referral Service has been in operation forover 35 years and the volunteer attorney members focus on thelegal needs that impact our senior citizens the most. The latestinitiatives for seniors in addition to direct representation include

Health Care Power of Attorney as well as Collection Clinics. TheCollection Clinics were designed as a result of the impact of theeconomic downturn on the finances of seniors in recent years. Inaddition to the above statistics, the Lawyer Referral Servicereceived nearly 10,000 requests from the public for referrals. Thefirst half hour consultation is free. If further services are required,fee arrangements are between the client and attorney. Six thou-sand referrals were made over the last fiscal year.

Since 2009, an additional pro bono program, the US ArmedForces Legal Services Project, was introduced in an attempt tohelp serve our men and women in uniform with their pressinglegal needs. This program is filling the need for attorneys todirectly represent military personnel in a variety of civil law areasincluding family law, probate issues, landlord/tenant, real estate,contracts, consumer, bankruptcy, collections, employment(USERRA), immigration/naturalization, torts, income tax, andother areas. Approximately 100 cases were handled over the lastyear. The Bar Association was recently notified by the Board ofTrustees of the American College of Trial Lawyers Foundationthat we have received an award of twenty thousand dollars($20,000) to support the project. The Trial Lawyers Foundationawards grants to improve the delivery and quality of legal servicesto the people of the United States and Canada. Part of the grantwill be devoted to publicizing the project and offering assistancein the development of similar programs.

Community outreach was a primary focus for PresidentIwon this past year. Over 40 Ask A Lawyer and legal clinic pro-grams were held at senior organizations throughout the State.Clinics for seniors were also held at the Bar headquarters.Hospital and nursing home visits were also provided by our vol-unteers. Two Divorce Mediation Clinics were held at the BarAssociation for Volunteer Lawyer Program clients and theirspouses in collaboration with the Roger Williams Law Schoolunder the supervision of Professor Bruce Kogan. The Pro BonoCommunity collaboration was also extended to the InternationalInstitute, RI Coalition for the Homeless, Women & InfantsHospital, Bradley Hospital, and RI Housing, etc.

SOLACE

We have established a program called: SOLACE – Supportof Lawyers – All Concern Encouraged. We have approximate-ly 400 members signed up. The plan is to the develop the listserv, and reach out in meaningful and compassionate ways tojudges, lawyers, court personnel, paralegals, and their familieswho experience a crisis, death or catastrophic illness, from thesmallest problem to the largest. After speaking with JudgeZainey following a National Conference of Bar President’sProgram, President Iwon began soliciting volunteers for mem-bers of our legal community. Members will let the SOLACE


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program know of any member of the legal community ormembers of their family who might have a need. SOLACE willthen circulate the request to the people who have joined theprogram and hopefully we will get results.

Rhode Island Bar Foundation

President John A. Tarantino and the Board of Directors ofthe Rhode Island Bar Foundation continue their hard work tomaximize Interest on Lawyers Trust Account (IOLTA) incomeand assess legal needs to maximize foundation support for legalservices in RI.

The Rhode Island Bar Foundation also administers theThomas F. Black, Jr. Memorial Scholarship Fund which wasestablished in 1989 to support and foster high legal practice stan-dards by assisting Rhode Island residents who show promise thatthey will become outstanding lawyers and who need financialassistance to study law. The Scholarship is named in honor of thelate Thomas F. Black, Jr., a person known for his impressive abil-ity as a lawyer and banker, his deeply rooted legal scholarship andhis notable participation in civic and charitable causes. Two schol-arships of $15,000 each were awarded this spring for RhodeIsland students entering their first year of law school.

Congratulations to Michael A. St. Pierre who will beginhis term as the new Rhode Island Bar Foundation President for2011-2012.

Professional Development

The Association’s Continuing Legal Education (CLE)department continued to explore ways to provide quality CLEprogramming as affordable as possible for our members.Including our annual meeting, we presented 115 seminars overthe course of the last year, and, in addition there were 700 onlineregistrations. Our CLE program is aimed at ensuring profession-al excellence and competence for our members. This year therehas been greater focus on education in the area of technology toassist our members with staying competitive. We expanded ouronline CLE options and have begun simulcasting live CLE pro-grams so members can access educational programming of a veryspecialized nature.

At this year’s Annual Meeting, the plenary speaker was leg-endary civil rights activist Morris Seligman Dees, Jr., Esq.Through the Southern Poverty Law Center, Dees battles againstprejudice and hatred. In the 1980s and ‘90s, he bankrupted the KuKlux Klan and neo-Nazi groups with a series of historic lawsuits.Today, he focuses his attention on anti-government militias. Inaddition to this distinguished guest speaker, the Rhode IslandBar Association’s 2011 Annual Meeting offered a wide range of

activities including: exceptional Continuing Legal Educationseminars; Annual Award winners; a Free Wellness Center includ-ing featuring a range of interesting, healthful, and educationalactivities including blood pressure, cholesterol, and glucosescreenings, chair massages, a diverse group of law-related productand service providers, and the Meeting provided many opportu-nities for Bar members to connect with their colleagues.

There are a number of CLE publications listed on our web-site. Your Rhode Island Bar Association membership entitles youto a 15% discount* off the list price of any of the American BarAssociation’s more than 300 titles, whether or not you’re a mem-ber of the ABA. In addition, we are working in programmingpartnerships with Massachusetts Continuing Legal Education.MCLE is developing a series of Rhode Island handbooks includ-ing:- A Practical Guide to Divorce in Rhode Island- A Practical Guide to Probate in Rhode Island- A Practical Guide to DUI in Rhode Island- A Practical Guide to Evidence in Rhode Island- A Practical Guide to Discovery and Depositions in Rhode Island- A Practical Guide to Construction Law in Rhode Island

The CLE Committee is currently putting together the Fall2011 CLE schedule with topics including: the second annual com-mercial law update with two national speakers; admiralty law;soft tissue injuries; bankruptcy & real estate title issues; conser-vation easements; practical skills and recent developments. Wewill also co-sponsor a labor law conference with Suffolk LawSchool.

Risk Management Program

Risk Management Program: The free, risk management pro-gram sponsored by Aon Affinity was another success story. Theprogram: “An Ethical Lawyer Meets the Internet” had 1,570members registered and was offered on five different occasions inAugust and September of 2010. The next annual risk managementprogram, What NASCAR, Jay-Z & the Jersey Shore Teach AboutEthics, with speaker Stuart I. Teicher, Esq., will be three ethicscredits, and will focus on how various elements of popular cultureprovide poignant lessons that help us understand and appreciatethe rules of professional conduct. Notice will be out over thesummer for this free CLE program.

Work-Life Balance

The Rhode Island Bar Association continues to support ourmembers’ quality of life through our Lawyers Helping Lawyers(LHL) Program. Any member experiencing a personal or profes-R

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sional crisis may obtain immediate assistance from licensed, car-ing professionals as well as peer support if they so choose. TheCommittee serves as a resource for Bar Association members,providing support and encouragement when needed. During thepast year, LHL Committee members consulted with Bar mem-bers on a range of physical and mental health issues. The BarAssociation contracts with Rhode Island Employee AssistanceServices (RIEAS), which provides professional clinical servicesincluding assessment and referral at no cost to Bar Associationmembers and their families. Issues RIEAS addressed this pastyear included depression, elder care, alcohol, anxiety, divorceand addiction.

The Committee focused particular attention in 2010-2011 oneducation. The Committee sponsored a program for the AnnualMeeting: “Legal and Ethical Issues Surrounding the Treatment orFailure to Treat Depression: A Conversation with Dr. PeterKramer, M.D.” Dr. Kramer is a Brown University Medical Schoolprofessor, a practicing psychiatrist and best-selling author of sixbooks including Listening to Prozac and Against Depression. Theprogram included a question and answer session regardingdepression-related issues including how to promote timely diag-nosis and treatment of the disease.

The Committee sponsored the Bar Association’s AnnualMeeting Free Wellness Center offered for the first time in part-nership with Blue Cross and Blue Shield of Rhode Island. TheFree Wellness Center featured a range of free, interesting, health-ful and educational activities. The Committee sponsored articlesand programming in the area of balance, wellness, and dealingwith stress and addiction including a book review of Just LikeSomeone Without Mental Illness Only More So: A Memoir byMark Vonnegut, M.D. which appeared in the May/June 2011Rhode Island Bar Journal.

Law Related Education

The Rhode Island Bar Association is dedicated to helpingRhode Island teachers interested in law related education (LRE)by providing volunteer lawyers for classroom presentations andas educational resources. The Bar supports these presentations bydeveloping unique, student interest-focused, law-related class-room lesson plans and educational background material. Mostoften, the Bar’s volunteer lawyers and classroom lessons are pre-sented in the context of standard courses and/or extracurricularprograms including, History, English, Government, Civics, andDebate. The Bar Association’s goal is to increase public under-standing of and respect for the law and the role of lawyers andjudges in the legal system. Bar-specific LRE programming,including Lawyers in the Classroom, and working in partnershipwith the Rhode Island Judiciary on the annual, statewide, Rhode

Island Law Day Classroom Program and the Rhode Island LawDay Essay Contest are all longstanding success stories for theAssociation. Rhode Island Law Day 2011: Our invitation to par-ticipate in the 2011 Rhode Island Law Day Classroom Programon Friday, April 29, 2011, sent to all upper and middle schoolteachers in all Rhode Island public, private and independentschools, resulted in a record number of classroom presentationsby judge and lawyer teams throughout the state and related newsmedia coverage. Similarly, invitations and Bar news releases rela-tive to the Law Day Essay Contest led to the largest number ofEssay Contest entries ever received.

* * * * * *

My thanks to President Lise M. Iwon, the Executive Com-mittee and House of Delegates and Committee Chairpersons fortheir support and guidance throughout the year. Each memberbrings great perspective and leadership for the members. I alsothank the tremendous Rhode Island Bar Association staff. We arefortunate to have these very committed individuals contributingtheir talent to the delivery of quality services and benefits to ourmembers. Their hard work and dedication are remarkable:Director of Finance Karen Thompson, Director of Public Ser-vices Susan Fontaine, Director of Continuing Legal EducationNancy Healey, Director of Communications Frederick Massie,Rhode Island Bar Foundation Program Director VirginiaCaldwell, our Lawyer Referral Service Coordinators Elisa Kingand Laura Bridge, CLE Program Coordinator Tanya Nieves,Communications Coordinator Kathleen Bridge, VolunteerLawyer Program Coordinator John Ellis, VLP Program AssistantDebra Saraiva, Receptionist Karen Lomax, Office Manager SusanCavalloro, and Law Related Education Coordinator Allison B.Baker.

The programs and services of the Rhode Island BarAssociation contribute to relevant and valuable programs andservices to our members, increased availability of legal services, amore effective and independent judicial system, and increasedpublic understanding about the law. The newly-adopted RhodeIsland Bar Association Strategic Plan for 2011-2015 outlines goalsand objectives to ensure we are doing the best we can to meet orexceed member expectations. Chaired by Immediate PastPresident Victoria M. Almeida, the Strategic Planning Committee(SPC) developed a mission statement and a five-year strategicplan for the Association. The SPC commenced its work with aseries of meetings and discussions and a survey designed to assistus in developing a solid profile of our members and in assessingthe Association’s priorities In the coming year, under the leader-ship of President William J. Delaney, we will be mindful of meet-ing those goals and objectives adopted by the House of Delegateson your behalf and will continue to work toward our vision.

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Legislative Positions and Amicus Briefs Official Notice 2011

The Rhode Island Bar Association restricts action on legisla-tion either as a proponent or opponent to that related to the prac-tice of law or administration of justice. In 2010-11, the RhodeIsland Bar Association filed an amicus memorandum, jointly withthe Rhode Island Association for Justice, in a matter involving aRhode Island Superior Court Justice denying an attorney’smotion to withdraw from representation in a pending civil case.The basis for the attorney’s motion was that the client had notpaid the substantial accrued fees (over $50,000) due to the attor-ney. The Bar Association took the position that an attorney can-not be required to continue to represent a client absent paymentof legal fees and should be permitted to withdraw as counsel insuch circumstances. The Rhode Island Supreme Court’s opinionreversed the trial justice’s denial of the attorney’s motion to with-draw and supported the Bar Association’s position. We greatlyappreciate the work of Lauren E. Jones, Esq. who representedboth organizations and drafted the amicus memorandum, probono, on this important matter.

With regard to legislation, the Executive Committee voted tosupport the unanimous recommendations of the Committee onProbate and Trust:

1) An Act Relating to Levy and Sale on Execution (Home-stead Exemption); Property Tax Exemption – This proposed billincludes two parts: the first part would make clear that the home-stead exemption from levy and sale extends to an owner whotransfers his or her residence to a trust, so long as the owner/transferor continues to reside in the residence in question. Theproposed bill would also increase the homestead exemption from$300,000 to $500,000. Massachusetts increased its homesteadexemption to $500,000 in 2004. The purpose of the second part ofthe proposed bill is to insure that the transfer of a residence to anirrevocable trust will not disqualify the grantor from obtainingwhatever property tax exemptions are available in the city ortown of residence, provided that the grantor continues to residein the residence and remains obligated to pay property taxes. Forestate planning and other reasons, a property owner may transferhis or her residence to an irrevocable trust while still residingtherein. The Committee felt that, in this case, the veterans,’ oldage and homestead (for property tax, not attachment purposes)exemptions should still apply.

2) An Act Relating to Levy and Sale on Execution (InsuranceExemption) – This is the same bill that was introduced in 2010,

Please feel free to contact any of the officers or staff at the BarAssociation with your concerns, questions or suggestions. Wewill keep you informed and invite you to become involved as we

work to fulfill our mission.


Five Year Strategic Plan Adopted

The 2015 Vision of the Rhode Island Bar Association:

Building on our deep traditions of professionalism, advocacyand service, the Rhode Island Bar Association is the preemi-nent leader on behalf of the profession. By being innovativeand foresighted in serving the needs of practitioners, thecommunity, and the administration of justice, our membersare proud to be Rhode Island lawyers.

Goal 1 To provide members with valuable, relevant servicesthat promote professional competence.

Goal 2 To be indispensable to new/young lawyers.

Goal 3 To be a positive public voice on behalf of lawyers andthe judicial system.

Goal 4 To facilitate access to justice.

Goal 5 To foster the relationship between the bench and thebar to our mutual benefit.

Goal 6 To maintain an infrastructure that supports us in ful-filling our vision.

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Legislative Positions and Amicus Briefs Official Notice 2011 (continued)

with the addition of “contract values” of annuity contracts asprotected assets. Florida and other states have adopted similarexemptions.

3) An Act Relating to Transfer Taxes – Estate and TransferTaxes: this proposed bill would provide for the construction ofwills and trusts executed prior to September 12, 1981 that containmarital deduction formula clauses in a manner that would providefor the optimum federal estate tax marital deduction. This actwould apply to the estates of decedents dying after December 31,1981.

4) An Act Relating to Fiduciaries – This bill would formalizea procedure usually designated as “decanting a trust.” It wouldpermit a trustee of a trust that gives the trustee absolute power toinvade principal of the trust to make distributions to or for thebenefit of beneficiaries to instead make distributions to a trust(part of the original trust or a new trust) for the benefit of thesame beneficiaries. This technique would be especially usefulwith respect to existing trusts of long-standing where, for onereason or another, tax or otherwise, it would not be advisablefor the trustee to make distributions directly to the trust benefi-ciaries.

5) An Act Relating to Taxation – Estate and Transfer Taxes:this bill was intended to address the fact that the Rhode Islandestate tax creates a “cliff tax,” which creates a substantial tax forestates that just exceed the exemption threshold of $850,000. Forexample, an estate of $1,000,000, under the current tax, creates atax of $33,200, which is 22% of the excess of the estate over$850,000. The Committee felt that a fairer result would be pro-duced by substituting a tax credit of $25,200 for the exemption of$850,000. This would have the effect of benefiting all taxableestates; for example, the tax on a $1,000,000 estate would be$8,000 under the proposed bill.

The Executive Committee voted to support a unanimousrecommendation by the Title Standards & Practices Committeeto amend the General Laws to include § 34-11-42 Validation ofconveyancing defects. The purpose of the proposed statute is toeliminate issues with respect to title where certain issues are oth-erwise capable of resolution by investigation, preparation andexecution of corrective instruments and recording thereof.

The Executive Committee voted to support the recommen-dations by the Committee on Creditors’ and Debtors’ Rights tosupport the proposed amendments to UCC Article 9 as recom-mended by the Uniform Law Commission (ULC) and theAmerican Law Institute (ALI). Article 9 was substantially revisedin 1998, and the 1998 revisions have been in effect in all states andthe District of Columbia since 2001. The 2010 amendments toArticle 9 modify the existing statute to respond to filing issuesand address other matters that have arisen in practice followinga decade of experience with the revised Article 9. The need fora uniform set of amendments arises mainly from the following:1) A number of states enacted non-uniform changes to the filingrules that deal with an individual debtor’s name on the UCC-1financing statement. 2) The filing officers’ group, InternationalAssociation of Commercial Administrators (IACA), pressed for

changes to the UCC-1 and UCC-3 forms, to simplify filing andmaintenance of records. The proposed statutory changes wouldaddress only significant problems that have arisen in practice.They would not alter policy decisions reached in the original revi-sion process. The proposed statutory changes would focus onresolving ambiguities and on addressing issues where there havebeen significant non-uniform amendments among the states andwhere the statutory language is sufficiently clear, but court deci-sions have created problems in practice.

The House of Delegates voted to support the recommenda-tion of the Committee on Gay Lesbian Bisexual TranssexualIssues to support the passage of proposed Rhode Island GeneralAssembly bills S0029 and H5012, “An Act Relating to DomesticRelations – Persons Eligible to Marry,” which would provide allRhode Island couples, regardless of gender, with access to a civilmarriage. In addition the House voted to support theCommittee’s recommendation to oppose S0115 and S0162 regard-ing a Joint Resolution to Approve and Publish and Submit to theElectors a Proposition of Amendments to the Constitution of theState (Marriage). The legislation would submit to the electors atthe next statewide general election a constitutional amendmentdefining marriage as a lawful union between one man and onewoman but not prohibiting the recognition of a lawful civil unionbetween two members of the same gender.

In addition, the House of Delegates noted its positions takenat earlier meetings opposing a tax on legal services and support-ing recognition by the Real Estate Licensing Board of CLE cred-its earned by lawyers who also happen to be licensed brokers.

A member may, within sixty days of the date of the mail-ing of this issue of the Rhode Island Bar Journal, allege that thelobbying activity for a specific bill or an amicus brief filing in aspecific case was impermissible or a “non-core” activity on thepart of the Rhode Island Bar Association, by notice, in writing,to the Executive Director of the Rhode Island Bar Association.

Rhode Island Bar Association 2011-2112 Annual BudgetThe Bar Association funds derived from members’ dues are

employed for the furtherance of the Bar’s mission which is to rep-resent the members of the legal profession of the state, serve thepublic and profession, and promote justice, professional excel-lence and respect for the law. A detailed budget appears on thefollowing page.

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Rhode Island Bar Association 2011-2012 Annual BudgetThe Rhode Island Bar Association funds derived from members’ dues are employedfor the furtherance of the Bar’s mandate which includes the administration of justice.

GENERAL FUND(Administrative and Member Services)

Income Budget 11/12Bar Journal Ads &

Subscriptions $ 52,000Contract Service Income 67,200Interest Income 2,500LRE Grant Income 7,500Mailing List Income 1,500Malpractice Prevention 30,000Member Dues & Fees 1,200,000Royalties & Miscellaneous 11,000Personal Lines Insurance 15,000

$ 1,386,700——————————————————————————————

ExpensesAwards $ 2,000Bar Journal 105,000Casemaker 94,500Clerical Assistant 2,500Computer 38,000Consultants 5,000Copier 10,500Depreciation Expense 12,000Dues & Subscriptions 5,000Insurance 15,000Lawyer Assistance Program 10,000Legislative Counsel 26,250Lobby Tax 10,500LRE Grant 7,500Maintenance & Repair 30,000Medical Benefits 70,000Miscellaneous Expense 5,250Office Supply & Expense 30,000Pamphlets & Advertising 1,500Payroll Tax Expense 37,000Printing & Postage 30,000Professional Fees 28,000Property Tax 7,000Public Relations & LRE 10,000Records Management 2,500Regular Meetings 17,500Rent & Electricity 165,000Retirement Plan 41,000Salaries 420,000Telephone 15,000Travel 31,110Website 15,000

$ 1,299,610Net Income: $ 87,090

OPERATING BUDGETGeneral Fund LRS CLE Total

Income $ 1,386,700 $ 63,050 $ 698,000 $ 2,147,750Expense 1,2999,610 137,956 675,850 2,113,416

$ 87,090 ($74,906) $ 22,150 $ 34,334

LAWYER REFERRAL SERVICE(LRS and Public Services)

Income Budget 11/12Interest $ 50Dues 25,000Fees 28,000US Armed Forces Project 10,000

$ 63,050——————————————————————————————

ExpensesConvention & Travel $ 0Medical Benefits 40,195Miscellaneous Expense 0Office Supplies 1,000Payroll Tax Expense 6,900Printing & Postage 5,000Professional Fees 0Rent 0Retirement Plan 8,130Salaries 76,731Telephone 0

$ 137,956Net Income: $ (74,906)

Grants and Restricted Funds (approx.)ProBono $ 177,644Elderly 54,764CRF 125,000Total: $357,408

2011-2012Total Revenue $ 2,505,158Total Expense $ 2,470,824

$ 34,334

CONTINUING LEGAL EDUCATION(CLE Professional Development)

Income Budget 11/12Annual Meeting $ 440,000Publications 8,000Seminars 250,000Miscellaneous Income 0

$ 698,000——————————————————————————————

ExpensesAnnual Meeting $ 275,000Clerical 500Computer 7,500Copier 1,000Depreciation 1,000Dues & Subscriptions 500Medical Benefits 24,000Miscellaneous Expense 500Office Supplies 10,000Payroll Tax Expense 10,500Postage 10,000Professional Fees 7,000Publications 6,500Rent 15,000Retirement Plan 14,000Salaries 140,350Seminar Expense 150,000Travel 1,000Website 1,500

$ 675,850Net Income: $ 22,150

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Rhode Island Bar AssociationStatements of Financial Position*

June 30, 2010 and 2009

Assets 2010 2009Cash and cash equivalents $ 794,196 $ 844,441U.S. Treasury Bills 3,148,112 2,875,123Accounts receivable 50,790 66,995Other assets 10,206 21,977Furniture and equipment (net of accumulated depreciation

of $401,281 in 2010 and $378,695 in 2009) 61,917 82,345

Total Assets $ 4,065,221 $ 3,890,881

Liabilities and Net Assets

LiabilitiesAccounts payable $ 43,636 $ 54,792Accrued expenses 81,154 77,596Deferred revenues _ 620

Total Liabilities 124,790 133,008

Net AssetsUnrestricted 2,024,797 1,897,044Temporarily restricted 1,915,664 1,860,829

Total Net Assets 3,940,461 3,757,873

Total Liabilities and Net Assets $ 4,065,251 $ 3,890,881

*The Statements of Financial Position on page 2 of the Audited Financial Statements for the years endedJune 30, 2010 and 2009 is the official name of a Balance Sheet for non profit organizations.

Luis M. Lourenco, CPAPrincipalYKSM, LTD27 Dryden LaneProvidence, RI 02904

The 2011 Annual MeetingCommittee produced a diverse,valuable and enriching program.Supporting this effort, the BarAssociation staff worked withthe Committee to ensure aseamless presentation of work-shops, service and productexhibits, and social events pro-viding an outstanding opportu-nity to learn, improve yourpractice, and socialize withyour colleagues.

The Meeting offered a widerange of workshops offering

guidance in commercial, family, federal and trial law, as well aslegal and courtroom technology. Program highlights includeda seminar on the legal and ethical issues in depression treat-ment featuring guest speaker Peter Kramer, M.D., renownedBrown Medical School Professor and best-selling author, theever-popular civil and criminal case law updates and more. Allthe workshops were enhanced by the participation of manydistinguished and accomplished presenters. Additionally, thisyear’s Meeting’s new Wellness Center, co-sponsored by theBar’s Lawyers Helping Lawyers Committee and Blue Crossand Blue Shield of Rhode Island, featured an excellent selec-tion of free, interesting, healthful and educational activities forattendees.

The Annual Meeting’s Plenary Session’s distinguishedspeaker was Attorney Morris S. Dees, who, with his law part-ner Joseph J. Levin, Jr. and famed civil rights activist JulianBond, founded the Southern Poverty Law Center. Throughthe Center, Dees uses the law like a sword in his battle againstprejudice and hatred.

We honored the achievements of our outstanding col-leagues at our Annual Meeting Dinner and Luncheon andwelcomed the election of our new slate of Officers for theupcoming year.

The Chair and the Committee members extend theirheartfelt appreciation to the many individuals who so gra-ciously served as workshop speakers and moderators and whoprepared workshop materials for the benefit of the entire Bar.

Annual Meeting

Bruce W. McIntyreChair

Bar Association Committee Reports

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This year, our Bar Associationfollowed the lead of a growingnumber of bar associationsaround the country and accept-ed a proposal to form anAnimal Law Committee. Asword of the imminent launch ofthis new Committee spread, asignificant number of attorneysfrom around the state (andMassachusetts) responded withenthusiastic support and volun-teered to serve. Soon thereafter,on April 28, 2011, the AnimalLaw Committee held its first

meeting.The Committee’s mission is to seek the participation of all

interested Bar members, including plaintiff and defense coun-sel, from both the public and private sectors, to providing aforum for exchanging ideas to: consider and discuss the legalissues involved in human beings’ relationship and coexistencewith animals; understand laws, regulations and case law per-taining to all areas of animal law; and provide continuing legaleducation opportunities throughout the year and at the Bar’sAnnual Meeting.

At the April and May meetings, Committee membersshared their perspectives on the particular issues that sparkedtheir interest in animal law and discussed their views on theCommittees’ goals and plans. Members noted that animalsinvolve many aspects of life, and at each intersection, theground is fertile for special issues to arise involving animals.Accordingly, the scope of animal law is wide, and encompass-es a broad array of areas ranging from custody and domesticdisputes to wills and estate planning; from personal injury toproduct liability; from criminal law to constitutional law; fromcontract law to tribal rights; from business litigation to civilprocedure and evidence; from health and disability law tohousing law; from governmental liability to intellectual prop-erty law; from landlord/tenant law to commercial transportlitigation; from medical malpractice to workers’ compensationand employers’ liability; from property insurance law to lifeinsurance law; from senior citizens’ issues to media, privacyand defamation; from land use to zoning; and from alternativedispute resolution to appellate advocacy.

Against this backdrop, the Committee plans to focus onthe myriad ways clients are legally impacted by the vast arrayof human/animal interactions, ranging from the legality ofestate planning for companion animals, to changing liabilitystandards and insurance coverage in dog bite cases, to com-pensation beyond the fair market value when an animal iskilled, to public and private conflicts about where an animalcan be, and to the competing interests of wild animals andurban, farming and recreational land use.

The culmination of the introductory meetings resulted inthe creation of an exciting and innovative agenda for theupcoming 2011-2012 year.

Animal Law

Katy A. HynesChair


The Business OrganizationsCommittee met monthlythroughout the past year.Committee members reviewedissues of interest and new legis-lation, including proposals forL3Cs in Rhode Island. Otheractivities included organizingand presenting a number ofseminars, including Bar-spon-sored seminars on organizing aRhode Island business and theUniform Prudent Managementof Funds Act. The Committeecontinued its review of the

Revised Uniform Limited Liability Company Act (RULLCA)and completed drafting proposed revisions to the RhodeIsland Limited Liability Company Act, including the additionof provisions similar to those in the Business Corporation Actexpressly permitting the appointment of receivers for LLCs.Contemporaneously, the Committee reviewed and draftedrevisions to the portions of the Business Corporation Actdealing with dissolution and the effect of the issuance of a cer-tificate of revocation by the Secretary of State. The Committeeis coordinating review of these revisions with the Committeeon Title Practices and Standards and the Committee onCreditors’ and Debtors’ Rights. Final versions of each revisionwill be introduced in the 2012 session of the GeneralAssembly.

Business Organizations

James H. HahnChair

The 2010-2011 ContinuingLegal Education (CLE) yearbegan with our annual, free,ethics seminar. The seminar waspresented at five different timesand three separate locationsmaking the program easilyaccessible to our members. Thisyear’s seminar focused on theinternet and the unique ethicaland professionalism issues itmay cause for attorneys. Theseminar received great reviews.We thank Affinity InsuranceServices, Inc. (Aon) for under-

writing the cost of this program allowing its presentation, freeof charge.

These programs were followed by a special seminar onCommercial Law. Due to the efforts of Committee member

Continuing Legal Education

Richard M. PeirceChair

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Patrick Guida, two nationally-recognized experts on the sub-ject presented a program for Rhode Island attorneys usuallyavailable only at the annual American Bar Association (ABA)conference. The program received great reviews and will beoffered again this Fall. This seminar was followed by a pro-gram on loss mitigation which featured speakers from the U.S.Justice and Treasury Departments, as well as our ownBankruptcy Court.

Throughout the CLE year, the Continuing LegalEducation Committee again provided full and varied pro-gramming. In over 65 programs, including our popular FoodFor Thought sessions and longer seminars, we presented thequality and quantity of sessions needed by Bar members tofulfill CLE requirements and continued to offer them at a veryreasonable cost. Our Food For Thought programs focused oncurrent legal issues such as social media, estate planning forsnowbirds, bankruptcy, estate planning in uncertain times andidentity theft.

Our Practical Skills and Recent Developments programscontinued this year. And, for the second time, we offered asimulcast of a live program developed by Suffolk UniversityLaw School.

Massachusetts Continuing Legal Education (MCLE) con-tinued adding to their library of Rhode Island practice booksand now offers six titles for Rhode Island attorneys. Per ourpartnership agreement with MCLE, the Rhode Island BarAssociation receives a percentage of revenue from the sales ofthese books.

On-line seminars continue to be offered through the BarAssociation website. Each year, more attorneys are takingadvantage of this convenient way to fulfill their CLE require-ments.

I thank all Committee members for their hard work inplanning these programs and those Rhode Island lawyers andjudges who volunteer their time as presenters. I invite all BarAssociation members to submit programming suggestions atany time and particularly encourage you to join ourCommittee.

The Environmental and EnergyLaw Committee (EELC) had anactive and robust second year.The EELC meets as a fullCommittee every month fromSeptember through May, exceptDecember, from 12:30pm to2:00pm and presents an issue-oriented speaker for an hour, aswell as informative and livelyEELC group member discus-sions on current events and hottopics.

The EELC Planning Sub-Committee met the firstWednesday of every month bytelephone to: identify topicsand speakers for Committeemeetings; discuss updates oncurrent events and hot topics;plan for Continuing LegalEducation (CLE) presentations;and discuss potential legislativeadvocacy issues. This year, EELCpresenters included: Susan E.Farady, Director of RWU MarineAffairs Institute, who presentedOcean Law & Policy in the 21st

Century: The Challenges of Managing Marine Public TrustResources; Paul J. Roberti, Commissioner, Rhode IslandPublic Utilities Commission, who discussed Deepwater Wind,renewable energy regulation and regulation in general by thePUC; Curt Spalding, Administrator, Region 1, US Environ-mental Protection Agency (EPA) and former ExecutiveDirector of Save the Bay, who shared his perspective on envi-ronmental protection and on EPA’s work in New England;Catherine Robinson Hall, Esq., Faculty, Williams College-Mystic Seaport Maritime Studies Program, who presentedLiving with the Spill: A Legal and Environmental Analysisof the Aftermath of the BP Deepwater Oil Spill; MikeO’Connell, the Director of the RI Resource RecoveryCorporation discussed the challenges facing that agency in themanagement of Rhode Island’s solid and hazardous waste; andended with a meeting featuring representatives from environ-mental advocacy groups Save the Bay, the Conservation Law

Environmental and Energy Law

Seth H. HandyCo-Chair

Bret H. JedeleCo-Chair

This past year, Committeemembers examined proposedamendments to Article 9 of theUniform Commercial Codeand the proposed enactment ofthe Foreign Country MoneyJudgment Recognition Act andissued recommendations withrespect to the proposed amend-ments and enactment. In addi-tion, the Committee consideredand commented upon draftamendments to Rhode Island’sBusiness Corporation Act andLimited Liability Company Act.

Many members of the Committee have agreed to and con-tinue to participate in an email communication systemthrough which members of the Committee are updated oninsolvency issues in state and federal courts.

Creditors’ and Debtors’ Rights

Richard L. GemmaChair

This past year was an active onefor the District Court BenchBar Committee, and we thankthe Committee Members fortheir efforts.

The Committee began theyear by meeting with ChiefJudge Jeanne E. Lafazia to iden-tify opportunities for theCommittee to assist the Court.As a result, the Committeeundertook both formal andinformal education effortsusing monthly meetings toaddress myriad topics includingcontinued perceived proceduralabnormalities related to fore-closures and the burgeoning useof electronic and digital evi-

dence of service of process. In its workshops and meetings, theCommittee also continued to address growing concernsregarding the increase of pro se litigation. Importantly, theCommittee held a special meeting to address congestion in theSixth Division and alleviating that congestion through greaterutilization of the Noel Judicial Complex.

The Committee concluded this year’s efforts by reviewingcertain District Court Civil Rules to identify areas where effi-ciency may be gained by more closely mirroring the Rules ofthe Superior Court.

Over the next year, the Committee is looking forward toworking on additional initiatives as guided by Chief JudgeJeanne E. Lafazia. The Chairs invite all interested Bar mem-bers to join the District Court Bench/Bar Committee as wemove forward.

District Court Bench/Bar

James A. HallCo-Chair

Joseph M. HallCo-Chair


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Foundation and the Sierra Club who discussed their missionsand proposed legislation of interest in this session.

The EELC presented the seminars Commercial RealEstate Transactions: The New Economic Climate and Updateon Environmental and Land Use Law at the Bar’s 2011Annual Meeting.

The coming year represents a change in leadership, asJennifer R. Cervenka, Esq., partner, Partridge, Snow & Hahn,LLP, and Christopher A. D’Ovidio, Esq., partner, Merolla &Accetturo, Adjunct Professor, Land Use Law, Roger WilliamsUniversity, are becoming the new, EELC co-chairs for 2011-2012. We invite all interested Bar members to support Jenniferand Chris by joining the EELC and taking an active part in thecoming year’s events.

The Committee met monthlyfrom September through May.The first guests were SuperiorCourt Chief Judge Gibney andFamily Court Chief JudgeLaFazia. Members asked theChief Judges to indicate areas ofcourtroom experience wherethe Committee might be helpfulin improving the relationshipbetween the judges and practi-tioners. Both Chief Judges werequite forthcoming in discussingareas where improvementscould be made. These includedlawyers actually calling thecourt to question whether acourt-excused lawyer was real-ly excused, including question-ing medical treatment, repeatedex parte communications, andthe failure of attorneys to rec-ognize how understaffed thecourts actually are. Committeemembers were recommended towork on seminars with judgeson various areas of courtroomdemeanor. The first seminar

entitled Disorder in the Court: Why are you acting like that?co-sponsored with the Lawyers Helping Lawyers Committeewas presented at the Bar’s Annual Meeting.

In February, Supreme Court Chief Justice Suttell visitedthe Committee and discussed the ongoing review of existingnew lawyers programs and possible Committee assistance tothe Court. The use of email for mentoring was discussed as aconvenient way for lawyers, especially younger, more com-

puter-savvy lawyers, to access helpful information without theneed for face to face meetings.

At a meeting with the Bar’s Executive Director HelenMcDonald attending, the Committee considered ways toapproach new lawyers at the Bar’s Annual Meeting. It wasnoted that many of the new lawyers will be present at the reg-istration area for practical skills course. Committee membersare planning to also be on hand to introduce new lawyers tothe Committee and to encourage new lawyer participation.

The Committee requested the Co-Chairs contact theRoger Williams University School of Law Career ServicesAssistant Dean to begin communications between theCommittee and the law school, aimed specifically at involving3rd year students who plan to remain in Rhode Island. Forthe 2011-2012 meetings, the Committee will be workingwith judges on seminars for the 2012 annual meeting and aseminar regarding lawyers considering retirement or the saleof a practice.Ethics and Professionalism

Stephen G. LinderCo-Chair

Kathleen G. DiMuroCo-Chair


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The Family Court Bench/BarCommittee continues to meeton the second Tuesday of eachmonth at the Garrahy Complex.Laurie Medwin-Fine continuesto serve as the Treasurer, and Igreatly appreciate her contin-ued assistance and support.

We had a number ofinformative and enlighteningCommittee meetings as well asContinuing Legal Educationcredits offered to members. InNovember, the Committee wasaddressed by Chief Judge

Bedrosian who outlined issues under consideration for thedomestic calendar, the financial statement (DR6A&B), as wellas issues involving pro se litigants. This was a highly informa-tive and well-attended meeting, and I thank Chief JudgeBedrosian for her time and continued enthusiastic support ofthe Committee. In February, Judge D’Ambra spoke to theCommittee about protocol and procedure in her courtroomon the post-Final Judgment calendar. Also in February, duringthe tax season, Attorney Justin Holden presented the annualCLE “Basic Tax Considerations in Separation and Divorce”which was well attended. Attorney Frank DiBiase of theOffice of Child Support Enforcement presented a CLE offer-ing an update on legislative and appellate issues regarding childsupport matters, as well as a practical application of the childsupport guidelines, including the child care tax credit. I thankJudge D’Ambra, and Attorneys Holden and DiBiase for theirtime and efforts. Their support of the Committee is appreciated.

Family Court Bench/Bar

Jane F. HowlettChair

Throughout this year, theFederal Court Bench/BarCommittee worked closelywith the Court, and particularlywith Chief Judge Mary Lisi andClerk of Court DavidDiMarzio, on various projectsto continue to improve the effi-ciency and responsiveness ofthe Court to the needs of liti-gants and attorneys. TheCommittee also worked onprojects focused on reachingout to lawyers and the commu-nity regarding federal practice,the role of the federal courts,and legal issues of interest to thecommunity.

In its work on improve-ment of practice, proceduresand rules to the benefit of theBench and Bar, the Committee

coordinated closely with the Local Rules Committee, taskedwith monitoring and recommending modifications to theLocal Rules. The Committee has also completed the first phase

Federal Court Bench/Bar

Patricia K. RochaCo-Chair

Patricia A. SullivanCo-Chair

of an exciting project to gather jury instructions and to makethem available electronically to attorneys and judges. Thecriminal instructions are now available. Work proceeds on thecivil instructions. This project, unique in the nation, will ulti-mately be of enormous utility to practitioners, as well as ben-eficial to litigants.

As a result of these ongoing projects, the Committee,with the enthusiastic support of the Court, has helped foster aCourt atmosphere that is responsive to the needs of attorneysand litigants.

In connection with its ongoing outreach function, theCommittee has continued the University Symposium Series,started in 2008. This series is sponsored by the Committee,working with the federal judiciary and with the local collegesand universities. During 2010, the Committee sponsored asymposium, jointly with Brown University, focused on theFirst Amendment.

The Committee sponsored a presentation at the Bar’s 2011Annual Meeting, and the Committee is working with theFederal Court on planning the 2011 District Conference,which scheduled for the Fall of 2011 and featuring a U.S.Supreme Court Justice, among other highlights.

The Committee participated in the Bar Association’scommittee networking event to invite and encourage newattorney membership, and we remain dedicated to increasingCommittee membership, welcoming any and all Bar membersto join and participate in our meetings.

During fiscal year 2010-11,twenty petitions for fee arbitra-tion were filed with the RhodeIsland Bar Association. Threematters were settled prior to aformal arbitration hearing. Sixmatters were dismissed becausethe respondent was unwilling toproceed with the arbitration.Ten matters were arbitratedwith the assistance of theCommittee. Five matters arestill pending. The amount offees in dispute ranged fromamounts of $1,800 to $33,000.Several disputes were betweenlawyers who had been involvedin the same case.

We continue to arbitrate controversies that could havebeen avoided by a clear fee agreement or timely billing prac-tices and better lawyer/client communications. The proceed-ings are primarily informal and serve as an alternative to liti-gation. Committee members serve voluntarily, without com-

Fee Arbitration

Henry V. Boezi, IIICo-Chair

Madis SuvariCo-Chair


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A number of Committee members attended the BarAssociation’s Annual Committee Networking Event. This wasa great way for new attorneys, as well as others looking for anetworking opportunity, to visit and speak with members ofthe various Bar committees. Several individuals attending thatevent have become members of the Family Court Bench/BarCommittee, and I look forward to working with them in thefuture.

I made a presentation at the annual Family Court JudicialConference in September at the Christian Brothers inNarragansett. All Committee members were invited and manyattended. A roundtable discussion between members of theCommittee and the Family Court Judges and Magistratesproved informative and instructive. Dinner followed the con-ference and was a truly enjoyable event.

It is a pleasure to serve as the Chair for a seventh year.Thank you to Chief Judge Bedrosian and all of the FamilyCourt Judges and Magistrates as well as Committee mem-bers who continue to make my appointment as Chair a greatexperience.

The Rhode Island Bar Asso-ciation’s Client ReimbursementFund (CRF) was established asa public service to promoteconfidence in the administra-tion of justice and the integrityof the legal profession. Our ex-perience has clearly establishedthe overwhelming majority ofRhode Island lawyers are hon-est, caring and deserving oftheir clients’ trust. The Fund’sfocus is reimbursing the lossesof clients victimized by the fewRhode Island lawyers who vio-

late the profession’s ethical standards and misappropriatefunds entrusted to them. Losses reimbursed by the Fundinclude the theft of estate and trust assets, settlements in realestate and personal injury cases, money embezzled in invest-ment transactions within an attorney-client relationship andthe practice of law, and unearned fees paid in advance tolawyers who falsely promise legal services.

The Fund Committee meets regularly to review and actupon claims and propose rules and procedures. The Com-mittee administers the Fund which is financed by an annualassessment of $25 per Rhode Island Bar Association membertogether with interest on the invested funds and any moneycollected by subrogation from the defalcating lawyers. TheCRF is a “fund of grace,” and all claimants are required toexhaust alternate sources of recovery before the Committeewill consider claims. We pursue subrogation rights after claimsare paid. In several cases, attorneys convicted of client fundthefts are also subject to court restitution orders.

Since the inception of the Fund in 1981, Rhode Islandlawyers have reimbursed more than $1.5 million to the victimsof the few dishonest lawyers in this state. No public fundshave been involved. These gifts are financed solely by pay-ments from lawyers.

The Fund provides some measure of reimbursement toclient-victims who have lost money or property due to theft ordishonest conduct. Unfortunately, there have been a numberof severe losses recently. In fiscal year 2010-11, twelve newclaims were received involving five former lawyers. Six claimshave been paid over the fiscal year totaling $64,335, and oneclaim was denied as not reimbursable under our rules.

Twelve claims are still awaiting action pending receipt of

further information and the exhaustion of other remedies.I will continue to keep you informed as the Fund contin-

ues to serve the public. Thank you for your support.

Fund for Client Reimbursement

Michael A. St. PierreChair

pensation, and are commended for their service to the Bar.This program fosters an understanding and confidence in thelegal profession, and we need and appreciate the continuedsupport of our volunteers and the membership.


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The Government LawyersCommittee endeavors to pro-vide its membership withopportunities to meet with legalcounsel from diverse agenciesin federal, state and local gov-ernment. During 2010-2011, theCommittee continued its tradi-tion of meeting at various gov-ernment agencies, where mem-

bers were educated as to the processes and procedures of thehost agencies and the duties andresponsibilities of their respec-tive legal staff. The Committeemet five times during the year.

The Committee began theyear in September at theDepartment of Labor andTraining (DLT) with a presenta-tion by DLT Legal Counsel,Valentino D. Lombardi, Esq.and Mary Ellen McQueeney-Lally, Esq. In October, theCommittee met at the RhodeIsland Commission for HumanRights, where members heardfrom Executive Director Michael

Evora, Esq. and Legal Counsel Cynthia Hiatt, Esq. andFrancis Gaschen, Esq. In February, the Committee convenedat the Social Security Administration (SSA) Office ofDisability Adjudication and Review, where Chief Admin-istrative Law Judge Barry Best provided an overview of thedisability adjudication and review process and discussed issuesconfronting the SSA.

In March, the Committee sponsored a Rhode Island BarAssociation CLE seminar, Legal Practice & Procedure beforethe RI Ethics Commission, which was open to all members ofthe Bar. Ethics Commission Staff Attorneys KatherineD’Arezzo and Jason Gramitt presented a primer for legal prac-tice before the Commission in both advisory opinion andcomplaint matters. In May and June, the Committee was onceagain invited to take part in a continuing in-house CLE seriesoffered by the Office of the Providence City Solicitor. TheCommittee concluded the year in May with an informativepresentation by Gayle Mambro-Martin, Esq., Internal LegalCounsel/Policy Analyst for the Employee’s RetirementSystem of Rhode Island (ERSRI).

Government Lawyers

Paul W. GoodaleCo-Chair

Katherine D’ArezzoCo-Chair

The Committee on Rhode IslandBar Association Insurance pro-grams met regularly over 2010-2011 year to review and recom-mend programs of professionalliability, health, life, accidentand other insurance for mem-bers of the Association. Currentprograms include:

Professional Liability InsuranceAon Attorneys’ Advantageprogram offers professional lia-bility insurance coverage spon-sored by the Bar Association.

Through a combination of Affinity Insurance Services, Inc.offices and a network of Independent Territorial Admin-istrators, Aon Attorneys’ Advantage program provides broadcoverage, competitive rates outstanding local service andrisk management service. To learn more about the benefitsand features of the program visit the Aon website atwww.attorneys-advantage.com/law.

Business Owners Property & CasualtyAon Attorneys’ Advantage, now also provides expanded cov-erage through the Aon Property and Casualty program. TheBar-sponsored program offers property, liability, workers’compensation and other miscellaneous coverage to Bar mem-bers. Aon’s access to major property casualty companies thatspecialize in this market enables them to place your coveragewith an insurance carrier that can provide your business withthe best and most comprehensive coverage at the most com-petitive prices.

Insurance Programs

Stephen J. AngellChair

Personal Lines InsuranceAs a Bar member, you are invited to apply for insurance cov-erage as part of the Bar Association’s Personal Lines InsuranceProgram. This valuable program gives you access to a full lineof superior, competitively-priced products from AmicaMutual Insurance Company including automobile, home-owners, life, marine and personal liability coverage. VisitAmica’s website at www.amica.com/ads/riba.htm.

Disability and Long Term CareMassachusetts Mutual Life Insurance Company (MassMutual) is a Bar-sponsored provider of Disability IncomeInsurance and Long Term Care Insurance for Bar members.Members receive discounts on these products from MassMutual, the discounts on Long Term Care Insurance also extendto members’ parents, grandparents, children and in-laws. Forgeneral product information on Disability Income Insurance,go to: http://producers.halfapaycheck.com/?13315; for LongTerm Care Insurance, go to: www.massmutual.com/ribar.

Term Life InsuranceRobert J. Gallagher & Associates’ representatives are happyto review Bar members’ insurance needs. Their Affinity planis underwritten by ReliaStar. For more information, contactRobert J. Gallagher, Jr., at 401.431.0837, e-mail him at [email protected],or visit their website at http://www.gallagherassoc.com.

Health & DentalHealth and Dental Insurance is offered to Bar members whohave an office located in Rhode Island. The plans are adminis-tered through USI New England. Interested members maycontact Rhode Island Bar Association New Business/RenewalAssistance & Plan Options, by telephone, at 401-372-1173.

The Committee continues to educate new Bar membersabout the insurable risks confronted by them in the practice oflaw. Program participants are provided with information con-cerning particular insurance programs endorsed by the BarAssociation.

I thank the Committee members for their many hours ofwork on your behalf, and I extend a special thanks to HelenMcDonald and the Bar Association staff for the tireless assis-tance they provide to the Committee and to the membership.

New this year, the Committee participated in a volunteercommunity service project for the Greater Providence Habitatfor Humanity. Committee members were joined by RhodeIsland Ethics Commission staff in providing a day of labor inthe construction of a single family residence on Swan Street inProvidence. Construction began in 2010 and the family wasscheduled to move into their new home in May 2011. TheCommittee’s work on this project proved to be a rewardingexperience for all involved.

The Committee extends its appreciation to Michael J.Sheldon for his service as Committee Secretary and encour-ages both new and seasoned members of the Bar to join theCommittee in the upcoming year.


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Guests of the Labor and Em-ployment Law Committee thisyear provided members with awide range of perspectives ontopics of Committee concern.Nancy DiPietro, of the U.S.Department of Labor’s Employ-ment Standards Adminis-tration, began the year by pro-viding the Committee with anexplanation of changes to theFamily Medical Leave Act andvarious Child Labor provisionsof the Fair Labor StandardsAct. In December, the Com-

mittee met at McFadden’s for what will hopefully be the firstof many holiday parties. In March, the Chief Wage and HourExaminer for the Rhode Island Department of Labor andTraining Helen Gage gave the Committee an overview ofRhode Island wage and hour law and discussed recent issues ofinterest. Later that month, Regional Director Rosemary Pye,and other representatives of Region One of the NationalLabor Relations Board, updated the Committee on recentBoard appointments and decisions. In April, the Committeecame together to discuss and recommend action on the unau-thorized practice of law issue presented in Town of LittleCompton v. Little Compton Firefighters, Local 3957, R.I.Supreme Court No. 2011-101-M.P. Following the discussion,Committee members were treated to a discussion led by JerryCobleigh and John Breguet concerning changes to public sec-tor bargaining laws in Wisconsin and Ohio. The year conclud-ed with the annual presentation by representatives of theRhode Island Commission for Human Rights.

As always, the Committee seeks to encourage additionalmembers of the Bar to participate in, and benefit from, theCommittee during the coming year. Toward that end, if anycurrent or new members have topics or issues for theCommittee to discuss or speakers they would like to addressthe Committee, please contact the Chair.

Labor and Employment Law

Thomas R. LandryChair


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The Lawyers Helping LawyersCommittee met bi-monthlyover 2010-11. The Committeeserves as a resource for BarAssociation members, provid-ing support and encouragementwhen needed. The LawyersHelping Lawyers Committeevolunteers give their time gen-erously to help their colleagues.Their primary role is not toserve as counselor, doctor ortherapist, but, rather, to lend anear, provide support, encour-agement and referral to appro-

priate professional resources.Supreme Court rule 8.3 (d) ensures that communications

between a lawyer or a lawyer’s family and a member of theLawyers Helping Lawyers Committee is confidential. Theidentity of an individual seeking advice is known only to thespecific Committee member and is not otherwise shared with-out the caller’s permission. During the past year, Committeemembers consulted with Bar members on a range of physicaland mental health issues. The Bar Association also contractswith Rhode Island Employee Assistance Services (RIEAS),which provides professional clinical services including assess-ment and referral at no cost to Bar Association members andtheir families. The Committee commends and thanks RIEASExecutive Director Judith G. Hoffman, LICSW, CEAP, for hervaluable contributions. Several Bar members were assisted byRIEAS in the past calendar year for issues including depres-sion, eldercare, alcohol, anxiety, divorce and addiction.

The Committee focused particular attention in 2010-2011on education. The Committee sponsored a program for theAnnual Meeting: Legal and Ethical Issues Surrounding theTreatment or Failure to Treat Depression: A Conversationwith Dr. Peter Kramer, M.D. Dr. Kramer is a BrownUniversity Medical School professor, a practicing psychiatristand best-selling author of six books including Listening toProzac and Against Depression. The program included a ques-tion and answer session regarding depression-related issuesincluding how to promote timely diagnosis and treatment ofthe disease.

At a regular meeting of the Committee, to which mem-bers of the Ethics and Professionalism Committee were invit-ed, Glenn Miller, from RIEAS, gave a presentation regardingsuicide awareness and non-clinical suicide prevention. Henoted that suicide is the end result of a long process and in theeyes of the sufferer; it is considered a solution to the problem.He noted that anyone can help prevent suicide. He provided alist of clues and warning signs having to do with behavior andtypical situations and suggested ways to provide non threaten-ing assistance.

Lawyers Helping Lawyers

Nicholas Trott LongChair

Lesbian Gay Bisexual & Transgender

The Committee on Lesbian, Gay, Bisexual & Transgender(LGBT) Legal Issues continued its work promoting profes-sional and educational opportunities for LGBT members

of the Rhode Island BarAssociation, and promoting,for all members of the RhodeIsland Bar Association, greaterawareness of and educationalprograms relative to the legalissues affecting the LGBT com-munity. The Committee heldregular meetings during 2010

and 2011 at various locations in Providence.The Committee prepared a workshop on student bullying

presented at the Bar Association’s 2011 Annual Meeting. Theworkshop, titled Student Bullying: The Legal Implications forStudents and School Departments, provided lawyers for stu-dents and school departments with an analysis of legal issuessurrounding student bullying. The panelists included RhodeIsland Family Court Chief Judge Haiganush Bedrosian whodiscussed how cases of student bullying are handled by the

This year, after three yearsoperating as the New AttorneyAdvancement Task Force, thegroup was accorded full Barcommittee status and a newname, the New LawyersCommittee. The main goal ofthe Committee has been andcontinues to be to find ways toreach out to new Bar membersto help them access all that theRI Bar Association has to offer.

In partnership with theBar’s Executive Committee,and with the cooperation of

over 20 other Bar committees and the Bar’s Public ServicesDepartment, the New Lawyers Committee held a fun andinformative evening of interactive networking with friendlyand helpful representatives from the participating Bar com-mittees and groups. During the event, new Bar members (withten years or less of membership) learned more aboutCommittee and public services offerings meeting with com-mittee chairs and representatives in an informal setting.

The Committee offered a free, CLE seminar for new Barmembers titled View From the Bench: The Superior CourtMotion Calendar, which gave attendees an opportunity to

New Lawyers Committee

Rebecca E. DuprasChair

The Committee also sponsored the Bar Association’sAnnual Meeting Wellness Center, offered for the first time inpartnership with Blue Cross and Blue Shield of Rhode Island.The Wellness Center featured a range of free, interesting,healthful and educational activities including: blood pressuremeasurement, cholesterol and glucose screenings; stop-byconsultations on nutrition with a health care professional; sunsafety screenings using DermaView technology to analyzefacial skin damage; stress management information; bodycomposition testing for fitness indicators and personal healthassessments utilizing a confidential questionnaire. Oh yes,there was also a chair massage station offering free shoulderand upper back massages. Health professionals at the WellnessCenter sought to quell the fast-spreading rumor that if onepartook of the massage station, all the other services could besafely ignored.

The Committee sponsored articles and programming inthe area of balance, wellness, dealing with stress and addiction.Committee members also participated in the Roger WilliamsUniversity School of Law orientation and the New LawyersIntroduction to Practice Program.

Committee member Roger C. Ross contributed a bookreview of Just Like Someone Without Mental Illness OnlyMore So: A Memoir by Mark Vonnegut, M.D. for theMay/June 2011 issue of the Rhode Island Bar Journal.

The Committee looks forward to providing additionaloutreach and educational programming in the coming year.The best way to assist lawyers is to get the message out thathelp is available and confidential.

Michael GraboCo-Chair

Susan T. PerkinsCo-Chair


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Family Court, as well as current trends in cyber bullying viathe internet and text messaging. Rhode Island Department ofAttorney General Assistant Attorney General ThomasPalombo examined various causes of action and remediesavailable under Rhode Island’s hate crimes laws and throughthe Office of Civil Rights Advocate. Karen Loewy, SeniorStaff Attorney at Gay & Lesbian Advocates & Defenders,provided an analysis of the existing legal protections in theschool context for ensuring student safety, focusing onLGBTQ student bullying. And, a member of Youth Pride,Inc. provided an overview of the services available to LGBTQstudents who experience bullying in the schools.

In addition to the workshop, the Committee submitted awritten request to the Bar Association regarding two equalmarriage bills, House No. 5012 and Senate No. 0029, whichwere introduced in the Rhode Island General Assembly.These bills would allow all same sex-couples in Rhode Islandequal access to a civil marriage. The Committee requested thatthe Bar Association advocate for the passage of these bills. Atits March meeting, the House of Delegates voted to supportthe passage of the equal marriage legislation.

We thank the members of the Committee and the BarAssociation for a successful year and look forward to contin-uing the work of the Committee in 2011-2012.


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The Committee on Probate andTrust considers proposedchanges in the legal systemrelating to the probate and trustareas. The Committee wasactive during the current year,meeting generally once eachmonth exclusive of the summermonths. The Committee con-sists of over one hundred mem-bers, many of whom were regu-lar attendees and active partici-pants at Committee meetings.Several probate judges weremembers of the Committee,

and they provided a useful perspective on Committee discus-sions.

The Committee was involved in the preparation of pro-posed legislation during the current session that would:1) protect existing property tax exemptions upon certaintransfers of property, including transfers to trusts; 2) increasethe homestead exemption from $300,000 to $500,000 andextend the exemption to trust beneficiaries or other individu-als occupying property; 3) exempt from attachment the pro-ceeds and cash value of life insurance policies and annuitycontracts; 4) change the manner in which the Rhode Islandestate tax is calculated from an exemption of $850,000

($859,350 with inflation adjustment) to the equivalent in anestate tax credit of $25,200, which would have the effect of giv-ing all estates (not just those $925,000 or less) the benefit of thecredit; 5) provide for the automatic “optimum marital deduc-tion” for documents drafted prior to 1981; and 6) provide for astatutory basis for the technique of “decanting” irrevocabletrusts.

The Committee also reviewed proposed legislation sub-mitted during the current session that would, inter alia: 1)make certain revisions to the laws regarding Probate Courtproceedings, including, specifically, claims procedure, rights ofa surviving spouse and inheritance; 2) provide for a remedywhere corporate sureties fail to honor surety bonds.

It is uncertain whether any of the remaining proposedlegislation referenced above will be enacted in the current ses-sion, since the Legislature remains in session at the time of thisreport.

The Chair was given invaluable assistance by a number ofCommittee members, including probate judges, who madethemselves available to review proposed legislation.

Probate and Trust

David T. RiedelChair

gain a practical understanding of the Civil Motion Calendarand gain knowledge directly from Associate Justice SarahTaft-Carter and seasoned trial attorney, Douglas J. Emanuel,who has organized similar CLEs for new Bar members in thepast.

The Committee hosted a workshop, The 60-SecondElevator Speech, on how to develop a profession-based, shortdescription of attorney strengths to use in both marketing andnetworking situations. At the final meeting of the year, theCommittee hosted guest speaker, Cranston Mayor and Barmember Alan W. Fung, at a presentation designed to help newBar members understand their professional career options.

Committee members also volunteered their help on thedevelopment of the Introduction to Practice and PracticalSkills seminars and forwarded a concept for a Bar web-based,Online Attorney Information Resource Center which wasapproved by the Bar’s Executive Committee and slated fordevelopment over the summer.

Although the Committee’s programming is primarilyaimed at those who have been practicing for ten years or less,all are welcome, and both new and more seasoned Bar mem-bers are invited to join the Committee and participate in activ-ity planning for the coming year.

What’s in a name? Well, the BarAssociation’s Executive Com-mittee thought the LegalServices Committee needed anew one to better reflect itsmission and reduce the confu-sion created with the similarityto Rhode Island Legal Services.So, we are now the PublicServices Involvement (PSI)Committee. The Committee’swork this past year reflects itssupport of the Bar’s public serv-ice programs and to further thegoal of increasing the public’s

access to legal representation and justice.Last Fall, we started with a CLE seminar on special edu-

cation law organized by Committee members and expandingon a 2010 Annual Meeting seminar. The PSI Committee alsoaddressed the Rhode Island Family Court’s requirement thatVolunteer Lawyer Committee (VLP) clients submit a motionto proceed in forma pauperis and an accompanying financialaffidavit, despite having been qualified under the same eco-nomic guidelines employed by the Rhode Island LegalServices (RILS), and despite the fact that a memorandum froma former chief judge had exempted RILS clients from courtfees. Committee members wrote, and the Bar’s ExecutiveCommittee approved, a letter to newly-appointed ChiefJudge, Haiganush Bedrosian seeking her assistance in elimi-nating these requirements for Bar VLP and Elderly pro bono

Public Services Involvement

Christine J. Engustian,Esq.Chair

In the last year, the SuperiorCourt Bench Bar Committeeworked on a variety of projectsin collaboration with theSuperior Court in furtheranceof the Committee’s mission toimprove practices and proce-dures in the administration ofjustice in that Court. TheCommittee is particularlyproud of its efforts to supportPresiding Justice Gibney, andseveral members of the SuperiorCourt, in a project designed toestablish a process for meaning-ful pre-trial conferences at theMotion to Assign stage of aproceeding for the purpose ofassisting the Court and litigantsin managing the civil trial calen-dar, reducing the backlog ofcivil cases on the trial calendar,and, ultimately, eliminating theneed for control calendar calls.This project culminated earlierthis year in the issuance byJudge Gibney ofAdministrative Order 2011-7 –Assignment of Cases to the

Trial Calendar in Providence County which took effect onMay 1, 2011.

Development of this Order was guided by concernsexpressed from bench and bar alike that cases are assigned tothe trial calendar in Providence County well before they areready for trial, merely to get in the trial pipeline, with theresult that large numbers of cases are assigned to the trial cal-endar, but repeatedly continued at the control calendar forcompletion of discovery and related pretrial matters. Therealso was general consensus that the pre-trial procedures setforth in the Rhode Island Rules of Civil Procedure, such asRule 16, are under-utilized as tools to assist the Court and theadvocates in narrowing issues, managing discovery and sched-uling matters, and resolving cases short of trial. The objectivesof the Order are to: 1) develop practices that will result in casesbeing ready for trial when noticed thus improving the mannerin which civil cases are scheduled and called for jury and non-jury trials in Providence County; and 2) afford meaningfulcase management and settlement opportunities at an appropri-ate stage in the life cycle of a case.

The Committee is currently in the process of draftingproposed revisions to the Rules of Civil Procedure to addressthe discovery of electronically-stored information (ESI).Prompted by the issuance of proposed Uniform Rules on ESI

Superior Court Bench/Bar

Melissa E. DariganCo-Chair

Karen A. PelczarskiCo-Chair

clients. We anticipate a future meeting with the Bar President,the PSI Committee Chair and the Chief Judge to discuss thisissue and other pro bono incentives. The Committee alsomodified the rules governing the Lawyer Referral Services(LRS) attorneys to include grounds for the Bar Association toreview an attorney’s continued eligibility for membership inthe LRS panel.

The PSI Committee participated in the fun and livelyNew Lawyer Bar Committee Networking Event. Newlawyers’ enthusiasm for the PSI Committee’s work was evi-dent, and we obtained at least one new and active Committeemember. The Committee extends its gratitude to Bar PublicServices Director Susan Fontaine and longstanding and devot-ed Committee member David Reilly for representing theCommittee.

Each year, a PSI Committee subcommittee selects annualpro bono award recipients. from the VLP and one from theElderly Pro Bono Program. The continuing service award isnow selected and awarded every other year.

With the dual hope of benefiting the present members ofthe Bar’s pro bono programs and increasing membership tothose programs, the Committee is planning topics for a seriesof basic seminars in areas of the law where the need for probono legal representation is the greatest, namely family, bank-ruptcy, debt collection/consumer and probate (wills, powersof attorney and guardianships). These topics will include clientinterviewing, necessary documentation to institute legalaction, court procedure, closing of the client matter, and othermatters. These proposed seminars are subject to coordinationwith the Bar’s CLE Committee and will occur no earlier thanthe Spring of 2012.

A very special measure of gratitude is extended to ourfriend and liaison, Susan Fontaine, the Bar’s Public ServiceDirector, who provides her assistance, knowledge, advice andguidance to the PSI Committee, month after month and yearafter year. Susan is admired for the way she offers her helpinghand and always with a smile. We thank you, Susan.

Since each one of us, as attorneys subject to the Rules ofProfessional Conduct, should be providing 50 hours, albeitnon-mandatory, per year in pro bono service, the PSICommittee strongly encourages each attorney to work onbehalf of the poor and needy by accepting cases through ourBar’s public service programs. As Sir Winston Churchill said,“we make a living by what we get, but we make a life by whatwe give.”


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discovery, the Committee reached general consensus that reg-ulation of discovery relative to ESI is warranted and that revi-sions to the Rules should be pursued. The Committee intendsto complete a draft of the proposed Rules amendments by theend of the summer and present the proposal to a sub-commit-tee of Superior Court justices established by Judge Gibney.Ultimately, the Committee expects to present a series of Rulesrevisions for consideration by the Superior Court and adop-tion by the Supreme Court.

The Supreme Court Bench/Bar Committee continued to workwith and assist the Supreme Court, and, in particular, Chief

Justice Suttell and Clerk ofCourt, Debra A. Saunders. TheCommittee discussed issues ofimportance to Supreme Courtpractitioners and to the Court,including potential revisions tocertain Supreme Court rules,practical and cost-effective waysfor practitioners, as well asmembers of the Court and itsstaff, to be advised of and shareinformation of interest, elec-tronic notification of confer-ences, orders and opinions,Rule 12(a) statements, appellate

screening of cases and mediation. The Supreme Court has theability to notify the entire Rhode Island Bar by e-mail, as it hasimplemented new technologies and services to provide the var-ious courts and Bar with updated information, as well as toannounce upcoming news and events, including news andupdates from the Supreme Court Clerk’s Office with respectto court closures resulting from inclement weather or states ofemergency.

The Committee discussed potential CLE programs thatmight involve the Justices of the Court either at future sepa-rate CLE programs or as part of an upcoming Annual BarMeeting.

The Committee also participated in the successful BarCommittee Networking Event, introducing and explainingthe Committee’s various professional opportunities andanswering any questions that Bar members might have aboutthe Committee and its functions. The Committee always wel-comes any members of the Bar who are interested in theCommittee’s work to express that interest and requestappointment as a Committee member.

Supreme Court Bench/Bar

John A. TarantinoChair

The Committee on Technologyin the Practice met regularlythis year and addressed a num-ber of technology issues ofimportance to lawyers.

Previously the Committeehad reviewed systems for theelectronic backup and storageof lawyers’ critical computerdata which is vulnerable to lossor damage from fire or othercasualty or computer hardwareproblems. After issuing arequest for proposals (RFP) toeight vendors, the Committee

reviewed the responses and recommended two vendors to theBar’s Executive Committee for approval as Member Benefits.One vendor, MozyPro, has rolled out its online data backupprogram for Rhode Island Bar Association members. Moreinformation is available through the Bar’s website Mem-bership Benefits section under a link headlined MozyProOnline Data Backup.

The Committee heard presentations on the use of tech-nology in the courts and an update on developments from theDivision of Business Services (formerly the CorporationsDivision) of the Office of Secretary of State A. Ralph Mollis.

For the past two years, the Committee has arranged forwell-known lawyer, speaker and legal-technologist RossKodner to present technology seminars at the Rhode IslandBar Association Annual Meeting. The seminars were wellreceived, and Mr. Kodner presented at the 2011 AnnualMeeting. His subjects this year included the use of technologyin the practice and implications related to social networking.

The Committee invites interested Bar members to joinand looks forward to a productive 2011-2012.

Technology in the Practice

Peter V. LacoutureChair

The Title Standards andPractices Committee met eighttimes. Attendance continuedstrong with an average of morethan 20 members attending eachmeeting. The members benefit-ed from lively and informativediscussions regarding newdevelopments in the law andtransactional practice.

The Committee consideredeight proposals for legislativechange originating with our

Title Standards and Practices

Albert K. AntonioChair

The Workers’ Compensation Bench/Bar Committee met atthe Garrahy Judicial Courthouse on the third Wednesday ofeach month. Chief Judge George Healey and the Court’s asso-ciate judges were regularly present at the meetings, giving all

Committee members an oppor-tunity to discuss any issue thatmay have arisen from month tomonth in a candid and produc-tive manner.

At every meeting, Co-Chair Jack R. DeGiovanni,informs the Committee mem-bers of any updates in forms

and procedure utilized in the workers’ compensation practice.In addition, he opens the floor to discuss any issue or concernthat may arise in representing clients, whether the employee oremployer, before the Workers’ Compensation Court. A hottopic this year was the utilization of the resources of the JohnDonnelly Center while the injured worker is receiving weeklycompensation, as well as post settlement in assisting the work-er in returning to the work force. In addition, the co-chairmenwere active in reaching out to new lawyers to join itsCommittee by attending Bar-sponsored events and otheractivities.

The Committee’s popular, early December annual holidaygathering at Downcity Diner in Providence was well attended.It is one of several Committee-sponsored social events foster-ing civility in practice before the Court and amongst practi-tioners. As always, Co-Chair Paul V. Mancini organized astellar event!

In May, judges and lawyers of the Committee travelled to

the John Donnelly Center for discussions with Center staffconcerning operation and programs available to the injuredworker during the recovery period and post settlement. Thetrip was a valuable refresher and learning experience. A follow-up meeting will be scheduled for the Fall to continue to deter-mine how best to utilize this important asset in the practice.

The annual Bench/Bar golf outing was held in Septemberat Triggs Memorial Golf Course. Judge Morin was instrumen-tal in setting up this event. The course was exceptional, and thefestivities afterward were so well received, that it is the intentof the Committee to make this an annual event. We extend avery special thank you to Judge Morin for assisting theCommittee in organizing this event and to Judge Ferrieri forhelping promote this well-attended event. Building on the suc-cess of the Fall tourney, attorney Tom Ford has graciouslyagreed to host and assist in organizing an early summer golf-ing event at Potowomut Country Club.

Overall, it was a very successful year for the Workers’Compensation Bench Bar Committee thanks to the active par-ticipation of the Bench and the practitioners! The Committeelooks forward to a brief respite over the summer beforerecommencing again in the Fall!

Workers’ Compensation Bench/ Bar

Jack R. DeGiovanniCo-Chair

Paul V. ManciniCo-Chair


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committee; five were approved by the Committee for presen-tation to the Bar’s Executive Committee. Of those five, one, abill which would validate certain conveyancing defects, wasintroduced in the Legislature. It has been held for furtherstudy in the House, and is currently pending action in theSenate.

The Committee approved a new standard dealing withnominee trusts, which was sent to the Executive Committeefor publication in the this issue of the Rhode Island BarJournal for Bar member review and comment.

The Committee continues to be concerned with record-ing, abstracting and other transactional matters. TheCommittee will always welcome and consider suggestions forimproving transactional practice in Rhode Island as it alsocontinues to improve and modernize its Title Standards andPractices.

Editor’s Note: Due to the untimely passing of the Committee’s long-time andhighly-valued Chair Albert K. Antonio earlier in the year, Committee mem-ber Michael B. Mellion provided this year’s report.

Proposed Title Standards RevisionsOpen for Bar Member Review and Comment

DRAFT

SECTION III CONTINUED

STANDARD 3.11

EFFECT OF INSTRUMENT EXECUTED BY TRUSTEEOF A NOMINEE TRUST

Where an instrument conveying an interest in real estateexecuted by the trustee of a nominee trust, so-called, appearsin the chain of title, and the instrument is executed andacknowledged in proper from, it may be assumed that allof the beneficiaries of the nominee trust authorized anddirected the trustee to execute and deliver the instrument.

Accordingly, the instrument executed by the trustee of thenominee trust will be deemed to have conveyed marketabletitle to the interest described in the instrument, provided that(a) there is no record evidence of a challenge to the validityof the instrument, and (b) no party has actual knowledge ofan off-record challenge to its validity.

COMMENT:

A nominee trust is a trust in which the trustee is given noauthority or power to deal in or with the trust estate exceptas authorized and directed by the beneficiaries of the trust.

In a conveyance by the trustee of a nominee trust, the lan-guage of the form of the Affidavit or Memorandum of Trustaddressing R.I. Gen. Laws § 34-4-27(a)(3), (a)(4) and (a)(5)must be modified. See Practice Form 11 for a suggestedform of the Affidavit or Memorandum of Trust for use witha nominee trust.

An attorney involved in a current transaction involving aconveyance by the trustee of a nominee trust should insistthat that a consent and direction of the beneficiaries of thenominee trust be produced and recorded.

The Rhode Island Bar Association’s Title Standards andPractices Committee, with Michael B. Mellion, Esq. servingas acting Chair, voted unanimously to submit the followingproposed Title Standards revisions to the Rhode Island BarAssociation Executive Committee for its consideration. Barmembers are invited to comment on these proposed changes,no later than August 1, 2011, by contacting Rhode Island BarAssociation Executive Director Helen Desmond McDonaldby email: [email protected].




This year’s hard-working Annual MeetingCommittee, ably and amiably chaired byBruce W. McIntyre, produced a diverseand enriching program. Supporting thiseffort, the Bar Association staff workedwith the Committee to ensure a seamlesspresentation of workshops, product andservice offerings.

A wide range of seminars providedguidance in family, federal, trial, andcommercial law, as well as a variety ofethics-related topics. Program highlightsincluded seminars on environmentalissues, legal technology, the ever-popularcivil and criminal case law updates, andmore. All the offerings were enhanced bythe participation of many distinguishedand accomplished presenters, and over1,500 Bar members attended.

Bar President LiseM. Iwon welcomedBar members tothe Annual Meetingand noted herappreciation to theentire Bar for theirsupport during herpresidency.

Legendary civil rights activistMorris Seligman Dees, Jr.,Esq., the Meeting’s plenaryspeaker, delivered athoughtful, interesting andinspiring address onAmerican justice to apacked, standing-room-only,group of Meeting attendeeswho received his messagewith open minds and heartsand gave him a standingovation.

Bar President Lise M. Iwon, Esq., Laurence & Iwon; Peter Kramer, M.D., BrownUniversity Medical School; and Nicholas Trott Long, Esq., Providence presentedLegal and Ethical Issues Surrounding the Treatment or Failure to Treat Depression:A Conversation with Dr. Peter Kramer.

Kevin D. Heitke, Esq. and 2011-2012 Bar President WilliamJ. Delaney, Jr., Esq., both of Delaney DeMerchant & HeitkeLLP, presented The Intersection of Domestic Boulevard andDebtor Avenue.

Stacie B. Collier, Esq., Nixon Peabody; Richard M. Peirce, Esq., Roberts, Caroll,Feldstein & Peirce; and Zoe Argento, Esq. Roger Williams University School of Lawaddressed Rights and Responsibilities of Employees and Employers: Social Media in theWorkplace.



Robert M. Sabel, Esq., RI LegalServices, John W. Dineen, Esq.,Providence; and (not pictured)Past Bar President Lise M. Iwon,Esq., Laurence & Iwon deliveredA Landlord Tenant Case Studyand Discussion.

Lawyers Helping Lawyers Committeemembers Judith Hoffmann, ResourceInternational Employee Services and

Deborah M. Tate, Esq., McIntyre, Tate& Lynch, LLP fielded member ques-tions at the Committee table in the

free Wellness Center.

Unique to this year’s Annual Meeting, developed by the Bar staff and theBar’s Lawyers Helping Lawyers Committee, in partnership with BlueCross/Blue Shield of RI, the free Wellness Center featured a rangeof free, interesting, healthful and educational activities including: bloodpressure, cholesterol, and glucose screenings; chair massage stations;sun safety screening; stress management reduction techniques bodycomposition screening and more.

Hon. Paul A. Suttell,Chief Justice, RI

Supreme Court deliveredhis State of the Judiciary

Address and shared aspecial message fromretired US Supreme

Court Justice Sandra DayO’Connor concerning the

national, iCivics onlineeducation program nowmaking its debut in RI.

Jennifer R. Cervenka, Esq., Partridge Snow & Hahn, LLP; BrianA. Goldman, Esq., RI Coastal Resources Management; Marisa A.Desautel, Esq., RI Department of Environmental Management;and Christopher A. D’Ovidio, Esq. Merolla & Acceturo providedan Update on Environmental and Land Use Law.

Hon. Patricia A. Hurst, Associate Justice, RISuperior Court; Bohun B. Kinloch, Esq., Hasbro,Inc.; and Richard Suls, Computer/TechnologyConsultant reviewed Technology in theCourtroom: Demonstrative Evidence for the21st Century and Beyond.

Michael A. DiLauro, Esq.,Office of the Public Defenderaddressed issues When theCriminal Justice System Fails.



Ross L. Kodner, Esq.,MicroLaw, Inc. present-ed two seminars, TheOnly Rational and Real

Reasons to UseTechnology in Your

Practice and ProtectingYour Practice from

Technology Disaster:The Ethical and

Responsible Approachto Inevitable Calamity.

Susan Leach DeBlasio,Esq., Adler, Pollock &Sheehan, P.C. presenteda seminar on Represent-ing the Rhode IslandBusiness Entity: EthicalConsiderations.

Linda Franklin from Casemaker, the free-to-mem-bers, 24/7, online law library available through theBar’s web site, provided attendees with a tour ofthe library’s features, benefits and new updatesincluding CasemakerElite.™

Annual MeetingSnapshotssee page 31

Founded in 1958, the Rhode Island Bar Foundation is the non-profitphilanthropic arm of the state’s legal profession. Its mission is to fosterand maintain the honor and integrity of the legal profession and to study,improve, and facilitate the administration of justice.

The Foundation receives support from members of the bar, otherFoundations, and from honorary and memorial contributions. TheFoundation invites you to join in meeting the challenges ahead by con-tributing to the Foundation’s Tribute Program. The Foundation’s TributeProgram honors the memory, accomplishments, or special occasion ofan attorney, a friend, a loved one, his or her spouse, or another familymember. Those wishing to honor a colleague, friend, or family membermay do so by filling out the form and mailing it, with their contribution, tothe Rhode Island Bar Foundation, 115 Cedar Street, Providence, RI 02903.You may also request a form by contacting the Rhode Island BarFoundation at 401-421-6541. All gifts will be acknowledged to the family.

RHODE ISLAND BAR FOUNDATION TRIBUTE PROGRAM GIFT

To contribute to the Rhode Island Bar Foundation in memoryof someone who has died or in honor of a special occasion,please complete this form and mail it with your contribution.

We will send a card to the person honoredor to the family member of the deceased.

PLEASE PRINT

I am enclosing a special gift in the amount of $ ____________________________

In Memory of ______________________________________________________________

In Honor of ________________________________________________________________

To celebrate his/her/their __________________________________________

SEND ANNOUNCEMENT OF GIFT TO:

Name ______________________________________________________________________

Address ____________________________________________________________________

City/State/Zip ______________________________________________________________

INDICATE ON ACKNOWLEDGMENT THAT GIFT IS BEING MADE BY:

Your Name(s) ______________________________________________________________

Address ____________________________________________________________________

City/State/Zip ______________________________________________________________

Phone (in case of questions)________________________________________________

Email: ______________________________________________________________________

Rhode Island Bar Foundation, 115 Cedar Street, Providence, R.I. 02903

telephone: (401) 421-6541

All gifts are acknowledged in the Foundation’s annual report.

The Rhode IslandBar Foundation



Charle Alexandre, PhD, RN, RI Department of Health and BruceW. McIntyre, Esq., RI Department of Health discussed MedicalMarijuana: Unexpected Consequences for Employers, Landlords,Tenants, Licensed Health Facilities, and Patients.

Hon. Elaine T. Bucci, RI District Court Judge, Brian Adae, Esq., RIDisability Law Center; Hon. Alice B. Gibney, Presiding Justice, RI SuperiorCourt; Wayne M. Kezirian, Esq., Johnson & Wales University presentedDisorder in the Court: Why Are You Acting Like That?

Robert H.Humphrey, Esq.,Law Offices ofRobert H. Humphreyand Amy K. Dodge,Department of theAttorney Generaldiscussed RefusalCases: Beyond theBasics.

Hon. Francis J. Darigan, Associate Justice RI Superior Court; Thomas M.Dickinson, Esq., Law Offices of Thomas Dickinson; Lauren E. Jones, Esq.,Jones Associates; Hon. Judith C. Savage, Associate Justice, RI SuperiorCourt; and Hon. Francis X. Flaherty, Associate Justice, RI Supreme Courtpresented the Civil Law Case Update.

Timothy J. Conlon, Esq., TJC, Esq.; Jean A. George, MA, Macktaz &George LLC, Inc.; Steven J. Hirsch, Esq., Office of Steven J. Hirsch; andLori Jean Giarusso, Esq., Mediator, RI Family Court reviewed Do’s andDon’ts for Family Court Practitioners with Court Ordered Mediation.

Elizabeth W. Segovis, Esq., RI Legal Services, Jane F. Howlett, Esq.,Family Court Bench/Bar Committee Chair; Justin S. Holden, Esq., Holden& O’Brien; and Gergory A. Porcaro, CPA, Orlando Porcaro and Associatespresented Taxation Issues in Family Law Cases: What You Need to KnowBefore it’s Too Late.


Rhode Island Bar Association Report of Nominating Committee(Article VIII, Rhode Island Bar Association Bylaws)

DISTRICT 1 – Newport County

Joseph P. Casale Richard P. D’AddarioN. Jameson Chace Christopher S. Gontarz

DISTRICT 2 – Washington County

Debra L. Chernick Peter L. LewissBarbara E. Grady Hon. Edward H. NewmanRichard C. Panciera Madis T. Suvari

DISTRICT 3 – Kent County

Denise C. Aiken Gerard P. CobleighBruce J. Balon Marcia M. IppolitoCarolyn R. Barone Kristin N. MatskoLaurie Horridge Bissonette Philip G. ParsonsPeter J. Brockmann Michael A. St. Pierre

DISTRICT 4 – Bristol County, East Providence

Harold W. Demopulos Jane F. HowlettChristine J. Engustian Thomas G. Shaffer

DISTRICT 5 – Providence, North Providence

Richard B. AbilheiraOlajumoke AkinrolabuArmando E. BatastiniNeville J. BedfordNicole J. BenjaminHenry V. BoeziCristen L. CiresiRaymond C. CoiaMelissa E. DariganKaren L. DavidsonDaryl E. DayianSusan Leach DeBlasioRebecca E. DuprasWilliam A. FarrellGail Higgins FogartyJanet GilliganJason GramittJoseph M. HallMartha A. HoltDana M. HortonKaty A. Hynes

Richard Jessup Jr.Robert E. Johnson, IVLynette LabingerStephen G. LinderThomas M. MaddenGenevieve M. MartinJames P. MarusakKathleen Maher McKendallStephen M. MillerMark B. MorseRichard M. PeirceThomas PlunkettLaura A. PisaturoJ. Richard Ratclif feDavid T. RiedelSharon A. SantilliLinda Rekas SloanPatrick J. Smock IIJonathan L. StanzlerWilliam J. Trezvant

DISTRICT 6 – Cranston, Johnston, Scituate, Foster,Glocester, Smithfield

Thomas B. Coffey, Jr. Michael JolinVincent DiMonte Tedford B. RadwayKathleen G. DiMuro William J. RiccitelliJane B. Gurzenda Neena Sinha Savage

DISTRICT 7 – Pawtucket, Central Falls, Lincoln, Cumberland

Michael Devane John F. NearyThomas D. Goldberg Stacy Pires VeroniCristine L. McBurney

DISTRICT 8 – Woonsocket, Burrillville, N. Smithfield

Aram Jarret, III Robert A. Mitson

All nominations are for a term of one year. Lise M. Iwon is auto-matically a member of the House of Delegates as immediate PastPresident. In accordance with the provisions of the Bylaws, theCommittee further nominates the following Past Presidents to theHouse of Delegates:

Victoria M. AlmeidaLauren E. JonesThomas W. Lyons IIIJohn M. RoneyJohn A. Tarantino

David N. Bazar is a member of the House of Delegates as BarJournal Editor-in-Chief.

ABA Delegates: Robert D. Oster and Joseph J. Roszkowski.

Nominating Committee

Victoria M. Almeida, ChairpersonLinda BuffardiDeborah L. ChernickN. Jameson ChaceCristen L. CiresiMaria J. R. GoncalvesJane F. HowlettMichael JolinErnest G. MayoMichael A. St. PierreAdrienne G. SouthgateMadis T. Suvari

Under the provisions of the Bylaws of the Rhode Island Bar Association President-Elect William J. Delaney automatically succeeds tothe Presidency. Pursuant to Section 8.5, the election shall be at the Annual Meeting scheduled for June 16, 2011 at the Rhode IslandConvention Center in Providence.

The following members have been nominated as officers and for membership in the House of Delegates:

President William J. DelaneyPresident-Elect Michael R. McElroy

Treasurer J. Robert Weisberger, Jr.Secretary Bruce W. McIntyre

Immediate Past President Lise M. Iwon


2011 ANNUAL MEET ING SNAPSHOTS

Keynote Speaker Morris Dees, Esq. and PastBar Association President Mark S. Mandell, Esq.

Hon. Francis J. Darigan and DennisJ. McCarten, Esq.

Chief Justice Paul A. Suttell at the FridayAnnual Awards Luncheon.

Bar member receivinga relaxing, free,

chair massage in theWellness Center.

Past Bar Association Presidents MarkS. Mandell, Esq. and Deborah M.Tate, Esq.

Samuel D. Zurier, Esq. and Past Bar Association PresidentThomas W. Lyons, Esq.

Barbara L. Margolis, Esq. sharing a lightmoment with other Bar members.

Armando E. Batastini, Esq., Laura A. Pisaturo, Esq., andRalph R. Liguori, Esq.

Wills/Trusts

Estate Tax Planning

Estate Settlements

Trusts for Disabled Persons

Personal Injury Settlement Trusts

All Probate Matters

The R.I. Supreme Court Licenses all lawyers in the general practice of law.The court does not license or certify any lawyer as an expert or specialist in any field of practice.

Anthony R. MignanelliAttorney at Law

10 Weybosset Street, Suite 205 • Providence, RI 02903Tel: (401) 455-3500 Fax: (401) 455-0648

www.mignanelli.com


We are here to help you.Rhode Island Bar Association members and their families may receive confidential and

free help, information, assessment and referral for personal challenges through the Bar’scontract with Resource International Employee Assistance Services (RIEAS) and through themembers of the Bar Association’s Lawyers Helping Lawyers Committee. To discuss yourconcerns, or those you may have about a colleague, you may contact a Lawyers HelpingLawyers Committee member, or go directly to professionals at RIEAS who provide con-fidential consultation for a wide range of personal concerns including but not limited to:balancing work and family, depression, anxiety, domestic violence, childcare, eldercare,grief, career satisfaction, alcohol and substance abuse, and problem gambling.

When contacting Resource International Employee Assistance Services, please identifyyourself as a Rhode Island Bar Association member. A RIEAS Consultant will briefly discussyour concerns to determine if your situation needs immediate attention. If not, initial appoint-ments are made within 24 to 48 hours at a location convenient to you. Please contact RIEASby telephone: 401-732-9444 or toll-free: 1-800-445-1195.

Lawyers Helping Lawyers Committee members choose this volunteer assignmentbecause they understand the issues and want to help you find answers and appropriatecourses of action. Committee members listen to your concerns, share their experiences, andoffer advice and support.

Lawyers Helping Lawyers Committee Members Protect Your Privacy

Please contact us for strictly confidential, free, peer andprofessional assistance for your personal challenges.

Richard Abrams, Esq. 351-5700

Brian Adae, Esq. 864-1705

Neville J. Bedford, Esq. 348-6723

Henry V. Boezi, III, Esq. 861-8080

David M. Campanella, Esq. 732-0100

Diana Degroof, Esq. 274-2652

Sonja L. Deyoe, Esq. 864-3244

Kathleen G. DiMuro, Esq. 944-3110

Brian D. Fogarty, Esq. 821-9945

Jeffrey L. Koval, Esq. 885-8116

Nicholas Trott Long, Esq. 351-5070

Genevieve M. Martin, Esq. 274-4400

Dennis J. McCarten, Esq. 965-7795

Joseph R. Miller, Esq. 454-5000

Henri S. Monti, Esq. 467-2300

Suzette I. Pintard, Esq. 274-4400

Roger C. Ross, Esq. 723-1122

Adrienne G. Southgate, Esq. 301-7823

Deborah M. Tate, Esq. 351-7700

Judy Hoffman, LICSW, CEAP, RIEAS 732-9444or 800-445-1195

A Primer on Bankruptcy Practice and Procedure, a Rhode Island Bar Association

CLE co-sponsored by the Bar’s Public Service Programs and the United States

Bankruptcy Court., was offered free of charge to all members of the Bar’s Volunteer

Lawyer Program (VLP), Pro Bono Program for the Elderly and the US Armed Forces

Legal Services Project who accepted a pro bono bankruptcy case at registration.

Speakers (l to r) Charles A. Pisaturo, Jr., Esq., Sandra Nicholls, Esq., Susan M.

Thurston, Esq. and Christopher M. Lefebvre, Esq. discussed leading consumer

bankruptcy issues and practice pointers for Rhode Island Bankruptcy Court cases.

Over 40 cases were placed through this excellent cooperative effort.

New Rhode IslandWomen’s BarAssociation Officersand Board

The Rhode Island Women’s Bar Associationannounced its slate of 2011-2012 Officersand Board members as follows: PresidentAlicia J. Samolis, Esq., Partridge Snow &Hahn LLP; Vice President Denise S. Cassisi,Esq., Lynch, Lynch & Friel; Secretary KatieA. Ahern, Esq., Hinckley, Allen & Snyder,LLP; Treasurer Amanda J. Argentieri, Esq.,Rhode Island Supreme Court; Ex OfficioLeah J. Donaldson, Esq., Motley Rice LLC;and Board Members Gina M. RenzulliLemay, Esq., Law Office of William J.Conley, Jr.; Melody A.Alger, Esq., AlgerParker LLP; Sara E. Sweeney, Esq.,Providence; and Hon. Patricia A. Hurst,Rhode Island Superior Court.


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In Memoriam

Anthony DiPetrillo, Esq.

Anthony DiPetrillo, 96, of Cranston,passed away on April 28, 2011. Bornin Providence, he was the son of thelate Carmine and Raffaela DiBiasioDiPetrillo. A lifelong Rhode Islandresident, he attended Providence pub-lic schools and graduated from RIState College, now URI, and BostonUniversity School of Law. He was afounding partner in the law firm ofDiMascolo and DiPetrillo. He retiredin 2009 after over sixty-five years ofactive practice and membership in theRhode Island Bar Association.

Anthony was one of the first groupof boys to join the Olneyville BoysClub. He organized and chaired theCommittee celebrating the 50thAnniversary of the Olneyville BoysClub and served on the Board ofDirectors RI Boys Club. He was co-owner of Watmough Day Camp andHoliday Acres Camp Ground; estab-lished RI High School InterscholasticInjury Fund and served as Counsel andmember of Board of Directors; organ-ized first chapter of RI Special Olym-pics, served as Counsel and member ofBoard of Directors; founding memberand 1st President of the Alpine CountryClub; long time communicant of St.Mary’s Church in Cranston; and anattorney for the former family ownedProgress Ice Cream Company, Inc.

Hon. Edward V. Healey, Jr.

Edward V. Healey, Jr., 88, of Cranston,Retired Senior Associate Justice of theRhode Island Family Court passedaway on May 21, 2011. Judge Healeywas born in Providence, the first childof the late Edward V. Sr. and MargaretMcGrath Healey. He was the husbandof the late Lillian “Dolly” E. Devlin,to whom he was married for thirty-seven years until her death in 1987.

Judge Healey was raised in theIrish-Catholic enclave of SouthProvidence where he was educatedby the Sisters of Mercy at the formerBishop Tyler Elementary School. Hewas a graduate of LaSalle Academyand Providence College. Upon hisgraduation from Providence College,he enlisted in the U.S. Army, serving


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with distinction in the U.S. Army’s88th Infantry Division, “The BlueDevils.” He was a combat veteran onthe Italian front, awarded the BronzeStar for bravery and the CombatInfantryman Badge for actively engag-ing the enemy in ground combat.Judge Healey later served in the U.S.Army Reserve and was honorablydischarged with the rank of Captain.He received his J.D. in law from theBoston University School of Law andwas admitted to the R.I. Bar in 1949.He began his legal career as an associ-ate of the Christopher DelSesto LawFirm and later was a partner of Healeyand Mondlick Law Firm. He served asCampaign Manager for ChristopherDelSesto’s 1956 run for Governor.In 1958, he helped to lead DelSesto’ssuccessful campaign for the Governor-ship. Judge Healey served as ExecutiveSecretary to the Governor, acting ashis chief of staff. In 1960, he wasappointed an Associate Justice of theRI Juvenile Court. In 1961, he wasappointed an Associate Justice of thenewly formed RI Family Court, wherehe served with distinction until hisretirement as the Senior AssociateJustice in 1988. In 1970, he was dele-gate to the White House Conferenceon Children and later served as amember of President Gerald R. Ford’sNational Advisory Committee onCriminal Justice and Juvenile Justiceand Delinquency Prevention. In 1974,he was the first Rhode Island Judgeto be elected president of the NationalCouncil of Juvenile and Family CourtJudges. He later served on the Boardof Fellows of the National Center ofJuvenile Justice, as the Chairman ofthe Board of Trustees for the NationalJuvenile Court Foundation and asa Faculty Member of the NationalCollege of Juvenile Justice. In 1982, hewas appointed by President Ronald W.Reagan as a member of the President’sNational Advisory Commission onJuvenile Justice and DelinquencyPrevention. He represented the UnitedStates at various international gather-ings serving as the Chief Delegate ofthe U.S. Delegation to the Asian-Pacific Conference on Juvenile Delin-quency in Seoul, Korea and as an


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In Memoriam (continued)

expert consultant to the Governmentof Jamaica when it formed its FamilyCourt System. He also served as theU.S. Representative to the UnitedNations Ad Hoc Meeting of Expertson Youth Crime and Justice. For near-ly twenty years, he served as the onlyAmerican Deputy-Vice President ofthe International Association of Youthand Family Magistrates and Judges.He was a member of the Board ofDirectors of Butler Hospital Corpora-tion, the Cranston Boys’ Club, the RILeague for Emotionally DisturbedChildren, the RI Association forMental Health, the Sophia LittleHome, and the RI Conference ofSocial Work. He was a Past GrandKnight of the Tyler Council-Knights ofColumbus, a member of the AmericanLegion, Veterans of Foreign Wars, theBenevolent and Protective Order ofElks of Providence, the Sons of IrishKings and the Friendly Sons of St.Patrick of Providence. He was also aBoard Member of the Bishop Russell J.McVinney Foundation for SeminarianEducation. He was a sixty-yearparishioner of St. Paul’s Church inEdgewood. He was a recipient of theExemplary Citizenship Award fromProvidence College, the HerbertHarley Award from the AmericanJudicature Society, and the MeritoriousService to Juvenile Courts of AmericaAward from the National Council ofJuvenile and Family Court Judges. In1981, he was the first recipient of theNeil J. Houston, Jr. Memorial Awardfor Outstanding Achievement in theField of Criminal Justice. In 2009, hewas the first recipient of the LifetimeAchievement Award from Justice Assis-tance which named the award in per-petuity the Judge Edward V. Healey, Jr.Lifetime Achievement Award in hishonor. Judge Healey was also the recip-ient of the Man of the Year Awardfrom the Christian Brothers Boys’Association, the Friendly Sons of St.Patrick, the RI Association ofRetarded Children, and the FraternalOrder of Eagles. In 1989, he wasinducted into the Rhode IslandHeritage Hall of Fame, and, in 2009,he was inducted into the LaSalleAcademy Hall of Fame.


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He is survived by his nine children:Nancy J. of West Warwick, Kevin F.of Warwick, Edward V. and his wife,Maureen of West Greenwich, JaniceM. of Warwick, Sean T. of Narragan-sett, Michael J. and his wife Susan ofJamestown, Christopher D. Esq. ofJamestown, Ann M. Donohue and herhusband James of Ballston Lake, NewYork and Father Bernard A., Pastor ofSt. Ambrose Church in Albion, RI.

James R. Morriss, Esq.

James R. Morriss, 94, of Warwick,passed away on May 15, 2011. He wasthe beloved husband of the late RuthBeffre Morriss. He graduated fromLaSalle Academy and Holy CrossCollege, Class of ’38. He was attendinglaw school in Washington D.C. whenWorld War II interrupted his studies.He served in the U.S. Navy with thePacific Fleet, as a Naval Officer operat-ing out of Perth, Australia. At the ageof 26, he became Executive Officer ofthe Destroyer USS Childs. When WWII ended, James returned to WashingtonD.C. and graduated from GeorgetownUniversity Law School. He spent mostof his 50 year career practicing law inProvidence as a member of the RhodeIsland Bar Association.

James was a former DemocraticCity Chairman in the City of Warwickand worked as Warwick City Solicitorunder Mayor Horace Hobbs. He issurvived by sons James Morriss, Jr.and his wife Barbara Morriss of NorthKingstown, Richard Morriss ofWarwick, and Edward Morriss ofCharleston, SC.

Please contact the Rhode Island BarAssociation if a member you knowpasses away. We ask you to accompanyyour notification with an obituarynotice for the Rhode Island BarJournal. Please send member obituariesto the attention of Frederick D.Massie, Rhode Island Bar JournalManaging Editor, 115 Cedar Street,Providence, Rhode Island 02903.Email: [email protected], facsimile:401-421-2703, telephone: 401-421-5740.


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Providence Mayor and Rhode Island

Bar Association member Angel Tavares

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MemoriamJuly 2010 – June 2011

John Richard Allen, Esq.Albert Knight Antonio, Esq.Louis B. Cappuccio, Sr., Esq.John R. Cosentino, Esq.Leonard Decof, Esq.Anthony DiPetrillo, Esq.Joseph M. Fernandez, Esq.John F. Flynn, Esq.Hon. Edward V. Healey, Jr.Samuel J. Kolodney, Esq.Albert J. Lepore, Esq.James F. McCoy, Esq.James R. Morriss, Esq.Lane W. Newquist, Esq.A. Lauriston Parks, Esq.Norman A. Peloquin, II, Esq.Paul E. Phillips, Sr., Esq.Eustace T. Pliakas, Esq.William H. Priestley, Esq.Shayle Robinson, Esq.Aram R. Schefrin, Esq.S. Harold Skolnick, Esq.Martin M. Temkin, Esq.

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SOLACE, an acronym for Support of

Lawyers, All Concern Encouraged, is a

new Rhode Island Bar Association program

allowing Bar members to reach out, in a

meaningful and compassionate way, to their

colleagues. SOLACE communications are

through voluntary participation in an email-based network

through which Bar members may ask for help, or volunteer to

assist others, with medical or other matters.

Issues addressed through SOLACE may range from a need for

information about, and assistance with, major medical problems,

to recovery from an office fire and from the need for temporary

professional space, to help for an out-of-state family member.

The program is quite simple, but the effects are significant.

Bar members notify the Bar Association when they need help,

or learn of another Bar member with a need, or if they have

something to share or donate. Requests for, or offers of, help

are screened and then directed through the

SOLACE volunteer email network where

members may then respond. On a related

note, members using SOLACE may

request, and be assured of, anonymity

for any requests for, or offers of, help.

To sign-up for SOLACE, please go to the Bar’s website at

www.ribar.com, login to the Members Only section, scroll

down the menu, click on the SOLACE Program Sign-Up, and

follow the prompts. Signing up includes your name and email

address on the Bar’s SOLACE network. As our network grows,

there will be increased opportunities to help and be helped by

your colleagues. And, the SOLACE email list also keeps you

informed of what Rhode Island Bar Association members are

doing for each other in times of need. These communications

provide a reminder that if you have a need, help is only an

email away.

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Publish andProsper in theRhode IslandBar JournalThe Rhode Island Bar Journal isone of the Bar Association’s bestmeans of sharing your knowledgeand experience with your colleagues.Every year, attorney authors offerinformation and wisdom, throughscholarly articles, commentaries,book reviews, and profiles, to over6,000 subscribers in Rhode Islandand around the United States. Inaddition to sharing valuable in-sights, authors are recognized byreaders as authorities in their fieldand, in many cases, receive Contin-uing Legal Education (CLE) creditfor their published pieces. The BarJournal’s Article Selection Criteriaappear on page 4 of every BarJournal and on the Bar’s websiteat www.ribar.com.

Aspiring authors and previouscontributors are encouraged tocontact the Rhode Island BarJournal’s Editor Frederick Massieby telephone: (401) 421-5740 oremail: [email protected].

Counting to TenReally Does WorkDeep Breaths: Slow racingthoughts and relax knottedmuscles by breathing deeplyand slowly. Put one hand onyour stomach. Breathe in deeplycounting to five, hold yourbreath for a count of five, breathout for a count of five and repeatten times. Breathe in throughyour nose and exhale throughyour mouth.

(Brought to you by the members ofthe Rhode Island Bar Association’sLawyers Helping LawyersCommittee)

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Attorney to Attorney Consultations/Referrals

Ajootian, Charles – 1031 Exchange Services 13

Amica 39

Aon Liability Insurance 14

Balsofiore & Company, Ltd. – ForensicAccounting, Litigation Support 45

Boezi, Henry – Trademark/Copyright 42

Boyer Greene LLC – Law Firm Consultants 40

Briden, James – Immigration Law 40

Coia & Lepore, Ltd. – Workers’ Comp. 13

Delaney DeMerchant & Heitke LLC 45

Delisi & Ghee, Inc. – Business Appraisal 10

Dennis, Stephen – Workers’ Compensation 34

Dumas, David – Heirs/Genealogy 13

Engustian, Christine – Green Building Lawyer 10

Favicchio, Michael – Florida Legal 38

Goodman Shapiro & Lombardi LLC –Legal Services 22

Gregory, Richard –Attorney & Counselor at Law 43

Hart – Bankruptcy 38

Kirshenbaum & Kirshenbaum 25

Lahti, Lahti & O’Neill, LLC 23

LawPay – Credit Card Processing 6

Marasco & Nesselbush – Social SecurityDisability/Medical Malpractice 42

Mathieu, Joan – Immigration Lawyer 12

McElroy Law Group – Employee Benefits Law 41

Mediation & Arbitration – Joseph Keough 12

Messier & Massad, LLC 35

Mignanelli & Associates, LTD. –Estate Litigation 32

Ocean State Weather – Consulting & Witness 12

Office Space – Providence – Marc Greenfield 41

Office Space – Providence 36

Office Space – Warwick 34

Paralegal Services – Joseph Catalano 42

PellCorp Investigative Group, LLC 11

Pfieffer, Mark – Alternate Dispute Resolution 35

Piccerelli, Gilstein & Co. – Business Valuation 8

Pond Law PC – Sherryl Pond, Esq. 37

Providence Valuation, LLD –business appraisal & forensic accounting 37

Revens, Revens & St. Pierre – Bankruptcy 44

Revens, Revens & St. Pierre –Workers’ Compensation 44

Rhode Island Foundation 4

Rhode Island Private Detectives LLC 42

R. J. Gallagher – Disability Insurance 11

Ross, Roger – Title Clearing 40

Sciarretta, Edmund –Florida Legal Assistance 36

Select Suites – Calart Tower - Cranston 40

Soss, Marc – Florida Estates/Probate/Documents 8

Souza, Maureen – Drafting/Research 35

Spanish/Portuguese Interpreter Services,Paulson 40

StrategicPoint – Investment Advisory Services 38

Washington Trust 43

Zoning Handbook – Roland F. Chase 39

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Get to Know Your Bar Association Web SiteFeatures & Benefits

www.ribar.comThe Rhode Island Bar Association web site is an

easy-to-navigate, valuable information resource and

interactive tool for Bar members and the public.

Search allows web visitors to locate information by typingin key words.

MEMBER LOGIN provides quick, secure access toMembers Only sections.

LATEST NEWS provides ever-changing news, keeping theweb site fresh, lively and up-to-date.

ABOUT THE BAR ASSOCIATION provides generalinformation about the Rhode Island Bar Association including:

Bar President’s Message; Bar Officer Profiles; Bar Staff

Contact Information; Bar Directions; Bar Hours of

Operation/Holidays; RI Courts; and more.

FOR ATTORNEYS connects our members to the Bar’smany excellent services and programs including: Attorney

Directory; Membership Benefits; Bar Committees; Lawyers

Helping Lawyers; CLE Calendar; Committee Meeting

Calendar; Governance and Bylaws; and more. Members

may also login to the Members Only area here.

CONTINUING LEGAL EDUCATION displays the CLESeminar Calendar and allows online registration; provides

access to Online CLE seminars; allows online ordering of

CLE Publications; and notes New Attorney Requirements.

NEWS AND EVENTS links to the Latest News articlesand connects to the Bar Journal.

MEMBERS ONLY AREA, accessed through the MemberLogin, provides members with a wealth of exclusive services

including Casemaker, the free-to-members, 24/7, law library

and allowing online: membership renewals; contact informa-

tion changes, CLE seminar registration; and sign-up for Bar

Committees, Lawyer Referral Service, Volunteer Lawyer

Program; and US Armed Forces Legal Services.

RHODE ISLAND BAR FOUNDATION offers informa-tion about Interest on Lawyers Trust Accounts (IOLTA) and

the Bar’s Law School Scholarship Program.

FOR THE PUBLIC connects to Bar services for the publicincluding valuable information help to find and choose a

lawyer and offering online request connections to all the

Bar’s legal public service programs and law related education

programs.

QUICK LINKS provides direct, easy access to frequentlyvisited areas.

ATTORNEY DIRECTORY provides attorney businesscontact information including email and postal addresses,

telephone numbers, and photographs when provided by

members.

RHODE ISLAND BAR JOURNAL includes: an archiveof downloadable PDFs of Bar Journals from July/August 2009

forward; an article index dating back to 1952; advertising

rates and requirements; article submission criteria; and more.