Rhode Island Lawyers Weekly articles from December 2006

Rhode Island Lawyers Weekly archives from December 2006

Superior Court Case Summaries: December 4, 2006.
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Contract Mutual mistake Where plaintiffs seek reformation of defective deeds under which interests in the defendants' condominium property was conveyed to them, the request for reformation...

U.S. District Court Case Summareies: December 4, 2006.
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Arbitration Interlocutory appeal - Bankruptcy Where a U.S. Bankruptcy Court judge denied a motion to enforce an arbitration of a dispute between a plaintiff debtor and defendant creditors,...

Commentary: selling a practice must be done right.
December 4, 2006... Byline: Edward Poll I have written before in this column that selling a law practice to another qualified lawyer is a positive for everyone concerned. Not only do the buying and selling attorneys benefit, but the clients also benefit when...

Indefensible: One Lawyer's Journey Into the Inferno of American Justice.(Book review)
December 4, 2006... Byline: Wendy S. Wayne "Indefensible: One Lawyer's Journey Into the Inferno of American Justice" By David Feige Little Brown 2006; $24.95 Having been a public defender for 17 years, I have been asked the same question...

With new term ahead, Rhode Island AG reflects on nightclub, lead-paint cases.(Attorney Genera Patrick C. Lynch)(Interview)
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff PATRICK C. LYNCH Attorney General's Office, Providence Born: Feb. 4, 1965; Providence Education: Suffolk University Law School (1992); Brown University (1987)Bar admission: 1992 ...

1st Circuit rules judge needn't raise issue of pre-indictment delays.
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff A trial judge was not obligated to dismiss criminal charges against a defendant who neglected to file a motion on his own behalf after the government failed to indict him within the time limits set...

Massachusetts law applies to insolvency fund's obligations, rules RI Superior Court.
December 4, 2006... Byline: Eric T. Berkman An insolvency fund's obligation to pay claims on behalf of an insolvent Massachusetts insurer to Rhode Island accident victims must be reduced by amounts already collected by the victims under their own underinsured...

Notices from the Courts: December 4, 2006.
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff U.S. Bankruptcy Court invites public comment OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF PROPOSED LOCAL FORM AMENDMENT Pursuant to 28...

R.I. Supreme Court Case Summaries: December 4, 2006.
December 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Advisory opinion request - Insurance company directors Where, on June 22, 2006, the Rhode Island Senate introduced a resolution requesting that we issue an advisory opinion...

U.S. Supreme Court Case Summaries: December 11, 2006.
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff Immigration State offense - Felony A state offense constitutes a felony punishable under the federal Controlled Substances Act and triggering deportation only if it proscribes conduct...

Deborah DiNardo joins Partridge, Snow & Hahn in Providence.(Laura F. Pedrick)(Brief article)
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff Deborah DiNardo has joined Partridge, Snow & Hahn in Providence as a partner in the personal planning group. Laura F. Pedrick has joined the firm as marketing director.

Commentary: When it's necessary to terminate a lawyer.
December 11, 2006... Byline: Edward Poll Plenty of news stories attest that associates are not satisfied with their lot in life, particularly at large law firms. The current business model of these firms "eats 'em up and spits 'em out." This "culling...

Credentials not as important as expert's ability to teach.
December 11, 2006... Byline: Bill Ibelle Credentials or stage presence? When it comes to selecting an expert witness, deciding which quality should take precedence often depends on how central the expert's testimony is to the fundamental question being put...

Commentary: Truth stranger than fiction in Grisham's latest crime tale.(Book review)
December 11, 2006... Byline: Matt Harper-Nixon "The Innocent Man: Murder and Injustice in a Small Town" By John Grisham Doubleday, 2006 360 pages; $28.95 John Grisham has made a career writing books that often rely on legal situations...

Commentary: Truthfulness in negotiations: a little room to maneuver?
December 11, 2006... Byline: James J. Marcellino and David Gacioch When reading a recent American Bar Association Journal, both of us were struck by the subtitle of an article on lawyers' ethics: "Ethics Rules on Truthfulness Give Lawyers a Little Room to...

Accounting firm may be subject to third-party liability.(Brief article)
December 11, 2006... Byline: Eric T. Berkman A shareholder could sue a company's outside accounting firm for alleged negligence in its preparation of the company's financial statements, a Superior Court judge has ruled. The accounting firm argued that the...

Recreational use statute bars woman's suit vs. city.
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff A woman and her husband could not sue the City of Providence for injuries the woman suffered while fleeing a swarm of bees in a municipal park, the Rhode Island Supreme Court has found. The...

Lead-paint lawyer: 'The tide has changed'.(Interview)
December 11, 2006... Byline: Noah Schaffer Lawyers Weekly has selected three Rhode Island attorneys to honor who stood out from the crowd in 2006 -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise...

Mary M. Lisi assumes position of USDC chief judge.(United States District Court)
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff UNITED STATES DISTRICT COURT District of Rhode Island December 1, 2006 U.S. District Judge Mary M. Lisi has assumed the position of Chief Judge of the United States District Court for...

R.I. Supreme Court Case Summaries: December 11, 2006.
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Preliminary injunction - Stay Where defendants have moved for stay of a preliminary injunction, the motion will be denied. Discussion "This case came before the...

Superior Court Case Summaries: December 11, 2006.
December 11, 2006... Byline: Rhode Island Lawyers Weekly Staff Negligence Accountant - Malpractice Where a plaintiff shareholder has charged the defendant accounting firm with malpractice in the preparing of financial statements, the defendant's...

Commentary: In holiday season, keep those cards and letters coming.(Column)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Have you noticed that your junk mail is beginning to arrive with a little more mirth than usual? Yes, it's that time of year. Here come the holiday cards. Right down Santa Claus Lane. (You...

Providence firm donates to 12 charities in cities where its firms are located.(Hinckley, Allen and Snyder L.L.C.)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff 'Tis the season to give, give, give. While many firms this time of year celebrate with holiday parties and office gift-swaps, one Providence firm has taken the spirit of the season to the next...

Rhode Island Lawyers of the Year - Joseph S. Larisa Jr.(Interview)
December 18, 2006... Byline: Noah Schaffer Each year, Lawyers Weekly honors three Rhode Island attorneys who stood out from the crowd -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise furthering the...

Rise in military divorces keeps family lawyers busy.
December 18, 2006... Byline: Sylvia Hsieh Military marriages are another casualty of the wars in Iraq and Afghanistan, and many divorce attorneys are getting a crash course on how to handle these complex cases. The increased number and length of overseas...

U.S. District Court judge rules award of fees to ACLU not barred.(American Civil Liberties Union)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff A public advocacy group may collect counsel fees for its work in a federal civil rights suit despite state rules barring fee-sharing with nonlawyers, a U.S. District Court judge has ruled. The...

RI Human Rights Commission Case Summaries: December 18, 2006.(Rhode Island)(Brief article)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Harassment - Retaliation Where a respondent employer terminated a complainant employee following the complainant's reporting of workplace harassment, the respondent must be...

R.I. Supreme Court Case Summaries: December 18, 2006.(Rhode Island)(Medeiros v. Cornwall )
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to amend Where a judge awarded a defendant summary judgment and then denied as moot the plaintiff's motion to amend the complaint, the judge erred, as the motion to...

State Ethics Commission Case Summaries: December 18, 2006.(Brief article)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Appointment - Lincoln Juvenile Hearing Board Where the petitioner is a candidate for appointment to the Lincoln Juvenile Hearing Board, it is our opinion that he would...

Superior Court Case Summaries: December 18, 2006.(Sjogren v. City of Warwick Board of Public Safety, et al.)(State v. Thibodeau )
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Administrative Notice - Hearing Where the Warwick Board of Public Safety denied a plaintiff's request for payment to purchase a central air conditioning system, which the plaintiff claimed...

1st U.S. Circuit Court of Appeals Case Summaries: December 18, 2006.(Vars, et al. v. Citrin, et al.)(Calvi v. Knox County, et al.)(United States v. Milkiewicz)(United States v. Rodriguez-Pena )
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Liquor license termination Where (1) plaintiffs filed a civil rights action against the defendants, alleging that the defendants committed due process violations in connection...

U.S. District Court Case Summaries: December 18, 2006.(Inmates of the Rhode Island Training School v. Martinez, et al.)(Brief article)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Attorneys Prevailing party - Federal preemption Where (1) the American Civil Liberties Union and its local affiliate have been representing the prevailing plaintiffs in an ongoing 42...

U.S. Supreme Court Case Summaries: December 18, 2006.(BP America Production Company v. Burton )(Brief article)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Administrative Mineral leasing The six-year statute of limitations on actions brought by the government seeking to recover royalties under the Mineral Leasing Act only applies to court...

RI Lawyers in the News: December 18, 2006.(Sandra Sousa and Thomas E. Romano appointed)(Brief article)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff New associations Sandra Sousa and Thomas E. Romano have joined Lisa & Sousa in Providence as associates.

Commentary: Coach's Corner: Why is marketing bad?(Column)
December 18, 2006... Byline: Edward Poll Some of us can still remember when lawyer advertising was prohibited by the Code of Professional Conduct. It took a landmark U.S. Supreme Court decision in Arizona v. Bates nearly 30 years ago to reassure lawyers that...

Chief information officer of Boston law firm offers advice on subject of records management.(Henry Chace of Burns and Levinson)
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff How To... offers advice on a variety of subjects related to the management of a law practice. This week, Henry Chace, chief information officer at the Boston firm of Burns & Levinson, goes on the...

Commentary: How legal search firms get paid for their services.(Column)
December 18, 2006... Byline: Stephen E. Seckler Law firms rely on recruiters to attract associates with top credentials and gain introductions to partners with portable business. Talented associates who are considering a lateral move use recruiters to help...

1st U.S. Circuit Court of Appeals Case Summaries: December 25, 2006.
December 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Excessive force Where a plaintiff has appealed a summary judgment awarded to the defendants in an excessive force case, the plaintiff's appeal must fail, as (1) the summary...

R.I. Supreme Court Case Summaries: December 25, 2006.(Rhode Island)(Horton v. Horton)(Medeiros v. Cornwall )
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Restraining order - Mootness Where a restraining order being appealed by the defendant expired on May 2, 2006, we hold that his appeal is moot and must be dismissed. ...

Commentary: The Federal Rules of Civil Procedure, they are a-changin'.
December 25, 2006... Byline: Matthew C. Baltay and Matthew E. Miller Effective Dec. 1, the Federal Rules of Civil Procedure have been amended. The amendments, which aim to bring the federal rules into the e-era, concern discovery with respect to the newly...

U.S. court rules worker eligible for FMLA despite break in his employment.(Family and Medical Leave Act)(Rucker v. Lee Holding Company)
December 25, 2006... Byline: David E. Frank A car salesman who had recently returned to a dealership after a five-year break in his employment was still entitled to relief under the Family and Medical Leave Act, the 1st U.S. Circuit Court of Appeals has found...

Rhode Island Lawyers of the Year - Luis M. Matos.
December 25, 2006... Byline: Noah Schaffer Each year, Lawyers Weekly honors three Rhode Island attorneys who stood out from the crowd -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise furthering the...

RI Supreme Court rules prenup agreement valid despite unconscionability.(Rhode Island)(Marsocci v. Marsocci)
December 25, 2006... Byline: Eric T. Berkman A prenuptial agreement was enforceable even though its terms were unconscionable and the wife executed it without the assistance of an attorney while her husband was represented by counsel, the Rhode Island Supreme...

R.I. Supreme Court Case Summaries: Dec. 25, 2006.(Rhode Island)(Dallman, et al. v. Isaacs, et al.)(Sentas v. Sentas )
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Appeals Waiver Where (1) plaintiffs filed a complaint challenging a town council's amendment of a zoning ordinance, (2) a judge awarded the defendants summary judgment on the ground that...

RI State Ethics Commission Case Summaries: Dec. 25, 2006.(Rhode Island)(Brief article)
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Library trustee - Mail service business Where the petitioner is (1) a member of the Board of Trustees for the Middletown public library and (2) the co-owner of a mail...

RI Superior Court Case Summaries: Dec. 25, 2006.(Rhode Island)
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Appeals Probate Court order Where a Probate Court order has been appealed, the appeal must be dismissed because of the appellants' failure to perfect the appeal. "This matter is before...

U.S. Bankruptcy Court Case Summaries: DEc. 25, 2006.(Brief article)
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Taxes - Priority Where the commonwealth of Puerto Rico has filed a proof of claim as to income taxes for calendar year 2001, that claim is entitled to priority under the plain...

1st U.S. Circuit Court of Appeals Case Summaries: Dec. 25, 2006.(Santa-Rosa v. Combo Records)(United States v. Cao)(Family and Medical Leave Act)(Rucker v. Lee Holding Company )
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Copyright Record albums - Preemption Where a plaintiff salsa composer has brought suit alleging that the defendant record company has failed to compensate him for five albums that the...

U.S. District Court Case Summaries: Dec. 25, 2006.(Gray, et al. v. Derderian, et al. )
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Negligence Deadly fire - Inspectors Where negligence claims have been brought against four defendant companies that conducted premises inspections in connection with the issuance or...

RI Workers' Compensation Court Case Summaries: Dec. 25, 2006.(Rhode Island)(Lentini v. Amalgamated Development, Inc.)(Brief article)
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Thoracic injury Where a trial judge found the injury suffered by a workers' compensation claimant to be a thoracic strain, we conclude that the medical evidence...

Seller's Market: New business for a firm could be in the cards.
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Seller's Market offers practitioners information about marketing their skills as attorneys. This week, reporter Barbara Rabinovitz asks Audra K. Callanan, director of marketing at the Concord,...

Commentary: Don't let flat-fee arrangements leave you flat broke.
December 25, 2006... Byline: Edward Poll Legal-fee alternatives to the billable hour continue to be a hot topic, and we've discussed them several times from the standpoint of what is reasonable for the client. However, alternative-billing arrangements should...

Getting off on the right foot: advice for new lawyers from Boston prosecutor.
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Expert Opinion taps the know-how of attorneys and others on a range of topics related to the business of the law. This being the season for newly admitted bar applicants to begin making their way...

Commentary: How to ... survey your firm's clients for feedback about lawyer services.(Column)
December 25, 2006... Byline: Rhode Island Lawyers Weekly Staff How To... offers advice on a variety of subjects related to the management of a law practice. This week, Jeffrey A. Miiller, a consultant with Kohn Communications, a coaching firm for lawyers on...