NYSBA Elder Law Section: POA Revision Delayed Until 9-01-09

We are pleased to report that Governor Patterson has signed legislation extending the effective date of the new Power of Attorney statute which delays its effective date from March 1, 2009 until September 1, 2009.

I also want to thank the efforts of NYSBA staff members Ronald Kennedy and Kevin Kerwin in helping get this change approved by the Assembly and Senate and signed into law by the Governor.

We will be updating you more extensively on this new statute by enews and at upcoming programs including our Section’s Unprogram in Poughkeepsie on April 23 and 24, the Basic Skills programs at many sites in early May and at our Summer meeting in Washington D.C. July 23-26.

Timothy E. Casserly, Esq.
Chair, Elder Law Section

NY: Understanding the Revised Power of Attorney Statute


The New York Law Journal – Free With Registration: Elder Law

Elder Law

Understanding the Revised Power of Attorney Statute

By Daniel G. Fish
February 24, 2009
A recent amendment to the General Obligations Law1 has made a total revision to the power of attorney statute. It is hard to exaggerate the scope of the change. Four sections were repealed, 12 sections were amended and 13 new sections were added. Only two sections of the prior law were neither repealed nor amended.

***

Read the full text of the article here.

Practice Management and the New Rules of Professional Conduct


Tuesday, February 24, 2009
Sponsored by the Committee on Law Practice Management and the General Practice Section

 

Practice Management and the New Rules of Professional Conduct
CLE Teleconference

Find out how the new rules affect your practice

Tuesday, February 24, 2009

12:00 p.m. – 2:00 p.m.
(Eastern Time)
Moderator:
Professor Gary Munneke

Speakers:
Marian Rice, Esq.
Thomas Rice, Esq. 

On April 1, 2009, the New York Rules of Professional Conduct will replace the existing Disciplinary Rules. In addition to adoption of ABA Model Rules Format, the new rules bring changes that affect the manner in which you manage your law firm or practice on your own. Learn the overall format of the newly enacted Rules and how the Rules:

Significantly change the manner in which a conflict of interest should be analyzed and resolved;

Alter the existing rules on the relationship between attorney and client and the allocation of authority in the attorney client relationship;

Impact upon the current letters of engagement rules and the circumstances under which attorneys may agree to a division of fees;

Set forth the attorney’s responsibilities and duties to prospective clients who have not engaged the attorney;

Affect the current definitions of attorney-client communications;

Delineate the role of an attorney when dealing with a client of diminished capacity;

Permit, under certain circumstances,evaluations to one other than the client;

Define the role of the lawyer as a third party neutral;

Specify an attorney’s obligations before a tribunal;

Expand an attorney’s obligation in speaking with unrepresented parties;

Include direction on the inadvertent receipt of documents and respect for the rights of third persons; and

Set forth aspirational goals for pro bono service.

register at www.nysba.org/practicemanagementcle

Law.com – N.Y. Bar Panel Urges Adoption of New Conduct Rules


Joel Stashenko

New York Law Journal (read Entire Article)November 7, 2007

Attorneys in New York state are a step closer to becoming the last Bar in the United States to have rules of ethical behavior based in form and substance on the American Bar Association’s Model Rules of Professional Conduct.

The New York State Bar Association’s House of Delegates last Saturday unanimously approved revisions that are designed to transform New York’s current Code of Professional Responsibility into new state Model Rules of Professional Conduct.

It took the State Bar’s Committee on Standards of Attorney Conduct nearly five years to produce the almost 500 pages of proposed rules, which will now be sent to the appellate division’s presiding justices for review and possible final adoption.

***

New Online Employer Identification Number Application


Taxpayers can now request an Employer Identification Number (EIN) online through IRS.gov and get it within minutes. The EIN is immediately recognized by IRS systems, so your clients can begin using it right away for most business purposes.

Find out more in news release IR-2007-161.

Strange Name-Great Blog!!

Supraspinatus;

Supraspinatus(SOO-pra-spy-NATE-us)

The Official Unofficial Blog of the New York State Bar Association Health Law Section has a unique name; but is chock full of health law-related posts and links–neat graphics, too.

Paul Gillan, who runs the NYSBA Health Law Section listserv, announces the kickoff of Supraspinatus, the “Official Unofficial Blog of the NYSBA Health Law Section”. The purpose of the blog is to provide a forum for the timely sharing and discussion of news and developments relative to New York health law practitioners. The blog will serve as a complement to the listserve and the Health Law Journal, which combined will provide a full panoply of reference and analysis resources to health law section members.

Click Here for Supraspinatus.

CHAPTER 458 LAWS OF NEW YORK 2007

CHAPTER TEXT:

LAWS OF NEW YORK, 2007

CHAPTER 458

AN ACT to amend the real property actions and proceedings law and the
civil practice law and rules, in relation to providing additional
notice to mortgagors that a foreclosure action has been commenced

Became a law August 1, 2007, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. The real property actions and proceedings law is amended by
adding a new section 1320 to read as follows:
§ 1320. Special summons requirement in private residence cases. In an
action to foreclose a mortgage on a residential property containing not
more than three units, in addition to the usual requirements applicable
to a summons in the court, the summons shall contain a notice in bold-
face in the following form:
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court,
a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your prop-
erty.
Sending a payment to your mortgage company will not stop this foreclo-
sure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR
THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
§ 2. Subparagraph (iii) of paragraph 3 of subdivision (g) of section
3215 of the civil practice law and rules, as added by chapter 77 of the
laws of 1986, is amended to read as follows:
(iii) This requirement shall not apply to cases in the small claims
part of any court, or to any summary proceeding to recover possession of
real property, or to actions affecting title to real property, except
residential mortgage foreclosure actions.
§ 3. This act shall take effect immediately.