STATEMENT OF CLIENT RIGHTS

Many litigants, especially in matrimonial cases, will retain and then let go more than one lawyer. I have been there, either as the new lawyer or the one being let go. So I would like to post the Statement of Clients Rights (which can be found at Section 1210.1 of the Joint Rules of the Appellate Division or 22NYCRR§1210.1):

1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer's office.

2. You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).

3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.

4. You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory.

5. You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.

6. You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.

7. You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).

8. You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.

9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.

10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.

PROTESTING PROPERTY ASSESSMENTS IN NASSAU COUNTY

Recently, the Long Island newspaper Newsday had an article about how Nassau County's new assessor suggested in an internal email that residential tax protest firms may be committing fraud through misleading solicitations. These firms charge a fee, usually 50% of your tax saving, if successful, plus costs. Without commenting on them, Nassau County residential landowners should know that they can protest their tax assessment themselves without the help of a tax protest firm or lawyer. The Nassau County Assessment Review Commission ("ARC") website at http://www.nassaucountyny.gov/agencies/ARC/index.html is both informative and useful. The ARC is an independent agency, separate from the Nassau County Department of Assessment and is responsible for annually reviewing all applications for correction of assessment filed in Nassau County. They encourage you to look at their website which has up-to-date and accurate information on taxes, assessments and filing appeals and is the only administrative review commission in New York State that enables you to file an appeal directly through a website. Their on-line appeal system is called AROW – Assessment Review On the Web. Through AROW, you can do an automated search of recent sales in your area to determine if your home is overvalued. This sales search feature is available to you year round, 24 hours a day, seven days a week. If, after your search of recent sales, you find the value of your property is excessive, they encourage you to file an application for correction of assessment. The next opportunity to file an appeal will be after the Department of Assessment sets its next tentative assessment roll on January 2, 2010. Your time to file an appeal based on that tentative assessment is between January 2, 2010 - March 1, 2010.

ESTATE PLANNING CONSIDERATIONS

Recently, I had a will execution. The estate was not large, the testator was a young person, but let us discuss what documents, when estate tax and medicaid/medicare/SSI/SSD issues are not involved, which should be part of an individual's estate plan:

1. Will
2. A Power of Attorney (NOTE: the rules change on the proper form on 9/1/09)
3. Health Care Proxy and/or Living Will
4. Medical Orders for Life-Sustaining Treatment (MOLST) Program
5. Do Not Resuscitate Orders
6. Standby Guardian Designation (if you have minor children)
7. Life Insurance Designations
8. Trusts
9. Property Transfers To Avoid Probate

Now each item mentioned is complex, there are many variations, etc. to each one - and, of course, always consult a lawyer. Many of these will be discussed later.

WHAT IF THE DEPARTMENT OF LABOR SAYS THEY WANT TO GET BACK BENEFITS PAID TO ME

This is from the New York Department of Labor website and I bring this up as this issue recently came to me: "If it has been determined that you have been overpaid benefits, you will receive a written Notice of Determination explaining the reason for the overpayment and how to request a hearing if you disagree.If you think you were paid benefits in error, it is important to notify the Telephone Claims Center. If you are entitled to further benefits, you may be able to use those benefits to repay the overpayment. Check with the Telephone Claims Center for instructions. Failure to repay an overpayment may result in additional charges for interest. In addition, arrangements have been made with other state agencies that enable the Department to intercept payments due you to repay amounts owed to the Department. A forfeit penalty, called Willful Misrepresentation, may be imposed. Cases of fraud are considered misdemeanors or felonies and may be prosecuted." In this situation, I advise that you retain counsel. You can get a list of attorneys and others who handles theses cases from State of New York Unemployment Insurance, Appeal Board, Executive Suite, 9 Bond St., Brooklyn, NY 11201

FOR LAWYERS IN NASSAU COUNTY

The current recession has hit us. Many lawyers and legal professionals were laid off in the past year; small firms and sole practitioners have seen a dramatic slowing of business; new law school graduates are still looking for work. What can lawyers who are in between jobs do to increase their chances of finding work? What can lawyers who are out of work do to stay in touch with colleagues and stay on top of developments in the law? How can lawyers who still have a job, but who fear an impending layoff or who are seeking a new situation, best put themselves into the marketplace? May I recommend, from an American Bar Association podcast I listened to yesterday, that you check out The Creative Lawyer website http://www.thecreativelawyer.typepad.com/

CAUTION FROM THE NASSAU COUNTY CLERK

Yesterday, I received a form letter from Nassau County Clerk Maureen O’Connell cautioning homeowners about mass mailings recently sent to residents from the "US Government Federal Citizen Information Center" or such other names. I have received one myself. These mass mailings urge homeowners to purchase a “certified copy” of the deed to their home. All deeds for property located in Nassau County are recorded and maintained at the County Clerk’s Office and only the Clerk’s Office can issue certified copies of these records. It appears that private companies are soliciting the purchase of a deed on behalf of the homeowner for more than 1000% over the Clerk’s office fees. Anyone wishing to request a certified copy of their deed can contact Clerk O’Connell’s office at 516-571-2664 for further information. And this is from the Nassau County Clerk's website:
"How do I obtain a copy of my Mortgage or Deed? The fastest way to obtain this information is to come to this office. We are located at 240 Old Country Road, Mineola. Computer terminals are located within our office and are available to the public during normal business hours to research mortgages, deeds and other documents affecting real property within Nassau County. Knowing your section, block, and lot will be helpful when researching a property. If you are unable to come in person, title companies can do the research for you. For a referral to a reputable title company, you can contact the New York State Land Title Association at 212-964-3701. Please provide us with as much information as possible. If you know the section, block and lot the charge is $1.30 for a document up to 2-pages; $.65 per page for every page thereafter. If you require us to do a search for that information, the charge is $7.00, for up to a 4-page document, plus $1.00 per additional page. "

A WORD OF CAUTION ON THE MORTGAGE MODIFICATION COMPANIES

At the heart of the President Barack Obama's ambitious plan to rescue the housing market is the conviction that restructuring distressed mortgages will keep struggling borrowers in their homes and help insert a floor beneath plummeting property values. Whether you call it a loan modification, mortgage modification, restructuring, or workout plan, it’s when a borrower — who is facing great financial hardship and is having difficulty making their mortgage payments — works with their lender to change the terms of their mortgage loan. The workout plan could result in temporary or permanent changes to the mortgage rate, term and/or monthly payment of the loan as the plan’s goal is to help the borrower reduce their monthly mortgage payments. One word of caution: this new bill has spawned a whole new wave of loan modification salespeople who might be perfectly fine and those who are not. Be careful. Also, it’s always good to hire legal counsel. Get a referral from your local bar association. Because when dealing with anyone who specializes in this field, it may be best to deal with someone who is local in the event any problems arise - it is easier to speak to someone who has an office a mile away from you than someone who has an office at the other end of the country.