Rhode Island Lawyers Weekly articles from January 2009

Rhode Island Lawyers Weekly archives from January 2009

Commentary: money woes of client no excuse for pro bono bid.
January 5, 2009... Byline: Gretchen Neels In Do the Right Thing, consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. A number of people I know have lost considerable assets...

Commentary: coach's corner: do you realize how much you're billing?
January 5, 2009... Byline: Edward Poll One of the hallmarks of the law is that lawyers often use specialized terms for common-sense ideas. A good example of this is the realization rate. Realization is simply the percentage of what is billed that is...

Commentary: in tough times, take tough-minded approach to tech budget.
January 5, 2009... Byline: Henry B. Chace I am working on my 2009 technology budget for my firm. It's a painful process even in good times, as I plan projects, upgrades, new hardware and software and match dollars to it all, along with explanations and...

Commentary: cutting overhead can be painful procedure.
January 12, 2009... Byline: Edward Poll The cost represented by people is the largest expense at all law firms those with hundreds or even thousands of lawyers and staff, and the small firm or even the solo practice. There is no question that lawyers and...

Late fees avoidable in bankruptcy proceeding, rules 1st Circuit Bankruptcy Appellate Panel.
January 12, 2009... Byline: Thomas E. Egan A $50-per-day penalty imposed on a debtor for late alimony payments could be avoided in his Chapter 13 proceeding, the 1st Circuit Bankruptcy Appellate Panel has found. The debtor's former wife argued that the...

Amended arbitration award valid, rules 1st Circuit.
January 12, 2009... Byline: Eric T. Berkman An arbitrator did not abuse his authority by awarding $77,000 to a general contractor involved in a contract dispute with a subcontractor and later reducing the award by $66,000 to offset money still due under the...

Federal prosecutor gains 'new perspective' after stint in Iraq.(Interview)
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff While serving in Iraq, Assistant U.S. Attorney Stephanie S. Browne was happy to see her team of colleagues shrink from 40 to four. That's because the Providence-based prosecutor, who was assigned to...

R.I. District Court.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles Refusal to submit to chemical test Where a motorist has appealed a Traffic Tribunal ruling that he refused to submit to a chemical test and violated ordinance provisions...

R.I. Supreme Court.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Disbarment Where a respondent attorney has filed an affidavit stating that he freely and voluntarily consents to disbarment, "we deem that an order disbarring the...

State Ethics Commission.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Zoning - Sibling Where the sister of a member of the Woonsocket zoning board works as an accounting analyst for CVS Caremark, the board member may nevertheless...

Superior Court.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Motion for post-conviction relief Where an individual has petitioned for post-conviction relief, I find that such relief cannot be granted because the petitioner "has failed to...

U.S. Bankruptcy Court.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Alimony - Penalties Where a debtor has appealed from a U.S. Bankruptcy Court order overruling the debtor's objection to his former wife's proof of claim, which consisted...

1st U.S. Circuit Court Of Appeals.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Arbitration Finality - Redetermination of merits Where an arbitrator, after awarding $77,000 in a contract dispute, later entered a modified award reducing that amount by $66,613.89, the...

U.S. District Court.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Elections Inaccurate ballot Where plaintiff voters, claiming that their civil rights were infringed as a result of using ballots that included the name of a candidate who had withdrawn...

U.S. Magistrate Judges.
January 12, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to quash non-party subpoena Where, in an action for contribution and cost recovery, the defendant has moved to quash a non-party subpoena, I hold that the motion...

Commentary: with humility, a job loss can be your gain.
January 12, 2009... Byline: Gretchen Neels In Do the Right Thing, consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. I never thought I would find myself looking for work two...

Commentary: in this new year, a legal writer resolves to ...
January 12, 2009... Byline: Julie Baker Happy New Year! As we welcome a new year and the opportunity for a fresh start, many of us make resolutions for our personal and professional growth and development. Why not do the same for your legal writing? Below is...

Rhode Island Lawyers Weekly News Briefs: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Senate elects first female president Sen. M. Teresa Paiva-Weed has become the first woman elected to serve as Rhode Island Senate president. The former Democratic majority leader replaces...

Automobile policy suspension valid despite late notice, rules R.I. Superior Court judge.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff An auto insurer's suspension of property damage coverage was enforceable despite the fact that the insurer sent the policyholder notice of the suspension one day later than required by state...

New rule makes IOLTA mandatory in Rhode Island.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Historically, lawyers in Rhode Island have been able to decide for themselves whether they want to participate in the Interest on Lawyers' Trust Accounts program, which uses the interest from small...

Employment contract not violated by firing, rules R.I. Supreme Court.
January 19, 2009... Byline: Thomas E. Egan An executive who disobeyed an order from his company's president could be fired without notice of the claimed misconduct and a chance to respond, the Rhode Island Supreme Court has ruled. The defendant executive,...

R.I. District Court.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles Refusal to submit to chemical test - Untimely appeal Where (1) the Traffic Tribunal Appeals Panel issued and mailed to the defendant on Feb. 1, 2008 a decision upholding a...

R.I. Supreme Court.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil service Disability pension Where this court has granted a petition for a writ of certiorari filed by a firefighter seeking review of a decision of the Employees' Retirement Board of...

State Ethics Commission.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee - Union negotiations Where the Narragansett school committee vice chairperson, who is a member of a union represented by the National Education...

Superior Court.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Insurance Suspended coverage - Notice Where an insurance company has denied a claim for physical damage, the insurer acted permissibly given that coverage had been suspended. Valid...

1st U.S. Circuit Court Of Appeals.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Commercial Unjust enrichment - Unfair trade practices Where a judge ruled in favor of a plaintiff on claims of unjust enrichment claim and unfair trade practices, the judgment was valid but...

Commentary: Marketing: it's an effort, not a strategy.
January 19, 2009... Byline: Edward Poll Marketers have frequently complained that they are not given a "seat at the table" of law-firm management. Some months ago, the Legal Marketing Association, in Strategies: The Journal of Legal Marketing, tried to...

1st U.S. Circuit Court of Appeals Case Summaries: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Social services Disability benefits - Reopening of application Where a U.S. District Court judge, acting sua sponte, ordered the defendant Commissioner of Social Security to reopen an...

Rhode Island Supreme Court Case Summaries: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Employment Termination - Cause Where (1) a plaintiff company brought a complaint seeking a preliminary injunction barring the defendant, a terminated executive, from competing with the...

Rhode Island Superior Court Case Summaries: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Insurance Suspended coverage - Notice Where an insurance company has denied a claim for physical damage, the insurer acted permissibly given that coverage had been suspended. Valid suspension...

Rhode Island District Courts Case Summaries: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Motor vehicles Refusal to submit to chemical test - Untimely appeal Where (1) the Traffic Tribunal Appeals Panel issued and mailed to the defendant on Feb. 1, 2008 a decision upholding a...

Rhode Island State Ethics Commission Case Summaries: January 19, 2009.
January 19, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Conflict of interest School committee - Union negotiations Where the Narragansett school committee vice chairperson, who is a member of a union represented by the National Education...

R.I. District Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Misconduct Where the Board of Review of the Rhode Island Department of Labor and Training concluded that a terminated state employee was entitled to unemployment...

R.I. Supreme Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Flight instruction - Peremptory challenge Where a jury found a defendant guilty of conspiracy to commit first-degree robbery, first-degree robbery, attempted robbery, carrying a...

Rhode Island Superior Courts Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Insurance Indemnification Where a subcontractor, having been ordered to indemnify a general contractor in connection with a wrongful death suit, claims that the indemnification obligation...

1st U.S. Circuit Court Of Appeals.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Administrative Hospital - Physician - 'Investigation' Where a hospital reported to the Secretary of Health and Human Services that a physician had surrendered his clinical privileges while...

U.S. Magistrate Judges.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Mortgages TILA - Rescission - Notice Where a plaintiff borrower alleges that he was not given sufficient notice of his right to rescind the loan within three days, the complaint should be...

U.S. Supreme Court.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil rights Gender discrimination - Schools Title IX of the Education Amendments of 1972 does not preclude a 42 U.S.C. Sect. 1983 action alleging unconstitutional gender discrimination in...

Commentary: don't let a credit line become a noose.
January 26, 2009... Byline: Edward Poll I have warned about the dangers of law firms paying staff salaries and even partnership draws by using their bank lines of credit. In a credit line arrangement, the firm borrows and repays at will up to the amount...

Commentary: new year a time for new approach to client development.
January 26, 2009... Byline: Lisa G. Meyer Client satisfaction is an ongoing pursuit. This is a great time to look back on your client development successes in 2008 and make a few resolutions for the new year. Consider any personal initiatives you can make...

U.S. Supreme Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Criminal Failure to report to jail Failing to report to jail does not constitute a violent felony under the Armed Career Criminal Act, and therefore can't be the basis for a 15-year mandatory...

1st U.S. Circuit Court of Appeals Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Administrative Hospital - Physician - 'Investigation' Where a hospital reported to the Secretary of Health and Human Services that a physician had surrendered his clinical privileges while...

U.S. Magistrate Judges Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Prisons Allegation of improper medical care Where a plaintiff prison inmate has sued two defendants, alleging that he received improper medical care, I recommend that the complaint be...

Rhode Island Supreme Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Criminal Sexual assault - Child molestation Where a defendant has appealed his convictions for first-degree and second-degree sexual assault and child molestation, we hold that the appeal...

Rhode Island Superior Courts Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Insurance Indemnification Where a subcontractor, having been ordered to indemnify a general contractor in connection with a wrongful death suit, claims that the indemnification obligation is...

Rhode Island District Court Case Summaries: January 26, 2009.
January 26, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Unemployment compensation Misconduct Where the Board of Review of the Rhode Island Department of Labor and Training concluded that a terminated state employee was entitled to unemployment...

The top 10 IP cases of 2008.(intellectual property)
January 26, 2009... Byline: Kirk Teska Nowadays, everyone seems to have a top 10 list. If you want to sound IP savvy at a cocktail party when everyone else is discussing the top 10 movies, books or CDs, here's a top 10 list of important intellectual property...

Commentary: cost-saving New Year's resolutions for in-house counsel.
January 26, 2009... Byline: Erik P. Bodenhofer and Christopher M. Morrison As the Dow continues to plummet and the credit squeeze forces companies in every sector to cut costs, it comes as little surprise that legal budgets are on the chopping block. ...

Homeowner could not rely on invalid building permit, rules R.I. Superior Court judge.
January 26, 2009... Byline: Thomas E. Egan The city of Providence could order the removal of a deck from a garage even though a building permit had been issued allowing the completion of the project, a Superior Court judge has found. The city argued that...