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How to Lose a Client in 10 Steps JULY/AUGUST 2008 VOL. 80 | NO. 6 JournalNEW YORK STATE BAR ASSOCIATION How to Lose a Client in 10 Steps Don’t turn a promising relationship Also in this Issue into a one-off representation Riverkeeper v. Planning Board of the Town of by Richard B. Friedman Southeast and Carla M. Miller The New York State Parent Education and Awareness Program 2007 Insurance Law Update Derivative Actions on Behalf of LLCs NEW YORK STATE BAR ASSOCIATION “I regard my New York State Bar Association membership as an important component of my career as an attorney. I believe NYSBA serves an invaluable role protecting the rights of the public as well as our ability as lawyers to serve our clients.” Seymour W. James, Jr. Member since 1978 NYSBA Members — Keeping the Association strong, vibrant and responsive since 1876. www.nysba.org BESTSELLERS FROM THE NYSBA BOOKSTORE July/August 2008 Attorney Escrow Accounts, New York Lawyer’s Deskbook, Representing People with Second Edition (2006) Second Edition (2007–2008) Disabilities, Third Edition The Second Edition offers comprehensive coverage WINNER OF THE ABA’S CONSTABAR AWARD (2007 Revision) of the most common situations involving client funds The Second Edition consists of 25 chapters, each A comprehensive reference that covers the myriad and clearly discusses the legal and ethical issues covering a different area of practice. Each chapter legal concerns of people with disabilities. It is the ideal reference for those who want a “one-stop” encountered. gives the nuts and bolts of practice in that particular source for a thorough overview of the legal frame- PN: 40266 / Member $45 / List $55 / 266 pages area of law. PN: 4150 / Member $250 / List $325 / 2,092 pages work affecting individuals with disabilities. PN: 42158 / Member $160 / List $200 / 1,588 pages Collections and the Enforcement New York Lawyer’s Formbook, of Money Judgments (with 2006 FFormsorms Supplement) Second Edition (2007–2008) oonn CCDD The Formbook is a companion volume to the NEW! This classic text provides detailed guidance in the New York Lawyer’s Deskbook and includes 21 Construction Site Personal Injury field of debt collections and enforcement of money sections, each covering a different area of practice. Litigation — New York Labor Law judgments. Completely updated with the cumulative PN: 4155 / Member $250 / List $325 / 3,244 pages §§ 200, 240(1), 241(6) (2008 Revision) supplement. Perhaps no single scheme of statutory causes of action PN: 4030 / Member $105 / List $140 / 804 pages New York Municipal Formbook, FFormsorms has initiated more debate. 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PN: 4167 / Member $75 / List $95 / 288 pages PN: 4087 / Member $35 / List $55 / 230 pages NYSBA Practice Forms on Practitioner’s Handbook for CD-ROM—2007-2008 FFormsorms Estate Planning and Will Drafting Appeals to the Court of Appeals, Access more than 700 forms for oonn CCDD FFormsorms use in daily practice. in New York (2006 Revision) oonn CCDD Third Edition (2007) Provides a practical overview of the complex This new edition updates topics on taking and PN: 61508 / Member: $280 / List: $315 rules and considerations involved in the various perfecting criminal and civil appeals, alternative procedures for selected appeals and how to write and aspects of estate planning in New York State. Public Sector Labor and present the appeal. Includes numerous sample wills and checklists. Employment Law, Third Edition (2008) PN: 4017 / Member $48 / List $57 / 234 pages This landmark text is the leading reference on public PN: 4095C / Member $175 / List $210 / 822 pages sector labor and employment law in New York State. Real Estate Titles, Everyone will benefit from the comprehensive cover- Foundation Evidence, Questions and Third Edition (2007 Revision) age of this book, whether they represent employees, Courtroom Protocols (2005) An all-time bestseller, this 2007 Edition is edited by unions or management. Practitioners new to the This manual contains a collection of the forms and James M. Pedowitz, Esq., a nationally renowned field, as well as seasoned attorneys, will benefit from protocols that provide the necessary predicate or expert in real estate law and title insurance, and the book’s clear, well-organized coverage of what foundation questions for the introduction of common authored by some of the most distinguished practitio- can be a very complex area of law. forms of evidence and the examination of witnesses. ners in the field. This is an essential guide to the many PN: 42057 / Member $150 / List $185 / 1,568 pp. PN: 4107 / Member $48 / List $57 / 172 pages complex subjects surrounding real estate law. Includes the new ALTA policies and TIRSA endorsements. PN: 521007 / Member $150 / List $180 / 1,632 pages * Free shipping and handling within the continental U.S. The cost for shipping and handling outside the continental U.S. will be added to your order. Prices do not include applicable sales tax. Expand your professional knowledge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0310 JournalNEW YORK STATE BAR ASSOCIATION BOARD OF EDITORS EDITOR-IN-CHIEF David C. Wilkes Tarrytown e-mail: [email protected] Mary Grace Conneely Monticello Willard H. DaSilva Garden City Philip H. Dixon Albany Lesley Friedman Rosenthal New York City Judith S. Kaye New York City Eileen D. Millett New York City Thomas E. Myers Syracuse John B. Nesbitt Lyons Eugene E. Peckham Binghamton Gary D. Spivey Albany MANAGING EDITOR Daniel J. McMahon Albany e-mail: [email protected] ASSOCIATE EDITOR Philip C. Weis Oceanside PUBLISHER Patricia K. Bucklin Executive Director NYSBA PRODUCTION STAFF ASSISTANT EDITOR Joan Fucillo DESIGN Lori Herzing Erin Corcoran EDITORIAL OFFICES One Elk Street Albany, NY 12207 (518) 463-3200 FAX (518) 463-8844 www.nysba.org ADVERTISING REPRESENTATIVE Network Publications Chris Martin Executive Plaza 1, Suite 900 11350 McCormick Road Hunt Valley, MD 21031 (410) 584-1960 e-mail: [email protected] EUGENE C. GERHART (1912 – 2007) Editor-in-Chief, 1961–1998 CONTENTS JULY/AUGUST 2008 HOW TO LOSE A CLIENT IN 10 STEPS BY RICHARD B. FRIEDMAN AND CARLA M. MILLER 10 DEPARTMENTS 5 President’s Message 18 Riverkeeper v. Planning Board of the 8 CLE Seminar Schedule Town of Southeast 14 Burden of Proof The Court of Appeals Reminds Lower BY DAVID PAUL HOROWITZ Courts Not to Second-Guess SEQRA 41 Planning Ahead Determinations BY ERIC W. PENZER AND ROBERT M. HARPER BY RICHARD L. O’ROURKE AND EDWARD J. PHILLIPS 44 Book Review BY HOWARD G. LEVENTHAL 26 The New York State Parent Education 46 Metes and Bounds and Awareness Program BY WILLIAM MAKER, JR. BY EVELYN FRAZEE AND SUSAN L. POLLET 52 Attorney Professionalism Forum 54 Language Tips 30 2007 Insurance Law Update BY GERTRUDE BLOCK Uninsured, Underinsured and 56 New Members Welcomed Supplementary Uninsured Motorist Law – 61 Classified Notices Part II 61 Index to Advertisers BY JONATHAN A. DACHS 63 2008–2009 Officers 38 Members of a Limited Liability Company 64 The Legal Writer May Now Commence Derivative Actions BY GERALD LEBOVITS on Behalf of the LLC CARTOONS © CARTOONRESOURCE.COM BY DAVID H. PEIREZ AND GABRIELLE R. SCHAICH The Journal welcomes articles from members of the legal profession on subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the Journal, its editors or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief or managing editor for submission guidelines. Material accepted by the Association may be published or made available through print, film, electronically and/or other media. Copyright © 2008 by the New York State Bar Association. The Journal ((ISSN 1529-3769 (print), ISSN 1934-2020 (online)), official publication of the New York State Bar Association, One Elk Street, Albany, NY 12207, is issued nine times each year, as follows: January, February, March/April, May, June, July/ August, September, October, November/December. Single copies $20. Periodical postage paid at Albany, NY and additional mailing offices. POSTMASTER: Send address changes per USPS edict to: One Elk Street, Albany, NY 12207. NYSBA Journal | July/August 2008 | 3 PRESIDENT’S MESSAGE BERNICE K.
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