N E W Y O R K S TAT E B A R A S S O C I AT I O N

NYSBACLE
Tuesday, September 20, 2011 Rochester Thursday, September 22, 2011 New York City Monday, October 3, 2011 Westchester Wednesday, October 5, 2011 Long Island Thursday, October 6, 2011 Albany

4.5
MCLE Credits

INCLUDES 4.0 ethics credits
See inside for more details.

Risk Management for Attorneys 2011 – Protect Your Practice
Reasons to Attend • Earn 4.0 ethics credits (4.5 total credits) • Learn about standardization of engagement, non-engagement and disengagement letters • Learn about malpractice insurance considerations and purchasing the appropriate coverage • Learn about dangers in office sharing and implied partnerships • Includes a segment on conflicts of interest
Participants in the Risk Management for Attorneys 2011 – Protect Your Practice program will receive a 7.5% credit toward their CNA Lawyers’ Professional Liability premium. Please note that the 7.5% credit is per attorney participation in the program regardless of status (open to full-time, part-time and moonlighting attorneys).

Register Now!
Save Money, and Guarantee Your Seat at the Program!!!
Sponsored by the Law Practice Management Committee, the Committee on Insurance Programs and the Committee on Continuing Legal Education of the New York State Bar Association

Program Description
The New York State Bar Association Law Practice Committee is pleased to present Risk Management for Attorneys 2011 – Protect Your Practice. Designed for all practicing attorneys regardless of their level of expertise, the seminar features panelists who will offer practical tips to help improve your practice and lessen the possibility of a malpractice claim or grievance. Earn 4.0 MCLE ethics credits while getting up-to-date tips from experienced practitioners and consultants. The program carries a total of 4.5 MCLE credits. Program Topics • Competency in Area of Practice • Recognizing and Handling Conflicts of Interest – Proper Client Intake • Effective Client Relations and Resolving Attorney-Client Disputes • Relations with Others, including Partners and Non-Clients • Insurance Considerations, including the Appropriate Coverage and the Importance of Proper and Timely Notice The program includes an overview of the New York Rules of Professional Conduct, disciplinary rules, recent developments and cases of interest.

Agenda
8:30 a.m. 9:00 – 9:10 9:10 – 10:00 Registration Welcome and Introduction – Local Chair A. Competency in Area of Practice – • Mandatory continuing legal education [22 N.Y.C.R.R. § 1500] • Referrals and associations with attorneys proficient in area of representation • Dangers in office sharing and implied partnerships • Graphs/Charts – problematic areas of practice • Develop a docket control procedure for appointments and reminders • File retention 11:50 – 12:40 p.m. 10:00 – 10:50 B. Conflicts of Interest – Proper New Matter/ Client Intake • Maintenance of conflict procedures • Lateral hires • Identifying the client • Conflicts between attorney and client • Simultaneous representation of clients with adverse interests • Transactions between lawyer and client • Conflict between present and former client • Representing business organizations Refreshment Break C. Client Relations • Choosing the client carefully • Client’s expectations • Informative and truthful communications • Statement of Client’s Rights and Responsibilities [22 N.Y.C.R.R. § 1210.1] • Importance of the clear, unambiguous written letter of engagement [22 N.Y.C.R.R. § 1215] • Standardization of engagement, nonengagement & disengagement letters • Informed consent 12:40 – 1:05 E. • • • • • • Insurance Considerations Purchasing the appropriate coverage The insurance application Claims made coverage Coverage for prior acts The importance of proper and timely notice Extended reporting periods/retirement • Preserving the secrets and confidences of a client • Limiting liability to a client • How to avoid suits for fees – Fee Arbitration Rules [22 N.Y. C.R.R. § 1230] • Escrow requirements [22 N.Y.C.R.R. § 1300 et seq.] • Importance of documenting a file • Resolving attorney-client disputes – Mediation of Attorney-Client Disputes [22 N.Y.C.R.R. § 1220] • E-mail • Proper withdrawal from employment D. Relations with Others • Integrity in dealing with non-clients – Standards of Civility [22 N.Y.C.R.R. § 1200, Appendix A] • Intra-firm relationships • Dealing with partners • Supervisory responsibilities of law firms and attorneys • Scope of supervisory responsibility of lawyers • Ethical issues facing newly admitted attorneys • Stress management and Lawyers’ Assistance Programs • The “innocent” partner • Lawyer advertising and marketing

10:50 – 11:00 11:00 – 11:50

1:05 – 1:15 1:15 p.m.

Questions and Answers Adjournment

4.5 TOTAL CREDITS
4.0 ethics, 0.5 areas of professional practice and/or law practice management
This basic-level course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

This program has also been approved for MCLE credit by the State Bar of California and the Pennsylvania Continuing Legal Education Board for 0.5 credit hour of substantive law and 3.0 credit hours of ethics. All inquiries regarding MCLE credits may be directed to (518) 487-5606. The New York State Bar Association’s Committee on Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York. IMPORTANT NOTICE: PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED. Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

Program Faculty
Overall Planning Chair Marian C. Rice, Esq. L’Abbate Balkan Colavita & Contini, LLP Garden City, NY
Local Chairs and Speakers Rochester: Dennis R. McCoy, Esq. (Chair), Hiscock & Barclay LLP, Buffalo * Glenn Fjermedal, Esq., Davidson Fink LLP, Rochester * Harry F. Mooney, Esq., Hurwitz & Fine, PC, Buffalo, * Mike Mooney, USI Affinty. New York City: Mark K. Anesh, Esq. (Chair), Lewis Brisbois Bisgaard & Smith LLP, New York * Robert Anthony, CNA Insurance * A. Michael Furman, Esq., Furman Kornfeld & Brennan LLP, New York City * Mark E. Housman, Esq., Housman & Associates PC, Tarrytown * Mike Mooney, USI Affinty * Marian C. Rice, Esq., L’Abbate Balkan Colavita & Contini, LLP, Garden City * Jeffrey G. Steinberg, Esq., Steinberg & Cavaliere, LLP, White Plains. Westchester: Mark E. Housman, Esq. (Chair), Housman & Associates PC, Tarrytown * Mark K. Anesh, Esq., Lewis Brisbois Bisgaard & Smith LLP, New York * A. Michael Furman, Esq., Furman Kornfeld & Brennan LLP, New York City * Mike Mooney, USI Affinty * Marian C. Rice, Esq., L’Abbate Balkan Colavita & Contini, LLP, Garden City * Jeffrey G. Steinberg, Esq., Steinberg & Cavaliere, LLP, White Plains. Long Island: Marian C. Rice, Esq. (Chair), L’Abbate Balkan Colavita & Contini, LLP, Garden City * Mark K. Anesh, Esq., Lewis Brisbois Bisgaard & Smith LLP, New York * Janice D. DiGennaro, Esq., Rivkin Radler, LLP * R. Evon Idahosa, Esq., Furman Kornfeld & Brennan LLP, New York City, * Mike Mooney, USI Affinty. Albany: Scott W. Bush, Esq. (Chair), Corrigan, McCoy & Bush, PLLC, Rensselaer * Mike Mooney, USI Affinty. Additional panelists to be announced

Participants in the Risk Management for Attorneys 2011 – Protect Your Practice program will receive a 7.5% credit toward their CNA Lawyers’ Professional Liability premium. Please note that the 7.5% credit is per attorney participation in the program regardless of status (open to full-time, part-time and moonlighting attorneys).

Information and Policies
Pre-registration Strongly Advised: You can save money and guarantee your seat and course materials by registering early. Registrations received or postmarked within 10 days of the event, or at the door, are subject to a higher registration fee. Seating is limited in all locations and registrations are taken on a first-come, first-served basis. If you plan to pre-register within 10 days of the program or to register at the door, please call the CLE Registrar’s Office at (800) 582-2452 to verify that the program is not sold out or that the date or location has not been changed. Pre-registrants are guaranteed a seat and set of course materials, and will automatically be notified if there are any such changes in the date or location of the program. Cancellations are easy – full refunds are given: Your full registration fee will be refunded if you give us notice no later than the close of business (4:45 p.m. EST) on the day prior to the date of the program for which you registered. To cancel, write the CLE Registrar’s Office at One Elk Street, Albany, New York 12207; or fax (518) 487-5618; or call (800) 582-2452. If you do not cancel and do not attend the program, a complete set of materials will be forwarded to you in consideration of the registration fee. Non-registrants may purchase program materials after the final program date. MCLE Credit: This program is acceptable for MCLE credit in New York and many other MCLE jurisdictions. Please see inside of this brochure for details. Tuition Assistance: New York Attorneys may apply for tuition assistance to attend this program based on financial hardship. Any New York attorney who has a genuine financial hardship may apply for tuition assistance for a CLE program by completing a Tuition Assistance Request Form and returning it to the CLE Department no later than five working days prior to the program, explaining the basis of his/her hardship. If granted, the attorney will receive tuition assistance, depending on the individual’s circumstances. For more details, please contact our CLE Registrar’s Office at (800) 582-2452. Group Discounts: Subject to availability and exclusions, group discounts are available to law firms and organizations sending 5 or more employees to any one NYSBA CLE program. Please contact Debbie York, Registrar at 1-518-487-5600 for more information. Non Members: Join the NYSBA and enjoy great discounts on CLE seminars, products, and other valuable NYSBA services. NYSBA members can save 30 percent or more over non-members on CLE seminars alone. Join now and take advantage of NYSBA membership discounts throughout the year. If you wish to join, please contact NYSBA Membership Services at (518) 487-5577 and an application will be sent to you. Tape Recording of NYSBA Seminars is not permitted. Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O’Brien at 518-487-5585.

R E G I S T R AT I O N F O R M
Name____________________________________________________________________________________ Address _________________________________________________________________________ _________________________________________________________________________________ City _________________________________________ State _________ Zip ________________ Please enroll me in “Risk Management for Attorneys 2011 – Protect Your Practice” Member ID ___________________________________________ Business Phone ( ________ ) ___________________________ Email _________________________________________________

■ Rochester, Tuesday, September 20, 2011 (0B985) ■ Westchester, Monday, October 3, 2011 (0B987) ■ Albany, Thursday, October 6, 2011 (0B981)
PROGRAM FEES NYSBA Members–$125 Non-members–$195

■ New York City, Thursday, September 22, 2011 (0B984) ■ Long Island, Wednesday, October 5, 2011 (0B983)

4 EASY WAYS TO REGISTER
Online at www.nysba.org/cle Call us at 1.800.582.2452 (U.S. and Canada) or 518.463.3724 in the Albany & surrounding area Mail to: Registrar’s Office New York State Bar Association One Elk Street, Albany, NY 12207

■ Check or money order enclosed in the amount of $ ____________
(Please make checks payable to the New York State Bar Association.)

■ Charge $ ___________ to ■ American Express ■ Discover ■ MasterCard ■ Visa
Valid from __________ to __________ Card number Authorized Signature ______________________________________________________________

Fax the order form to 518.487.5618

For more information on our CLE Coupon Plan offering substantial savings on full-day, live programs, please contact the Registrar’s Office at 1.800.582.2452.

Source Code: CL3395

Program Locations
Important Note: If you plan to pre-register within 10 days of the program or register at the door, please call us at (800) 582-2452 or in Albany and surrounding area, dial (518) 463-3724, to verify that the program is not sold out or that the date or location has not been changed. Those who pre-register in advance of the program will automatically be notified of any such changes and will receive a full refund up to the day prior to the program, if they cannot attend and notify us of their cancellation. Please pre-register as early as possible. Tuesday September 20, 2011 Rochester Radisson Hotel Rochester Riverside 120 East Main Street Rochester, NY 14604 (585) 546-6400 Concierge Conference Center 780 Third Avenue New York, NY 10017 (212) 735-0072 Westchester Marriott 670 White Plains Road Tarrytown, NY 10591 (914) 631-2200 Wednesday October 5, 2011 Long Island Melville Marriott 1350 Old Walt Whitman Road Melville, L.I., NY 11747 (631) 423-1600 New York State Bar Association One Elk Street Albany, NY 12207 (518) 463-3200

Thursday September 22, 2011 New York City

Thursday October 6, 2011 Albany

Monday October 3, 2011 Westchester

See our Fall 2011 schedule online at www.nysba.org/cle

REGISTER EARLY, SAVE MONEY, AND GUARANTEE YOUR SEAT AT THE PROGRAM!!!

NYSBACLE

presents

Risk Management for Attorneys 2011 – Protect Your Practice

4.5
MCLE Credits

INCLUDES 4.0 ethics credits
See inside for more details.

Registrant note: Is your name and address listed correctly on the mailing label at the right? If not, fill in correction below and return this page to NYSBA. If you receive multiple copies of this brochure, please pass them along to colleagues who may be interested in this program.

Name ________________________________________________________________

Telephone ( _________ ) ______________________________________________ Business Address _____________________________________________________ Firm _________________________________________________________________

■ Send program admission ticket to address shown on label at right ■ This is a new address, please change your records ■ Send to the address below

REGISTRANT: PLEASE PROVIDE MAILING INSTRUCTIONS OR ADDRESS CORRECTION

Mail to: CLE Registration Office New York State Bar Association One Elk Street, Albany, NY 12207

NEW Y ORK STATE BAR ASSOC IATION CONTINUING LEGAL EDUCATION

STREET/SUITE NUMBER/CITY/STATE/ZIP FIRST/INITIAL/LAST

POSTMASTER: CONTAINS DATED MATERIAL. PLEASE DELIVER PROMPTLY. THANK YOU.

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