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Unauthorized Practice of Law

The Rhode Island Supreme Court declines to limit union non-lawyers representation at labor arbitration hearings.  The Unauthorized Practice of Law Committee had found a technical violation by the union but sought guidance from the Rhode Island Supreme Court.  The Court declined based on several grounds but predominately the Court reasoned the long-standing practice to allow non-lawyers representation, usually someone approved by the unions.  The Court’s opinion was thorough and includes a national historical analysis of non-lawyer representation during arbitration hearings as well an informed discourse on Rhode Island’s history.  See full Opinion at In re Town of Little Compton, No. 11-101 (February 9, 2012).

 

Categories: News.

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Court Needs To Determine Ability to Pay Arrearage Before Making Order to Pay

Rhode Island Supreme Court overturns Family Court holding that retirement benefits arrearage awarded to spouse in divorce decree be paid within 120 days.   The Court founded its decision on the Family Court’s failure to determine the Plaintiff’s ability to pay.   While the Supreme Court found for the Plaintiff on this issue, it nonetheless left intact the Family Court’s findings that the Respondent should not be denied benefits. Plaintiff choose not to retire when he was eligible, thereby prolonging when Respondent would start receiving the agreed to benefits as part of property settlement reached during divorce proceedings.  See full text of Opinion on Rhode Island Judiciary website .  Michael D. Bloschichak v. Dianne F. Bloschichak, No. 10-182 (February 6, 2012)

Categories: Family Court, Recent Decisions.

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GPS Tracking Device Placed on Vehicle Ruled Unconstitutional by U.S. Supreme Court

The United States Supreme Court has issued a ruling on the use of GPS (Global-Positioning-System) device and the resulting convictions. The Court ruled that it was unconstitutional for the police violated the Constitution when they placed a Global Positioning System tracking device on a suspect’s car and tracked its movements for 28 days. See The United States v. Jones.

Categories: Criminal.

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Rep. Watson Arrested in South Kingstown

The Providence Journal is reporting that East Greenwich Republican State Representative Robert Watson has been arrested for a second time in less than a year.

The police said they seized the open beer can along with two Corona Extra beer bottles, a marijuana pipe with residue of a leafy substance and a plastic bag containing suspected marijuana. Watson, 51, of 103 S. Pierce Rd. in East Greenwich, was charged with possession of marijuana, first offense, a misdemeanor.

This is Watson’s second arrest.  He was charged with illegal operation of a motor vehicle under the influence of alcohol or drugs, possession of marijuana and possession of drug paraphernalia following a traffic stop in April, 2011 in Connecticut.

Categories: News.

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Personal Injury Statute of Limitations in Rhode Island

Many people do not know that they only have a certain amount of time to bring a lawsuit after they have been injured.

In Rhode Island, this amount of time, called the “statute of limitations” is generally 3 years from the time of the injury.

There are several exceptions to this general rule, including if the injured party was a minor at the time of the incident or if the injured party did not discover the negligence until a later date.

Please consult an experienced attorney today to learn more about your statute of limitations.

 

Categories: News.

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A Little More Than The Law

Not only do we provide legal services, but our website will also point to resources available that are not necessarily legal remedies.  For example, a client comes in because they are getting evicted and their work comp claim is being objected to prolonging the process.  The client has no other form of income.  We  ask,  have you done your TDI?  No.  Have you applied for Rent Assistance? No.  Have you applied for Heating Assistance?  No.  None of these services involved the client’s case, however, they are things that some clients do not know about.   And the lists are much deeper than that.  This will be our part of our site: a full service law firm that provides a little more than the law.

Categories: Service.

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Providence Journal: “Judge: Town can’t collect $69,500 for $119 late fee”

Categories: News.

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