James Thomas Hornstein Jr.
Lincoln, Rhode Island 02865
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Who Am I
•Licensed attorney in Massachusetts and Wisconsin
•Legal writing experience in Workers’ Compensation Court and Criminal Court
•Experience representing clients on the record
•Firm experience working for both employer and employee counsels and courts
BAR ADMISSIONS
Massachusetts, June 2017
Wisconsin, May 2016
COURT EXPERIENCE
Rhode Island Workers’ Compensation Court-Appellate Division
Judicial Clerk
Judge Olsson, September 2016-August 2017
•Drafted appellate decisions concerning various Rhode Island Workers’ Compensation issues. Topics researched and addressed included: the Parenteau evidentiary standard, the imposition of a Department of Labor and Training penalty for employer’s lack of required Workers’ Compensations insurance, and the application of Rhode Island’s “actual risk” test to determine whether the employee’s injury arose out of his employment.
•Researched and wrote memoranda for the trial judges of the Workers’ Compensation Court addressing procedural questions specific to the Rhode Island Workers’ Compensation system as well as other related issues involving corporate and pension law.
•Observed claims advance through all stages of Rhode Island’s Workers’ Compensation system including: pre-trial hearings, oral arguments before the Appellate Division, judicial mediation conferences, and scarring determinations. Wrote blurbs summarizing trial proceedings for cases to be heard by the Appellate panel.
Milwaukee County Circuit Court-Felony Division
Judicial Intern
Judge Wagner, January-April 2016
• Drafted Court Orders and supporting Memoranda for Judge Wagner concerning requisite warrantless probable cause and researched Wisconsin legal precedent for drug related arrests and detentions.
• Observed 120 plus hours of proceedings that covered the entirety of the different stages of Wisconsin criminal cases from voir dire, to direct and cross examination, to openings and closings. Analyzed and compared the dynamics of sentencing, pleading, and motion hearings to similar cases.
Unemployment Compensation Clinic, Milwaukee, Wisconsin
Representative, January-April 2015
• Represented clients on the record in misconduct, substantial fault, and concealment cases before Wisconsin Administrative Law Judges.
LEGAL RELATED EXPERIENCE
Timothy S. Ahearn, P.C. North Smithfield, Rhode Island
Law Clerk, May-August 2015
• Represented Workers‘ Compensation claims before conciliators and asserted that medical
records sufficiently support that the claims should move forward to the next step of the
Massachusetts process.
• Researched and wrote memoranda concerning the viability of Massachusetts employee
claims regarding idiopathic falls and mental-mental Workers‘ Compensation injuries.
• Assisted Attorney Ahearn in deposition preparation and initial client meetings concerning Massachusetts and Rhode Island Workers‘ Compensation and Personal Injury cases.
Higgins Cavanagh and Cooney, LLP, Providence, Rhode Island
Law Clerk, May-August 2014, May-August 2015
•Researched and wrote legal memoranda in various areas of law including Workers’ Compensation, products liability, asset division after divorce, as well as the applicability of the Daubert Rule.
•Drafted Motions for Summary Judgment concerning products liability and title
insurance.
•Researched and prepared materials for a Workers’ Compensation client seminar on the Right to Reinstatement, Suitable Alternative Employment, and the “Going and Coming Rule” exception.
EDUCATION
Marquette University School of Law, Milwaukee, Wisconsin
Juris Doctor, May 2016
Awards: Saint Thomas More Scholarship Recipient
Litigation Certificate
Pro Bono Society
Activities: The Federalist Society, Member
Marquette Law School Volunteer Legal Clinic
Wake Forest University, Winston-Salem, North Carolina
Bachelor of Arts in English, May 2013
References - available upon request