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. 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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.