Rhode Island Bar Association 20 13 ANNUAL MEETING Bar AnnMeet_2013...Civil Motions for Default &...

Rhode Island Bar Association

2013 ANNUAL MEETINGJune 13 & 14 Rhode Island Convention Center, ProvidenceANNUAL DINNER: THURSDAY, JUNE 13 | ANNUAL LUNCHEON: FRIDAY, JUNE 14

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THE RHODE ISLAND CONVENTIONCENTER ROTUNDA by Brian McDonald

EXECUTIVE COMMITTEE

Carolyn R. Barone, Esq.

Armando E. Batastini, Esq.

David N. Bazar, Esq.

Richard P. D’Addario, Esq.

Melissa E. Darigan, Esq.

William J. Delaney, Esq.

Michael R. McElroy, Esq.

Bruce W. McIntyre, Esq.

Mark B. Morse, Esq.

J. Richard Ratcliffe, Esq.

Linda Rekas Sloan, Esq.

J. Robert Weisberger, Jr., Esq.

ANNUAL MEETING

PLANNING COMMITTEE

Mark B. Morse, Esq., Chair

Victoria M. Almeida, Esq.

Gil A. Bianchi, Jr., Esq.

Timothy J. Conlon, Esq.

Vincent A. DiMonte, Esq.

Rebecca E. Dupras, Esq.

Richard M. Fil, Esq.

Kevin J. Gallagher, Esq.

Maureen G. Glynn, Esq.

Humberta M. Goncalves-Babbitt, Esq.

Miriam H. Gordon, Esq.

Patrick A. Guida, Esq.

Joseph M. Hall, Esq.

Jane F. Howlett, Esq.

Marcia McGair Ippolito, Esq.

Lise M. Iwon, Esq.

Lynda L. Laing, Esq.

Donna M. Lamontagne, Esq.

Brooks R. Magratten, Esq.

Heather A. Pierce, Esq.

Benjamin A. Pushner, Esq.

Patrick J. Smock, II, Esq.

Andrew C. Spacone, Esq.

Jonathan L. Stanzler, Esq.

Elliot Taubman, Esq.

Dean J. Wagner, Esq.

J. Robert Weisberger, Jr., Esq.

EXECUTIVE DIRECTOR

Helen Desmond McDonald

COMMUNICATIONS DIRECTOR

Frederick D. Massie

CONTINUING LEGAL EDUCATION

DIRECTOR

Nancy J. Healey

FINANCE DIRECTOR

Karen L. Thompson

PUBLIC SERVICES DIRECTOR

Susan A. Fontaine

Michael R. McElroy, Esq.President

J. Robert Weisberger, Jr., Esq.President-Elect

Bruce W. McIntyre, Esq.Treasurer

Melissa E. Darigan, Esq.Secretary

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RHODE 2013 ANNUAL MEET INGISLANDBAR ASSOCIATION Dear Colleagues,

I look forward to seeing you at the Bar Association’s 2013 Annual Meeting on Thursdayand Friday, June 13th and 14th, at the Rhode Island Convention Center. This year’shard-working Annual Meeting Committee, ably chaired by Mark B. Morse, produced a diverse and enriching program for us. Supporting this effort, many Bar members andthe Bar staff worked with Mark’s committee to ensure a seamless presentation of work-shops and social events. As a result, our Annual Meeting provides attendees with anoutstanding opportunity to learn, improve our practice, socialize with our colleagues,and fulfill our annual CLE requirements.

We have a wide range of seminars scheduled over the two days of the Annual Meeting,providing guidance in family, probate, criminal, trial and commercial law, a variety ofethics-related topics, the always popular State and Federal Court updates and more.These seminars are enhanced by the participation of many distinguished and accom-plished presenters including many of our colleagues.

This year, our Keynote Speaker is the nationally-known speaker, author, legal editor and commentator, broadcast host, esteemed law professor and scholar, Arthur R. Millerwho is addressing the implications of the United States Supreme Court decisions, BellAtlantic v. Twombly and Ashcroft v. Iqbal, and their relation to clients’ access to thecourts.

On Thursday night, the festivities begin with a lively reception, followed by dinner, our Annual Bar Awards (please see page 15 for a complete listing and description of this year’s awards) for outstanding achievements and an address by our incoming BarAssociation President, J. Robert Weisberger, Jr. During our Annual Awards Luncheon onFriday, we are honoring our colleagues for their exceptional community service andcontributions to our Bar Journal. Additionally, we will have the pleasure of traditionalremarks by Supreme Court Chief Justice Paul A. Suttell on the State of the RhodeIsland Judiciary.

The 2013 Annual Meeting Committee’s attention to our diverse membership’s interestsand needs resulted in an excellent program, and I urge you to take advantage of theAnnual Meeting’s early registration fee savings by completing and sending in your registration form before June 7th.

Please note that this year, all seminar materials are on a USB flash drive. The cost forthis is included in your registration. While printed seminar materials are available, theymust be pre-ordered, and there is an added charge of $30.

I thank you in advance for the honor and pleasure of serving you throughout the pastyear, and I look forward to seeing you on June 13th and 14th.

Michael R. McElroy, Esq.President, Rhode Island Bar Association

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 – 9:20am

Welcome by Michael R. McElroy, Esq., Bar PresidentConvention Center, Ballroom A, 5th Floor

9:20 – 10:20am

Keynote Address – Professor Arthur R. Miller, Esq.

.5 credit + .5 ethics

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10:20 –10:45am Morning Break

10:45am –12:00pm

Making Your Casewith a BetterMemory

1.5 credits

2

Under-standingFranchise

Relationships*

1.5 credits

3

DigitalForensics

forLitigators*

1.5 credits

4

RefusalCases:Beyond

the Basics*2

1.5 credits

5

Remedies forWrongful

Terminations*

1.0 credit + .5 ethics

6

Civil Motionsfor Default & DefaultJudgments*

1.5 credits

7

Tax &CorporateLaw:

BusinessBuying &Selling*

1.5 credits

8

12:00 –1:30pm

Members Luncheon – Convention Center, Rotunda, 5th floor

12:00 –1:30pm

Rhode Island Bar Foundation Annual Meeting – Convention Center, 1st floor

1:30 –2:45pm

Making Your Casewith a BetterMemory(repeat)

1.5 credits

9

Update onEnergy Law

1.5 credits

10

Veterans’Court 101*

1.5 credits

11

In-CameraTestimony in ChildCustodyCases*

1.5 credits

12

AdvisingTrustees in Special

Needs Trusts*


13

Amendmentsto MedicalAffidavitsStatute*1.5 credits

14

FederalCourt

Mediation

1.5 credits

15

2:45 –3:15pm

Afternoon Break

3:15 –4:30pm

Social Media & FamilyLaw*

1.0 credit+

.5 ethics

16

RecentDevelopments:

RIEnvironmental

Law1.5 credits

17

Ten Thingsto Know

about LegalMalpractice1.5 ethics

18

Non-TraditionalFamilyWealth

Management*1.0 credit + .5 ethics

19

New Claims & Remedies:Wage & HourViolations*1.0 credit + .5 ethics

20

MedicareSecondaryPayer

Compliance*

1.5 credits

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DoingBusinessOutside the USA


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4:45pm Reception – Convention Center, 1st floor

6:00pm Annual Dinner – Convention Center, 1st floor

7:45amRoger Williams University School of Law Alumni Association Breakfast

Convention Center /Street Level /West Lobby

SCHEDULE AT A GLANCE THURSDAY JUNE 13 , 2013

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8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 –9:00am

President’s Welcome by Michael R. McElroy Esq.Convention Center, Ballroom A, 5th Floor

9:00 –10:15am

Civil Case Law Update*

1.5 credits

23

RepresentingClients

before theParoleBoard*

1.0 credit +.5 ethics

24

PracticalTips:

DraftingGood

Contracts

1.5 credits

25

DecodingMilitary Payin FamilyCourt*


26

MaritimeLaw Primer*

1.5 credits

27

SettlementAgreements:Crossing theFinish Line*

1.5 ethics

28

Law PracticeManagementTechnology


29

10:15 –10:45am

Morning Break

10:45am –12:00pm

CriminalCase LawUpdate*

1.5 credits

30

Future ofLegal

Education &Law Schools


31

Animal LawUpdate

1.5 credits

32

DomesticViolence:

Restraining/No ContactOrders*

1.5 credits

33

OpportunityTweets:

Social Mediain theCourts

.5 credit +1.0 ethics

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BestPractices inBankruptcyCourt*

1.5 credits

35

DifficultPrivilegeIssues inCivil

Discovery*


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12:00 –1:30pm

Awards Luncheon – Convention Center, 1st Floor

1:30 –2:30pm

Dos & Don’ts ofAppellatePractice*

1.0 credit

37

Advising theGovernment

1.0 credit

38

File Sharing & Cloud

Computing

1.0 ethics

39

Division ofElderly AffairsHelp for Older

Clients*

1.0 credit

40

IncorporatingPhilanthropy in EstatePlans*

1.0 credit

41

AssistanceAnimals

1.0 credit

42

2:30 –2:45pm

Afternoon Break

* Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment should be relevant to panels.

FR IDAY JUNE 14 , 2013 SCHEDULE AT A GLANCE

2:45 –4:00pm

Effective & EthicalUse of Email

1.5 ethics

43

Appearing beforea Public Body

1.5 credits

44

International Child CustodyEnforcement*


45

Foreclosure &Evictions: Traps for

the Unwary*

1.5 credits

46

Patient Safety & Quality

Improvement Act Litigation

1.5 credits

47

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NEW SEMINAR MATERIALS FORMAT & ALTERNATIVE This year, all seminar materials are on a USB flash drive, the cost is included in your registration. Printed seminar materials are available for an added charge of $30 and must bepre-ordered. Please check the appropriate box on the registration form and pay the fee to order your copy. At-the-doorregistrants receive a USB flash drive only.

SCHEDULE THURSDAY JUNE 13 , 2013

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7:45am Roger Williams University School of Law Alumni Association BreakfastConvention Center/Street Level/West Lobby

8:00am Registration Begins and Exhibits Open –Convention Center, Ballroom Foyer, 5th Floor

8:45 – 9:20am Welcome Michael R. McElroy, Esq., President, Ballroom A, 5th Floor

In Memoriam: Melissa E. Darigan, Esq., Secretary

Nominating Committee Report: Victoria M. Almeida, Esq., Chair

Treasurer’s Report: Bruce W. McIntyre, Esq., Treasurer

9:20 – 10:20am KEYNOTE ADDRESS

.5 CREDIT + .5 ETHICS Client Access to Federal Courts

The United States Supreme Court decisions on Bell Atlantic v. Twombly, 550 US544 (2007), and Ashcroft v. Iqbal, 556 US 662 (2009) have had far reaching impli-cations through the requirement that a complaint meet the test of Plausibility orotherwise be subject to dismissal on the pleadings. Many lawyers deem the decisionsunfairly restrict their clients’ access to the courts. Professor Arthur Miller discussesthese cases and speaks to the ethical and legal consequences of these decisions.

ARTHUR R. MILLER CBE, LL.B., University Professor at NYU School of Law,Chairman of NYU Sports & Society Program, formerly Bruce Bromley Professor ofLaw at Harvard Law School; faculty Universities of Minnesota and Michigan andpracticed law in New York City. Undergraduate Degree, University of Rochester; J.D.,Harvard Law School; Host, “Miller’s Court”; Former Legal Commentator, Boston’sWCVB-TV; Legal Editor, ABC’s “Good Morning America” and Host, “Miller Law” on Court TV. He is the author or co-author of numerous works on civil procedure,notably the Wright & Miller treatise, Federal Practice & Procedure; he has also written on copyright and on privacy issues. Professor Miller carries on an active lawpractice, particularly in the federal appellate courts. His public interest activitiesinclude as a member and reporter for the Advisory Committee on Civil Rules of theJudicial Conference of the United States, as Reporter for the American Law Institute’sProject on Complex Litigation, and a Commissioner on the United States Commissionon New Technological Uses of Copyrighted Works. Last year he was honored as aCommander to the Order of the British Empire by Queen Elizabeth II.

10:20 – 10:45am Morning BreakEnjoy a range of refreshments, conversation and exhibitor products and services.

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Arthur R. Miller CBE, LL.B.

Paul Mellor


10:45am – 12:00pm Concurrent Workshops (choose one from #2-8)

Please Note: Courses marked with an asterisk (*) are approved for re-certificationto court appointment panels. Courses taken for court appointment must be relevantto the panels.

10:45am – 12:00pm Making Your Case with a Better Memory (repeats at 1:30 – 2:45 – #9)

1.5 CREDITS Speaker: Paul Mellor, Success Links

LEVEL – ALL Would you like to have more time, less stress, better concentration, and no troubleremembering names and faces? If so, join nationally recognized memory trainingconsultant, and Rhode Island native, Paul Mellor for a fun session to jumpstartyour memory and learn how applying these skills can improve your everyday prac-tice. You’ll learn how a trained memory increases your efficiency and productivityin all aspects of law. You’ll shred the myth that memory can’t be enhanced, and laya foundation for total recall. You’ll learn how to think quickly and clearly withoutfumbling for notes, how to remember names and faces, and gain techniques forgetting through the day, a trial, or meeting without the fear of forgetting.

PAUL MELLOR, is President of Success Links, a memory training company dedicatedto helping people by improving their memory power. A finalist in the 2008 USAMemory Championship, Mellor remembered the names of over 90 people in lessthan 15 minutes, recalled in correct order over 100 single-digit numbers after a fiveminute study, and recalled the exact order of a shuffled deck of playing cards afterless than a three and a half minute review. His popular seminars have been presentedto attorneys throughout the United States through numerous law firms and manystate and specialty bar associations. He is the author of MEMORY! How to RememberAnything and You’re Almost There.

10:45am – 12:00pm Understanding the Franchising Relationship*

1.5 CREDITS Speakers: Carl B. Lisa, Esq., Lisa & Sousa Ltd., General Counsel,

LEVEL – BEGINNERDunkin’ Donuts Independent Franchise Organization

Robert K. Sawyer, Jr., Esq., Senior Vice-President, GeneralCounsel, Friendly’s Ice Cream, LLC

If you have a client who would like to franchise a business or wants to purchase afranchised business, how do you advise them? The workshop provides an overviewof the relationship between franchisor and franchisee. Experienced counsel for fran-chisors and franchisees review and discuss the legislative structure, contractual rela-tionship, areas of cooperation, conflict and the unique nature of the relationship.

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10:45am – 12:00pm Digital Forensics for Civil and Criminal Litigators*

1.5 CREDITS Moderator: Christopher S. Gontarz, Esq., Updegrove & Gontarz, Ltd.

LEVEL – ALL Speakers: Jason P. Knight, Esq., Law Office of Jason P. Knight

Larry Daniel, DCFP, EnCE, BCE, ACE, Guardian Digital Forensics

Lars Daniel, EnCE, ACE, Guardian Digital Forensics

Electronic evidence and discovery are now a part of law practice. The panelistspresent a guide to digital technology forensics for attorneys in both civil and crimi-nal law practice including an overview of the current state of digital forensics fromthe warrant to the courtroom.

10:45am – 12:00pm Refusal Cases: Beyond the Basics*

1.5 CREDITS Speakers: Robert H. Humphrey, Esq., Law Offices of Robert Humphrey

LEVEL – ALL Amy K. Dodge, Esq., Department of the RI Attorney General

The speakers review the four key elements the State must prove to sustain a refusalcharge. The discussion moves beyond the basic elements of a refusal case to analyzepast and recent decisions that prosecutors and defense attorneys should be aware offor the successful prosecution and defense of refusal cases.

10:45am – 12:00pm Remedies for Wrongful Termination in an Employment At-Will State*

1.0 CREDIT + .5 ETHICS Moderator: Richard A. Sinapi, Esq., Sinapi Law Associates, Ltd.

LEVELS – BEGINNER, Speakers: Stacie B. Collier Esq., Nixon PeabodyINTERMEDIATE Robert E. Savage, Esq., Savage & Savage

Michael D. Chittick, Esq., Adler Pollock & Sheehan, P.C.

An overview of the numerous remedies available to an aggrieved employee forwrongful termination, including claims for discrimination and harassment, leave act violations, violation of privacy rights and protections, and retaliation whistle-blowing. The speakers discuss considerations relevant to evaluating, prosecuting,defending and resolving such claims and the ethical considerations to considerwhen accepting a case.

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10:45am – 12:00pm What all Practitioners Should Know About Civil Motions for Default

1.5 CREDITSand Default Judgments*

LEVELS – BEGINNER,Speakers: Hon. Allen P. Rubine, Associate Justice, RI Superior Court

INTERMEDIATE Michelle M. Hawes, Esq., Zizik, Powers, O’Connell, Spaulding& Lamontagne, P.C.

Jessica L. Papazian-Ross, Esq.,Visconti, Boren & Campbell, Ltd.

The panelists cover all aspects of this important component of the civil litigationprocess including: applying to a clerk for default for failure to answer; obtainingdefault from the court; differences between default and default judgment; enteringjudgment by default; sum certain matters by the clerk; establishing amount of judg-ment by proof of claim hearing; notice necessary for hearing; motions to removedefault; and motions to remove judgment by default.

10:45am – 12:00pm Tax and Corporate Law Considerations When Buying and Selling

1.5 CREDITSa Business*

LEVEL – INTERMEDIATESpeakers: David C. Morganelli, Esq., CPA, Partridge Snow & Hahn LLP

Ryan W. Sawyer, Esq., Partridge Snow & Hahn LLP

This seminar focuses on tax efficient strategies for buying and selling a business orsplitting up a business, including aspects of stock and asset sales, tax-free mergers,tax-free split-offs and spin-offs, and insurance considerations for cross purchaseagreements for the survivor. The corporate aspects include the sale of goodwill, thecase for personal goodwill, and select issues with sale of intellectual property andcovenants not to compete.

12:00 – 1:30pm Rhode Island Bar Association Members’ LuncheonConvention Center, Rotunda

Enjoy a relaxed lunch with your colleagues, then take a leisurely stroll through theexhibits and recharge your batteries. Remember, our Cocktail Reception immediatelyfollows the last seminar at 4:30 p.m., and our Annual Dinner begins at 6:00 p.m.

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Michael A. St. Pierre, Esq.President

12:00 – 1:30pm Rhode Island Bar Foundation Annual Meeting – Convention Center, 1st Floor

Fellows and invited guests receive a separate invitation for this event.

The Rhode Island Bar Foundation Annual Meeting is held in conjunction with theRhode Island Bar Association Annual Meeting. President Michael A. St. Pierre and theBoard of Directors are pleased to welcome and thank the Foundation Fellows who,through their professional, public and private careers have demonstrated outstandingdedication to the welfare of the community and to the objectives of the Foundation.During the luncheon we recognize the recipient organizations of Interest on LawyersTrust Account (IOLTA) grants. Over $350,000 was granted this calendar year for theprovision of legal services and the administration of justice in Rhode Island. Recipientsof the Thomas F. Black, Jr., Memorial Law School Scholarship are introduced.

1:30 – 2:45pm Concurrent Workshops (choose one from #9-15)


1:30 – 2:45pm Making Your Case with a Better Memory (also offered at 10:45 – 12:00 – #2)

1.5 CREDITS Speaker: Paul Mellor, Success Links

LEVEL – ALL Would you like to have more time, less stress, better concentration, and no troubleremembering names and faces? If so, join nationally recognized memory trainingconsultant, and Rhode Island native, Paul Mellor for a fun session to jumpstartyour memory and learn how applying these skills can improve your everyday prac-tice. You’ll learn how a trained memory increases your efficiency and productivityin all aspects of law. You’ll shred the myth that memory can’t be enhanced, and laya foundation for total recall. You’ll learn how to think quickly and clearly withoutfumbling for notes, how to remember names and faces, and gain techniques forgetting through the day, a trial, or meeting without the fear of forgetting.

1:30 – 2:45pm Update on Energy Law: New Tax, Regulatory and Environmental Concerns

1.5 CREDITS Moderator: Elliott Taubman, Esq., Taubman Law Offices, Ltd.

LEVEL – ALL Speakers: S. Paul Ryan, Esq., Barrington

Ira B. Lukens, Esq., Massachusetts Gas Utility Counsel

This program provides up to date information on 2012-2013 changes in laws andregulations affecting the state and nation. The panelists address the results of the2012 reorganization of the Office of Energy Resources and its impact on renewableenergy, the effect of 2013 tax law changes, and natural gas pricing.

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1:30 – 2:45pm Veterans’ Court 101*

1.5 CREDITS Moderator: Hon. Jeanne E. LaFazia, Chief Judge, RI District Court

LEVEL – ALL Speakers: Hon. Pamela Woodcock Pfeiffer, Associate Judge, RI District Court

Thomas H. O’Brien, Esq., Assistant Attorney General, RI Department of the Attorney General

M. Christine O’Connell, Esq., Office of the RI Public Defender

Carol Giordano, LICSW, Director, Pretrial Services, RI District Court

Richard Flynn, Veterans’ Justice Outreach Specialist, Veterans Administration

John J. McMahon, Esq., Senior Service Representative,Department of Veterans’ Affairs

This workshop reviews the history and goals of the Veterans’ Court, includingstrategic planning, the mechanics of the program, eligibility criteria, overview of the treatment modalities and potential dispositions. The discussion focuses onchallenges inherent in the program, as well as the pathway to successful completionof the program.

1:30 – 2:45pm In-Camera Testimony of Children in Child Custody Cases*

1.5 CREDITS Speakers: Hon. Laureen D’Ambra, Associate Justice, RI Family Court

LEVELS – INTERMEDIATE, Nicholas L. Colangelo, Esq., Law Offices of Nicholas L.ADVANCED Colangelo, Esq.

James F. Queenan, Esq., Office of the RI Public Defender

Karen A. Oliveira, Esq., Law Offices of Karen A. Oliveria, Esq.

The panelists discuss the use of in-camera testimony in Family Court proceedingsinvolving parental visitation, parenting time, child custody and/or placement aswell as relocation matters and the RI DCYF.

1:30 – 2:45pm Advising Trustees About Distributions from Special Needs Trusts*

1.0 CREDIT + .5 ETHICS Moderator: Lise M. Iwon, Esq., Laurence & Iwon

LEVEL – INTERMEDIATE Speakers: Nancy Chudacoff, Esq., Hardy Tabor & Chudacoff

Jacqueline G. Kelley, Esq., Legal Services Administrator, RI Health and Human Services

Panelists review state and federal laws and regulations relating to the distributionof funds held in Special Needs Trusts. The seminar includes a discussion of firstparty and third party funded trusts, allowed distributions and ethical issues to consider when making distributions.

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1:30 – 2:45pm Recently Enacted Amendments to the Medical Affidavits Statute*

1.5 CREDITS Speakers: Hon. Patricia A. Hurst, RI Superior Court Associate Justice

LEVEL – ALL Donna M. Lamontagne, Esq., Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C.

Mark B. Morse, Esq., Law Office of Mark B. Morse

The presentation of medical evidence in Rhode Island through affidavits was firstintroduced through legislation in 1962. Over the fifty years that the statute, R.I.Gen. Laws § 9-19-27, has been on the books, the use of medical affidavits has vexedmany practitioners, at times leading to costly or ineffective results. The speakersdiscuss the 2012 amendments to the statute, designed to ease and broaden theadmissibility of medical evidence introduced by affidavit, and cover strategies andpitfalls.

1:30 – 2:45pm Federal Court Mediation: What’s Not to Like About Cost, Confidentiality

1.5 CREDITSand Control?

LEVEL – INTERMEDIATE Moderator: Gordon P. Cleary, Esq., Vetter & White

Speakers: Hon. Lincoln D. Almond, Magistrate Judge, US District CourtDistrict of RI

Hon. Patricia A. Sullivan, Magistrate Judge, US District Court District of RI

Berry B. Mitchell, ADR Administrator/Arbitrator-Mediator, US District Court, District of RI

Bruce I. Kogan, Esq., Professor and Mediation Clinic Director, RWU School of Law

William A. Poore, Esq., Poore & Rosenbaum

Mediation has developed into a favored alternative to expensive and uncertain civiltrials as a means to resolve disputes. Focusing on both Court-annexed and privatemediation, the panel explores the mediation process, the role of the mediator andthe parties, and mediation strategies and tips that can yield a satisfactory result,and a satisfied client.

2:45 – 3:15pm Afternoon BreakPlease stop by and learn how our exhibitors’ products and services may help yourpractice.

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3:15 – 4:30pm Social Media and Family Law*

1.0 CREDITS + .5 ETHICS Speakers: Brenda F. Rioles, Esq., Providence

LEVEL – ALL Timothy J. Conlon, Esq., TJC Esq.

Divorce, child custody and DCYF cases now commonly involve evidence fromFacebook and other social media. The speakers discuss how to obtain, preserve andintroduce this evidence, and how to advise clients regarding the preservation ofthese materials.

3:15 – 4:30pm Recent Developments in Rhode Island Environmental Law

1.5 CREDITS Moderator: Jennifer R. Cervenka, Esq., Partridge Snow & Hahn LLP

LEVEL – INTERMEDIATE Speakers: Christopher A. D’Ovidio, Esq., Merolla & Accetturo

Marisa A. Desautel, Esq., RI Department of Environmental Management

Brian A. Goldman, Esq., RI Coastal Resources Management Council

This workshop provides environmental practitioners, real estate attorneys, and others involved in land use and environmental regulation with an update on RhodeIsland case law developments, regulatory charges and new statutory law in the environmental area.

3:15 – 4:30pm Ten Things All Practitioners Should Know About Legal Malpractice:

1.5 ETHICSPerspectives from Malpractice Litigators

LEVEL – ALLSpeakers: Kara Thorvaldsen, Esq., Wilson, Elser, Moskowitz, Edelman &

Dicker, LLP, Boston, MA

Joseph F. Leighton, Jr., Esq., Wilson, Elser, Moskowitz,Edelman & Dicker, LLP, Boston, MA

Teresa Milano, Esq., Senior Claims Attorney, North AmericaRisk Services, Boston, MA

The panelists examine common situations leading to malpractice claims. The semi-nar features advice from seasoned malpractice litigators on strategies for avoidingsuch claims, including profiling problem clients, defining scope of proposed engage-ment, maintaining constant communication, and using the Rules of ProfessionalConduct as a guide.

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3:15 – 4:30pm Wealth Management for Non-Traditional Families*

1.0 CREDIT + .5 ETHICS Moderator: Barbara Margolis, Esq., Office of the Disciplinary Counsel,

LEVEL – INTERMEDIATERI Supreme Court

Speakers: Peri Aptaker, Esq., CPA/PFS, CFP, CBA, Kahn Litwin Renza and Co.

Renee A. R. Evangelista, Esq., Edwards Wildman Palmer LLP

Focuses on ways to preserve wealth for non-traditional families including singleparents, unmarried couples, grandparents caring for children, married gay and lesbian couples and those joined pursuant to the RI civil union law. The panelistsdiscuss estate planning including trusts and other methods. This seminar also pro-vides tips and outlines on how to protect the wealth of non-traditional families as a result of the pending US Supreme Court case on DOMA and the increasing recog-nition of marriage between same gender couples throughout the country.

3:15 – 4:30pm New Claims and Remedies for State Wage and Hour Violations*

1.0 CREDIT + .5 ETHICS Speakers: Richard A. Sinapi, Esq., Sinapi Law Associates, Ltd.

LEVEL – INTERMEDIATE Charles S. Kirwan, Esq., Charles S. Kirwan & Associates

Sonja L. Deyoe, Esq., Charles S. Kirwan & Associates

Valentino D. Lombardi, Esq., Legal Counsel, RI Department of Labor & Training

The speakers review recent changes to state wage and hour law which created anew private right of action including enhanced penalties for wage and hour viola-tions and counsel fees. The changes provide a remedy for misclassification of anemployee as an independent contractor which provides substantial penalties andallows pursuit, administratively or civilly, through a private right of action. Amongthe presenters are: a lawyer involved in crafting the changes; a counsel who prose-cutes and defends these claims; and an attorney from the Department of Labor andTraining involved in the administrative enforcement of state wage and hour law.Related ethical considerations are also discussed.

3:15 – 4:30pm Fundamentals of Medicare Secondary Payer Compliance*

1.5 CREDITS Speakers: Julie A. Dascoli, Esq., Edwards Wildman Palmer, LLP

LEVEL – INTERMEDIATE Kevin J. Gallagher, Esq., Edwards Wildman Palmer, LLP

An overview of the statutory requirements of the Medicare Secondary Payer Actoffering practical steps for all parties during settlement negotiations to minimizeclients’ and attorneys’ risks to post-settlement exposure to Medicare. The speakersprovide an up-to-date synopsis of the relevant case law, including a discussion ofthe current status of the law regarding Liability Medicare Set-Asides (LMSAs) inpersonal injury cases.

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3:15 – 4:30pm Practical Tips for Clients and Their Lawyers Doing Business Outside

1.0 CREDIT + .5 ETHICSthe United States

LEVEL – ALLSpeaker: Andrew C. Spacone, Esq., Adler, Pollock & Sheehan, P.C.

The workshop focuses on practical solutions to avoid potential pitfalls when doingbusiness outside the U.S. based on the participant’s experience dealing with interna-tional legal and business issues as former Deputy General Counsel & AssistantSecretary at Textron Inc. Topics include: 1) Practical Suggestions for EffectiveInternational Arbitration Agreements; 2) Practical Suggestions when NegotiatingContacts in China or Anywhere Outside the U.S.; 3) Practical Tips When Dealingwith International Disputes; and 4) Attorney/Client Privilege Outside the U.S. withemphasis on the European Union.

4:45pm Reception (Sponsored by Our Exhibitors) – Convention Center, 1st Floor

6:00pm Annual Dinner and Recognition of Officers – Convention Center, 1st Floor

2013 Pro Bono Publico Award Presented to an attorney whose outstandingefforts provide equal access to justice for the poor through the Bar’s VolunteerLawyer Program.

Kristy J. Garside, Esq.

Dorothy Lohmann Community Service Awards

Dorothy Lohmann Community Service Awards recognize members for their volun-teer work benefiting non-profit organizations. The award is named in memory ofRhode Island attorney Dorothy Lohmann who devoted her entire professional lifeto helping the poor.

V. Duncan Johnson, Esq.

Joseph T. Houlihan Lifetime Mentor Award Named in honor of Joseph T.Houlihan, this award recognizes individuals who consistently demonstrate an extra -ordinary commitment to serve as role models to other lawyers; have significantly contributed to the profession and/or the community; with their excellent counsel have excelled as mentors and contributed to the ideals of ethics, civility, professional-ism and legal skills.

Carol Bourcier Fargnoli, Esq.

Chief Justice Joseph R. Weisberger Judicial Excellence Award Named inhonor of its first recipient, Chief Justice (ret.) Joseph R. Weisberger, this award ispresented to a judge of the Rhode Island State Courts or Federal District Courtbench for exemplifying and encouraging the highest level of competence, integrity,judicial temperament, ethical conduct and professionalism.

Hon. Bruce M. Selya

J. Robert Weisberger, Esq. Accepts the President’s Gavel

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SCHEDULE FR IDAY JUNE 14 , 2013

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer,5th Floor

8:45 – 9:00am President’s Welcome by Michael R. McElroy, Esq. – Ballroom A, 5th Floor

9:00 – 10:15am Concurrent Workshops (choose one from #23-29)


9:00 – 10:15am Civil Case Law Update*

1.5 CREDITS Moderator: Hon. Francis X. Flaherty, Associate Justice, RI Supreme Court

LEVEL – ALL Speakers: Hon. Francis J. Darigan, Jr., Associate Justice,RI Superior Court (ret.)

Hon. Netti C. Vogel, Associate Justice, RI Superior Court

Hon. Judith Colenback Savage, Associate Justice, RI Superior Court

Lauren E. Jones, Esq., Jones Associates

Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson

Jared A. Goldstein, Esq., Professor, RWU School of Law

The distinguished panelists provide an informative and insightful overview of recentnoteworthy civil case-related decisions issued by the United States Supreme Courtand the Rhode Island Supreme Court.

9:00 – 10:15am Representing Clients Before the Rhode Island Parole Board:

1.0 CREDIT + .5 ETHICSWhat Every Attorney Needs to Know*

LEVELS – BEGINNERSpeakers: Christopher S. Gontarz, Esq., Updegrove & Gontarz, Ltd.

Victoria M. Almeida, Esq., Vice Chair, RI Parole Board

Frederic G. Reamer, Ph.D., Member, RI Parole Board

A practical introduction to the practice and procedures of the RI Parole Board, the speakers discuss criteria utilized in evaluating inmates for parole and the issuestaken into consideration by the Board including inmate behavior, potential employ-ers and victim impact. Panelists also address the ethical issues arising when repre-senting clients in light of the victim impact statement.

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9:00 – 10:15am Practical Tips for Drafting Good Commercial Contracts

1.5 CREDITS Speakers: Andrew C. Spacone, Esq., Adler Pollock & Sheehan, P.C.

LEVEL – INTERMEDIATE The speaker explores major mistakes lawyers (and their clients) make when draftingcommercial contracts. Lessons learned include the pre-drafting stage, negotiationsand dispute avoidance through, inter alia, the use of contract administrators forcomplex contracts. The session provides practical tips and techniques based on thepresenter’s experience drafting contracts and dealing with contract disputes as in-housecounsel for Textron, Inc. and in private practice.

9:00 – 10:15am Decoding Military Pay in Family Court*

1.0 CREDIT + .5 ETHICS Moderator: Vincent A. DiMonte, Esq., Johnston

LEVELS – INTERMEDIATE, Speakers: Cpt. Matthew S. Reid, Attorney Advisor, Staff Judge Advocate,ADVANCED RI National Guard

Francis J. Flanagan, Esq., Commander (ret.), US Navy

The speakers review current Rhode Island Supreme Court cases on what is consid-ered income in Family Court cases and provide detailed information on whatincome is available for child support obligors in Family Court who are active orretired military personnel. The speakers provide guidance on where to look andhow to find information based on a person’s rank and other available data.

9:00 – 10:15am A Maritime Law Primer for Ocean State Civil Litigation Practitioners*

1.5 CREDITS Moderator: Benjamin A. Pushner, Esq., Rob Levine & Associates

LEVEL – ALL Speakers: Robert E. Collins, Esq., Clinton & Muzyka, P.C., Boston, MA

Matthew Viveiros, Esq., Hunt & Viveiros, LLC, New Bedford, MA

The panelists discuss the unique legal issues arising in common occurrences in andaround water, such as accidents occurring on boats and at marinas. The seminarhighlights areas of interest to both plaintiff and defense attorneys.

9:00 – 10:15am Crossing the Finish Line: Ensuring the Settlement Agreement Does Not

1.5 ETHICSCreate Another Lawsuit*

LEVEL – ALLSpeakers: Michael E. Civittolo, Esq., Lawrence & Associates

David A. Grossbaum, Esq., Hinshaw & Culbertson LLP

Panelists address the following questions: 1) How far can, and should, a defendant’scounsel go in getting confidentiality as part of the settlement, and what is, andshould be, the plaintiff’s counsel’s response? 2) Can a defendant place limitationson a plaintiff’s lawyer to bring similar future cases against the same defendant, particularly in potential class action cases? 3) What are your obligations under theMedicare Secondary Payer statute when settling claims, including settlement agree-ment provisions protecting against legal malpractice exposure and a loss of clientbenefits? 4) Can a defendant get a future or unknown claims release?

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9:00 – 10:15am Law Practice Management Technology: Secrets of Success

1.0 CREDIT + .5 ETHICS Speakers: Rachelle R. Green, Esq., Duffy & Sweeney, Ltd.

LEVELS – INTERMEDIATE, Thomas Busch, The Profit Point Group, Inc.ADVANCED Joel J. Votolato, Esq., McCorry and Gannon, P.C.

There is a wide variety of new technology available to lawyers, with new productscoming onto the market rapidly. This seminar provides an overview of how lawyersat small to mid-sized firms can leverage law practice management technology andprovide better and more efficient service to their clients. Practitioners and a techexpert share their experiences in managing firms with and without this technology.Law practice management solutions currently available and the benefits, ethicalissues and potential pitfalls in using this technology are discussed.

10:15 – 10:45am Morning BreakEnjoy a range of refreshments, conversation, and exhibitor products and services.

10:45am – 12:00pm Concurrent Workshops (choose one from #30-36)


10:45am – 12:00pm Criminal Case Law Update*

1.5 CREDITS Moderator: Hon. Francis X. Flaherty, Associate Justice, RI Supreme Court

LEVEL – ALL Speakers: Hon. Francis J. Darigan, Jr., Associate Justice,RI Superior Court (ret.)

Hon. Netti C. Vogel, Associate Justice, RI Superior Court

Hon. Judith Colenback Savage, Associate Justice, RI Superior Court

Lauren E. Jones, Esq., Jones Associates

Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson

Jared A. Goldstein, Esq., Professor, RWU School of Law

The distinguished panelists provide an informative and insightful overview of recentnoteworthy criminal case-related decisions issued by the United States SupremeCourt and the Rhode Island Supreme Court.

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10:45am – 12:00pm Future of Legal Education: The Debate over Curriculum Reform /Quality

1.0 CREDIT + .5 ETHICSand Ethical Representation by Newly-Admitted Practitioners

LEVEL – INTERMEDIATEModerator: Thomas W. Lyons, III, Esq., Strauss Factor Laing & Lyons

Speakers: Deming E. Sherman, Esq., Edwards Wildman Palmer, LLP

David A. Logan, Esq., Dean, RWU Law School

Tanya Monstier, Esq., Associate Professor, RWU Law School

Charu A. Verma, Esq., Committee for Public Services, MA

A panel discussion by legal practitioners and academics considering the question ofhow law schools can help strengthen the skill set currently possessed by new practi-tioners to increase the quality and ethics of their legal representation of clients asnewly-admitted practitioners. Although the emphasis is on strengthening of practi-cal skills, the panelists also address the idea that students with practice experienceare more apt to be of greater value in a competitive job market.

10:45am – 12:00pm Animal Law Update: Recent Case Law & Legislative Developments

1.5 CREDITS Speakers: Sara E. Sweeney, Esq., Cranston

LEVEL – ALL Elizabeth R. Merritt Taylor, Esq., Duane, Barton & Gilman, LLP

Katy A. Hynes, Esq., Adler Pollock & Sheehan, PC

This workshop provides the audience with a baseline of existing general animallaws, as well as recent developments in Rhode Island and nationally.

10:45am – 12:00pm Domestic Violence Restraining and No Contact Orders*

1.5 CREDITS Moderator: Barbara L. Margolis, Esq., Office of the Disciplinary Counsel,

LEVEL – INTERMEDIATERI Supreme Court

Speakers: Hon. Susan E. McGuirl, Associate Justice, RI Superior Court

Hon. Jeanne L. Shepard, Magistrate, RI Family Court

Hon. Elaine T. Bucci, Associate Judge, RI District Court

Janet Gilligan, Esq., Deputy Director, RI Legal Services

Daniel C. Guglielmo, Esq., Chief, Domestic Violence Unit, RI Attorney General

Stacey A. Pires-Veroni, Esq., Chief, Criminal Division, RI Attorney General

Michelle M. Alves, Esq., Office of the RI Public Defender

This program focuses on client representation in upholding and/or defendingagainst Restraining and No Contact Orders in Family Court, District Court andSuperior Court in civil and criminal matters. The seminar includes a presentationon the jurisdictional requirements and relief available in these courts. Members ofthe Bench who hear the matters discuss how their courts address these issues andwhat they expect of attorneys appearing before them.

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10:45am – 12:00pm Opportunity Tweets: Social Media and Technology in the Judiciary

.5 CREDIT + 1.0 ETHICS Moderator: Ted Nesi, Digital Reporter, WPRI-TV

LEVEL – ALL Speakers: Hon. Brian P. Stern, Associate Justice, RI Superior Court

Brian J. Lamoureux, Esq., Pannone Lopes Devereaux & West, LLC

Craig Berke, Director of Community Outreach, RI Supreme Court

The explosion of social media (Facebook, Twitter, LinkedIn) and technology(iPhones, Blackberries) creates confusion about how they can and should be usedby lawyers, clients, judges, witnesses, jurors and court personnel. The panelists dis-cuss the use of social media and technology in the courts, addressing evidentiaryissues, ethical concerns, jury conduct, and best practices for lawyers and judges to follow.

10:45am – 12:00pm Best Practices and Avoiding Pitfalls in the US Bankruptcy Court*

1.5 CREDITS Moderator: Marcia McGair Ippolito, Esq., East Greenwich

LEVEL – ALL Speakers: Hon. Diane Finkle, US Bankruptcy Court Judge

William K. Harrington, Esq., US Trustee, MA, NH, ME, RI

Lynda L. Laing, Esq., Strauss, Factor, Laing & Lyons

Christopher M. Lefebvre, Esq., Law Offices of Christopher M. Lefebvre

Andrew S. Richardson, Esq., Chapter 7 Bankruptcy PanelTrustee, Boyajian, Harrington, Richardson & Furness

Designed for lawyers who practice in or intend to practice in the U.S.Bankruptcy Court, this seminar focuses on best practice tips and avoidingpitfalls from the perspectives of: U.S. Bankruptcy Court Judge, D.R.I.; theU.S. Trustee, D.R.I.; a Chapter 7 Trustee, D.R.I., and bankruptcy attorney;and veteran creditor’s and debtor’s bankruptcy attorneys. Changes to theBankruptcy Court’s Loss Mitigation program are reviewed.

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10:45am – 12:00pm Difficult Privilege Issues in Civil Discovery*

1.0 CREDIT + .5 ETHICS Speakers: Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP

LEVEL – INTERMEDIATE Scott T. Lashway, Esq., Asst. Vice President & Counsel, MassMutual Financial Group

Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP

Making privilege determinations is increasingly difficult. The pace of litigation isaccelerated. The volume of discovery, especially e-discovery, is exploding. Cases aremore complex, interactions with experts more important. In-house lawyers wearmore hats and do more as budgets are cut. Lawyers need to understand quick peekagreements, clawback provisions, the implication of changes in the federal rules and recent privilege decisions that impact interactions with third parties., 30 (b)(6)witnesses, and more. This workshop reviews critical these privilege issues, providingupdates, discussing ethical obligations and identifying strategies for protecting thework product and attorney-client privileges.

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12:00 – 1:30pm Awards Luncheon – Convention Center, 1st floor

Rhode Island Bar Journal Lauren E. Jones Writing Award

The Rhode Island Bar Journal Writing Award recognizes authors of published BarJournal articles on the basis of effectiveness of presentation, legal significance, andaccuracy and depth of research and information provided.

Honorary Members Honoring our colleagues achieving fifty years of legal service

John A. Baglini, Esq. Hon. Robert W. Lovegreen

Thomas W. Barry, Esq. Gordon C. Mulligan, Esq.

David W. Carroll, Esq. Thomas Henry Quinn, Esq.

Paul J. Choquette, Jr., Esq. John L. Sousa, Esq.

Avram N. Cohen, Esq. Bowen H. Tucker, Esq.

Paul A. Fontaine, Esq. George M. Vetter, Jr., Esq.

V. Duncan Johnson, Esq.

Tribute to Chief Justice Joseph R. Weisberger – Michael R. McElroy

Address by Chief Justice Paul A. Suttell, Supreme Court of Rhode Island

Rhode Island Supreme Court Chief Justice Paul A. Suttell


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1:30 – 2:30pm The Dos and Don’ts of Appellate Practice: A View From the Bench

1.0 CREDIT Moderator: John A. Tarantino, Esq., Adler Pollock & Sheehan, P.C.

LEVELS – BEGINNER, Speakers: Hon. Paul A. Suttell, Chief Justice, RI Supreme CourtINTERMEDIATE Hon. Maureen McKenna Goldberg, Associate Justice,

RI Supreme Court

Hon. William P. Robinson, III, Associate Justice, RI Supreme Court

Hon. Gilbert V. Indeglia, Associate Justice, RI Supreme Court

Designed for lawyers who practice or who intend to practice in the Supreme Court,this seminar focuses on practical advice from members of the Rhode Island SupremeCourt including: 1) Supreme Court conferences before a Duty Justice, includinghow to make an appointment; information submitted in advance of the conference;most effective written presentations; best ways to present an argument; things toavoid; and how to maximize the chances for success. 2) Supreme Court motionpractice: suggestions on drafting effective and persuasive motion papers. 3) appellatebriefing: suggestions for a strong and effective appellate brief. 4) oral argument: suggestions for making persuasive arguments. 5) question and answer session.

1:30 – 2:30pm Advising the Government: A Conversation with Counsel to the Executive,

1.0 CREDITLegislative and Judicial Branches

LEVEL – ALLModerator: Julie P. Hamil, Esq., RI Judiciary Deputy General Counsel

Speakers: Claire J. V. Richards, Esq., RI Governor’s Executive Counsel

Susan G. Pegden, Esq., RI House Speaker’s Chief Legal Counsel

Edward M. Fogarty, Esq., RI Senate President’s Legal Counsel

Erika Kruse Weller, Esq., RI Judiciary General Counsel

Legal counsel from each branch of government discuss the structure and operationof their respective branches and explore the function of counsel in advising theagency. Learn who they are and how to contact them at this informative session.

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1:30 – 2:30pm File Sharing and Cloud Computing for Attorneys

1.0 ETHICS Speaker: Timothy J. Conlon, Esq., TJC Esq.

LEVEL – ALL Whether it is Dropbox, iCloud or GoogleDocs, clients are increasingly relying onthird-party or in-house file sharing solutions to move information to and from the law office. Professional practices are using shared files to collaborate with co-counsel and to share information with clients. The presentation addresses someof the more common technology solutions and the ethical issues related to the useof shared files.

1:30 – 2:30pm How the RIDEA and the OHHS Can Help You and Your Older Clients*

1.0 CREDIT Speakers: Catherine Taylor, Director, RI Division of Elderly Affairs

LEVEL – ALL Jacqueline G. Kelley, Esq., Legal Administrator, RI Health and Human Services

Deborah DiNardo, Esq., Partridge Snow & Hahn LLP

This session provides information and direction to sources of support for RhodeIsland elderly and their families including potential benefits and available resources.The panel discusses how, when and where to process assistance applications,Medicaid eligibility, estate recovery, and provides an insider’s view on the processingand handling of applications for benefits. The growing impact of financial abuse of the elderly is addressed, including questions to ask and issues to spot to helpidentify abuse by family and non-family members.

1:30 – 2:30pm Incorporating Philanthropy into an Estate Plan*

1.0 CREDIT Speakers: David G. Coon, Esq., Brown University Development Center

LEVEL – INTERMEDIATE Paul A. Silver, Esq., Hinckley, Allen & Snyder LLP

The seminar reviews tools, both simple and more complex, available to meet yourclient’s philanthropic goals. From how to make the most effective use of a charitablebequest, to a discussion of charitable remainder trusts and charitable lead trusts,the speakers highlight important techniques often overlooked or not used to maxi-mum effect. Areas covered include: methods affecting client income tax planning,gift tax planning and estate tax planning; ways to maximize the value of charitablegifts for fiduciary income tax purposes; and how inattention to tax allocation causes and fiduciary powers can negatively impact client philanthropy. While focusing primarily on the most common situations in planning for people of modest to more substantial means, techniques suitable for wealthier clients are also addressed.

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1:30 – 2:30pm Assistance Animals: Competing Interests and Dueling Perspectives

1.0 CREDIT Speakers: John W. Dineen, Esq., Providence

LEVEL – ALL Francis A. Gaschen, Esq., Legal Counsel, RI Commission onHuman Rights

This session focuses on the developing area of the law involving assistance animals,particularly in relation to housing, public accommodations, and employment. Thedifferent federal and state definitions of assistance animal, along with the variety of statutes, will be addressed. The speakers deal with the concept of reasonableaccommodations, when is a request made, what response is required, and whataccommodations are reasonable. Breed-specific rules or prohibitions are also discussed.

2:30 – 2:45pm Afternoon BreakEnjoy a range of refreshments, conversation and exhibitor products and services.



2:45 – 4:00pm Effective & Ethical Use of Email

1.5 ETHICS Speakers: Michael M. Goldberg, Esq., Legal Counsel,

LEVEL – ALLOffice of the RI General Treasurer

Heather M. Bonnet-Hebert, Esq., Mandell, Schwartz & Boisclair Ltd.

The speakers discuss the benefits and issues with using email as an effective com-munication method with clients. The topics covered include: 1) making sure yourengagement letter contemplates email communications; 2) what email address youshould use; 3) what should and should not be in your emails to clients; 4) cc’ing,bcc’ing and replying all; 6) delivery and read receipts; 7) the rules of attachments;8) when should you encrypt emails; 9) emails from your mobile phone; 10) delayedemails; 11) what to include and not include in your email signature; 12) sometimesemail isn’t the best, but it can work well with regular mail; and 13) client’s use ofemail.

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2:45 – 4:00pm What You Need to Know When Appearing Before a Rhode Island

1.5 CREDITSPublic Body

LEVEL – INTERMEDIATEModerator: Michael P. Robinson, Esq., Shechtman Halperin Savage, LLP

Speakers: Carly Beauvais Iafrate, Esq., Providence

Gayle Mambro-Martin, Esq., Legal Counsel /Policy Analyst, RI Employees’ Retirement System

Stephen M. Robinson, Esq., Robinson & Clapham

William J. Conley, Jr., Esq., Law Office of William J. Conley, Jr.

A discussion of legal issues that arise when appearing before public bodies in RhodeIsland, with an emphasis on avoiding traps for the unwary. Panelists discuss proceduraland substantive rights under the Administrative Procedures Act, access to discovery,making effective use of the Open Meetings Act, creation of an appropriate record, andhow to seek review of an adverse decision.

2:45 – 4:00pm International Child Custody Enforcement*

1.0 CREDIT + .5 ETHICS Moderator: Vincent A. DiMonte, Esq., Johnston

LEVELS – INTERMEDIATE, Speakers: Denise C. Aiken, Esq., Rhode Island Legal ServicesADVANCED Neville J. Bedford, Esq., Providence

This workshop highlights issues involving the Uniform Child Custody JurisdictionEnforcement Act, Federal Parental Kidnapping Act, and the Hague Convention.Experienced practitioners who have handled cases involving these Acts review theircases and provide tips on how to handle such cases and associated hurdles.

2:45 – 4:00pm Foreclosure and Evictions: Traps for the Unwary*

1.5 CREDITS Moderator: Jonathan L. Stanzler, Esq., Providence

LEVEL – INTERMEDIATE Speakers: Murray Gereboff, Esq., Gereboff & Gelade

Brian M. Kiser, Esq., Marinosci Law Group, P.C.

Michael Zabelin, Esq., RI Legal Services

This session explores current law on lender foreclosures and how they affect ownersand tenants in Rhode Island. The speakers discuss what the law is and the rights,duties and obligations of all interested parties.

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PLEASE NOTENEW SEMINAR MATERIALS FORMAT & ALTERNATIVE

This year, all seminar materials are on a USB flash drive,

the cost is included in your registration. Printed seminar

materials are available for an added charge of $30 and

must be pre-ordered. Please check the appropriate box on

the registration form and pay the fee to order your copy.

At-the-door registrants receive a USB flash drive only.


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2:45 – 4:00pm The Patient Safety and Quality Improvement Act: The New Privilege in

1.5 CREDITSLitigation and Healthcare

LEVEL – INTERMEDIATESpeakers: Paul E. Dwyer, Jr., Esq., Edwards Wildman Palmer, LLP

Peggy Binzer, Esq., McDermott Will Emery

John B. Moretta, Esq., Edwards Wildman Palmer, LLP

The federal Patient Safety and Quality Improvement Act (PSQIA) created a newprivilege for “patient safety work product,” excluding such materials from the liti-gation and regulatory process. The RI General Assembly enacted similar legislation.The panelists discuss the PSQIA, Congress’ legislative intent in enacting PSQIA, andthe impact of the PSQIA upon litigation, including malpractice claims and healthcare litigation. The speakers provide an overview of the PSQIA privilege and confi-dentiality protections, those in the Rhode Island Patient Safety and QualityImprovement Act, and the impact these on the discoverability of certain materials.

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PLEASE NOTENEW SEMINAR MATERIALS FORMAT & ALTERNATIVE

This year, all seminar materials are on a USB flash drive,

the cost is included in your registration. Printed seminar

materials are available for an added charge of $30 and

must be pre-ordered. Please check the appropriate box on

the registration form and pay the fee to order your copy.

At-the-door registrants receive a USB flash drive only.

ABA Retirement Funds401(k) & other retirement fundswww.abaretirement.com

Aon Attorneys AdvantageProfessional liability & insurance productswww.attorneys-advantage.com

Amicus Creative Media, LLCCustom website design and integrated site toolswww.amicuscreative.com

CasemakerLegal research library and toolswww.casemakerlegal.com

Catuogno Court Reporting & StentelTranscriptionLegal dictation & transcriptionwww.catuogno.us

CLIOCloud-based legal practice managementwww.goclio.com

CMIT SolutionsTechnological Supportwww.cmitsolutions.com/centralri

Commonwealth Law Book Co.Publisher of Rhode Island Rules Manual

Cornerstone Records ManagementRecords management and data protectionwww.cornerstone-rm.com

eVisionLaw Web MarketingWeb marketing and website designwww.evisionlaw.com

Excel Tech, Inc.Computer supportwww.exceltech.us

Herbert H. Landy Insurance AgencyProfessional liability insurancewww.landy.com

Lawyers Living a Balanced LifeAttorney coaching and support serviceswww.lawyerslivingabalancedlife.com

LexisNexisOnline & print legal news & business informationwww.lexisnexis.com

LexisNexis – Martindale HubbellEssential online visibility for your firmwww.lexisnexis.com/law-firm-marketing

Liberty MutualHome and auto insurance programswww.libertymutual.com/ribar

Rhode Island Association for JusticeAssociation for trial lawyerswww.rijustice.org

Rhode Island Judiciary – Cyber CaféComputer and web accesswww.courts.ri.gov

Rhode Island Lawyers WeeklyLegal newspapers & publicationswww.rilawyersweekly.com

Rhode Island Legal Services, Inc.Pro bono legal serviceswww.rils.org

Robson ForensicForensic engineering & scientific investigationwww.robsonforensic.com

Roger Williams University School of LawMarketing & recruiting www.law.rwu.edu

SJ Corio CompanyAuction, appraisal, and liquidation serviceswww.sjcorio.com

Summit PharmacyPharmacy service specializing in medication delivery www.summitrx.com

Thomson ReutersIntegrated information solutions; law practice & firmmanagement software and serviceswww.thomsonreuters.com

USI New England and Delta DentalEmployee medical & dental benefit programswww.usi.biz

Washington TrustPersonal/business banking & wealth managementwww.washtrust.com

Webster BankPersonal business banking, lending & investmentserviceswww.websterbank.com

FEATURED PRODUCT AND SERV ICE PROVIDERS

The Rhode Island Bar Association appreciates the support and patronage of the following featuredproduct and service providers, and encourages attendees to stop by their exhibit spaces to learn more.

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INFORMATION

AND FEES

General Information

The Annual Meeting registration deadline is Friday, June 7th. No registrations

will be processed after that date. If you have not registered by June 7th, you must

go to the walk-in registration desk. WALK-INS WILL NOT BE ON THE REGISTRA-

TION LIST. Early registration is strongly encouraged. We cannot guarantee seats,

meals, or conference materials to anyone registering after the deadline.

PAYMENT METHOD You may use cash, check, VISA, MasterCard, American Express, or Discover.

Faxed registrations are accepted when paying with a credit card. The fax number is

401-421-2703. We cannot accept telephone registrations, bill you, nor issue invoices.

Your cancelled check or charge receipt will serve as confirmation of your registration.

NOTE: Registrations cannot be processed without payment.

NEW SEMINAR This year, all seminar materials are on a USB flash drive, the cost is included in your

MATERIALS registration. Printed seminar materials are available for an added charge of $30

FORMAT & and must be pre-ordered. Please check the appropriate box on the registration form

ALTERNATIVE and pay the fee to order your copy. At-the-door registrants will receive a USB flash

drive only.

CHECK-IN Upon arrival, registrants and guests are required to check-in at the Bar Association

desk on the 5th floor pre-function area of the Convention Center. The desk opens

at 8:00 a.m. each day. Two-day registrants need only check-in on Thursday. To

avoid standing in long lines, we suggest you arrive early.

CANCELLATION Refunds, less a $20 processing fee, are given to registrants who cancel by

POLICY 12:00 noon, June 7th. There are no refunds for those who do not attend. However,

written materials are provided or a substitute, who would have paid the same

tuition rate, may attend for someone unable to do so.

SPECIAL Please indicate on the registration form if you require any special accommodations,

ACCOMMODATION or call the CLE office at 401-421-5740 (TTY 401-421-1666).

INFORMATION

AND FEES

Registration Fees

CLE SESSIONS The daily registration fee includes admission to all CLE sessions, conference materi-

als, continental breakfast, and coffee breaks. Registration is available for a full day

only. Tickets are not available for individual seminars. The one-day fee is $265

($225 for members admitted after 2008 and Associate Members). The two-day rate

is $365 ($310 for lawyers admitted after 2008 and Associate Members.) If you would

like both the USB and the printed materials, please add $30 to your registration fee.

$25 will be added to the registration fee after June 7th.

Don’t register at the door! Save $25 by registering before June 7th.

MEALS Tickets for the Thursday Luncheon and Friday Awards Luncheon are available

at a separate cost of $30 per person. Please order ahead. Meal tickets may not be

available at the door. Tickets for the Bar Association Annual Dinner may also be

purchased at a separate cost of $60 per person.

MCLE Annual Meeting seminars are approved for CLE credit as noted. Seminars marked

with an asterisk (*) are approved for re-certification to court appointment panels.

(Courses taken for credit for specific panels must be relevant to the panel.)

PARKING Parking is available, for a fee, in the Convention Center garages. The entrances are

on West Exchange Street. Parking is not included in the registration fee.

By registering for the Rhode Island Bar Association Annual Meeting, all attendees, instructors and

exhibitors acknowledge they may be photographed during the meeting. They agree that such photographs

are the sole property of the Rhode Island Bar Association, and they consent to the Bar Association’s

unrestricted use of their name, portrait, photograph and other likeness in any and all commercial,

promotional and advertising material without any monetary compensation.

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RHODE ISLAND BAR ASSOCIATION – 2013 ANNUAL MEETING REGISTRATION FORMYour registration will not be processed until you mail or fax this form with payment to the Rhode Island Bar Association.

Complete one, typed or legibly printed, form for each registrant. Please return completed form with full payment by mail or fax, no later than June 7, 2013.

Mail: Rhode Island Bar Association, 115 Cedar Street, Providence, RI 02903Fax: 401-421-2703 (fax payments by Visa, MasterCard, AMEX or Discover only)Payments must accompany registrations. No telephone registrations are accepted.

Online registration is not available for this event. However, an interactive pdf is available for your convenience at www.ribar.com.

Name __________________________________________________________________________________________ (last) (first) (MI)

Bar ID# ________________________________________________________________________________________

Firm ______________________________________________________________________________________________________

Address __________________________________________________________________________________________

City ______________________________________________ State ________________ ZIP __________________

Telephone ______________________________________________________________________________________

e-mail ________________________________________________________________________________________

FOR OFFICE USE

Check No. _________________ Amount $ _________________ Date received _________________

Registration FeesRegistration on or before June 7, 2013 after June 7, 2013 ($25 added)Members 2-day $365 ____________ $390 ____________Thurs. only $265 ____________ $290 ____________Fri. only $265 ____________ $290 ____________ $ _________________

Members admitted after 1/1/08 and Associate Members2-day $310 ____________ $335 ____________

Thurs. only $225 ____________ $250 ____________

Fri. only $225 ____________ $250 ____________ $ _________________

Meals (for all registrants)Thursday Lunch _________ @ $30 $ _________________

Thursday Annual Dinner & Entertainment _________ @ $60 $ _________________

Friday Awards Lunch _________ @ $30 $ _________________

PLEASE NOTE: This year, all seminar materials are on a USB flash drive. The cost for this is included in your registration. While printed seminar materials are available, there is an added charge of $30. If you do not choose to pay for the printed materials, you will receive a USB flash drive only.

Printed Seminar Materials _________ @ $30 $ _________________

Payment must accompany registration Total Enclosed $ _________________

Return form by June 7. Only registrations with payment will be processed.

Choose one: _________ Enclosed is my check payable to the Rhode Island Bar Association

_________VISA _________ MasterCard _________ AMEX _________ DISCOVER

Card # _____________________________________________________ Exp. date ____________________

Signature ________________________________________________________________________________ Please ensure your signature does not obscure your card # and/or Exp. Date.

Thursday, June 13, 2013 – Please check off the programs you plan to attendCheck one for each time slot.

9:20 – 10:20 am ________ 1 Keynote: Professor Arthur R. Miller, Esq. .5 credit + .5 ethics

10:45 am – 12:00 pm ________ 2 Making Your Case with a Better Memory 1.5 credits or ________ 3 Understanding Franchise Relationships* 1.5 credits or ________ 4 Digital Forensics for Litigators* 1.5 credits or ________ 5 Refusal Cases: Beyond the Basics* 1.5 credits or ________ 6 Remedies for Wrongful Terminations* 1.0 credit + .5 ethics or ________ 7 Civil Motions - Default & Default Judgments* 1.5 credits or ________ 8 Tax & Corp. Law: Business Buying & Selling* 1.5 credits

1:30 – 2:45 pm ________ 9 Making Your Case with a Better Memory 1.5 credits or ________ 10 Update on Energy Law 1.5 credits or ________ 11 Veterans’ Court 101* 1.5 credits or ________ 12 In Camera Testimony in Child Custody Cases* 1.5 credits or ________ 13 Advising Trustees in Special Needs Trusts* 1.0 credit + .5 ethics or ________ 14 Amendments to Medical Affidavits Statute* 1.5 credits or ________ 15 Federal Court Mediation 1.5 credits

3:15 – 4:30 pm ________ 16 Social Media & Family Law* 1.0 credit + .5 ethics or ________ 17 Recent Developments: RI Environmental Law 1.5 credits or ________ 18 Ten Things to Know about Legal Malpractice 1.5 ethics or ________ 19 Non-Traditional Family Wealth Management* 1.0 credit + .5 ethics or ________ 20 New Claims/Remedies: Wage/Hour Violations* 1.0 credit + .5 ethics or ________ 21 Medicare Secondary Payer Compliance* 1.5 credits or ________ 22 Doing Business Outside the USA 1.0 credit + .5 ethics

Friday, June 1 4, 2013 – Please check off the programs you plan to attendOnly check one for each time slot.

9:00 – 10:15 am ________ 23 Civil Case Law Update* 1.5 credits or ________ 24 Representing Clients before Parole Board* 1.0 credit + .5 ethics or ________ 25 Practical Tips: Drafting Good Contracts 1.5 credits or ________ 26 Decoding Military Pay in Family Court* 1.0 credit + .5 ethics or ________ 27 Maritime Law Primer* 1.5 credits or ________ 28 Settlement Agreements: Crossing Finish Line* 1.5 ethics or ________ 29 Law Practice Management Technology 1.0 credit + .5 ethics

10:45 am – 12:00 pm ________ 30 Criminal Case Law Update* 1.5 credits or ________ 31 Future of Legal Education & Law Schools 1.0 credit + .5 ethics or ________ 32 Animal Law Update 1.5 credits or ________ 33 Dom. Violence: Restraining/No Contact Orders* 1.5 credits or ________ 34 Opportunity Tweets: Social Media .5 credit + 1.0 ethics or ________ 35 Best Practices in Bankruptcy Court* 1.5 credits or ________ 36 Difficult Privilege Issues in Civil Discovery* 1.0 credit + .5 ethics

1:30 – 2:30 pm ________ 37 Dos & Don’ts of Appellate Practice* 1.0 credit or ________ 38 Advising the Government 1.0 credit or ________ 39 File Sharing & Cloud Computing 1.0 ethics or ________ 40 Div. of Elderly Affairs Help for Older Clients* 1.0 credit or ________ 41 Incorporating Philanthropy in Estate Plans* 1.0 credit or ________ 42 Assistance Animals 1.0 credit

2:45 – 4:00 pm ________ 43 Effective & Ethical Use of Email 1.5 ethics or ________ 44 Appearing before a Public Body 1.5 credits or ________ 45 International Child Custody Enforcement* 1.0 credit + .5 ethics or ________ 46 Foreclosure & Evictions: Traps for Unwary* 1.5 credits or ________ 47 Patient Safety & Quality Improve. Act Litig. 1.5 credits

* Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels.Courses taken for court appointment should be relevant to panels.

Rhode Island

Bar Association

115 Cedar Street

Providence, RI

02903

PRESRT STD

U. S. POSTAGE

PAID

Providence, RIPermit #1351

YOUR 2013 ANNUAL MEET INGSCHEDULE AND REG I STRAT ION

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Rhode Island Bar Association 20 13 ANNUAL MEETING Bar AnnMeet_2013...Civil Motions for Default &...

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