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Succession Planning What to do if you still have time to prepare! Stacey Gerrard LL.B. LIANS Counsel
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This session is interactive! Ask questions Make comments Provide suggestions and ideas Let’s share and compare so we can all benefit!
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www.lians.ca
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Tell me a little about yourself … In what areas do you practice? Are you solo or small firm? Where do you practice? How many years? What do you like about practice? What do you not like? Challenges?
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Who we are: LIANS and RPM Program Mandatory NS liability insurance in 1972 LIANS is a member of the Canadian Lawyers’ Insurance Association (CLIA), an insurance reciprocal that acts as insurer for the program RPM was created in 2005 to: Reduce the frequency and severity of our claims Develop practice management resources and tools
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My succession plan involves … 1.Selling my practice 2.Hiring a successor lawyer 3.Having multiple children 4.Working until I die
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Today we will look at … Successor lawyer Office and file organization Trust accounts File retention and destruction Insurance Financial planning
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SUCCESSOR LAWYER Marketing Advertise! Volunteer your time
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SUCCESSOR LAWYER Draft an agreement to include: Compensation and remuneration Duties and responsibilities Claims and complaints Staffing
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How often do you cull your files? 1.Always 2.When I think of it 3.When my secretary thinks of it 4.Never
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OFFICE AND FILE ORGANIZATION Office manuals ensure consistency, uniformity, and efficiency! If you won the lottery tomorrow, would your replacement know what to do?
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OFFICE AND FILE ORGANIZATION An office manual should include: Where closed files are kept Which files are active and which require immediate attention Software – what is being used? Bank account information
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OFFICE AND FILE ORGANIZATION Office procedures to capture in the manual: Culling files; How is information saved – both electronically and physically; File storage But the lists go on …
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TRUST ACCOUNTS Succession planning = good business practice Regularly reconcile your accounts Comply with regulatory monitoring and reporting requirements
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My file retention plan involves: 1.Scanning all documents 2.Shredding all documents 3.Culling as appropriate 4.Matches
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FILE RETENTION & DESTRUCTION KEEP THE FILE, THROW NOTHING OUT! (Or keep the file, but not everything in the file needs to be kept …) Recreating a file should a claim arise – Limitations of Actions Act versus discoverability Check regulatory requirements!
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FILE RETENTION & DESTRUCTION Create a policy! It should include: How to save paper and electronic documents When it becomes effective Is it retroactive? Naming conventions File destruction procedures How to cull your files
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In my office, a “record” is … 1.Any document created in any medium 2.Only “Word” documents 3.Whatever my secretary types 4.12 inches of vinyl
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FILE RETENTION & DESTRUCTION When culling files, what should you keep? Advice given to clients Instructions received from clients Decisions, orders, and judgments Trust account and CRA requirements
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INSURANCE Personal Life Provides a tax-free cash benefit to your beneficiaries when you die Duration of coverage Amount of insurance Cost over time Cash value Term vs. permanent Do your homework!
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INSURANCE Disability and Business Insurance Protection against lost income should you become incapable of working for a period of time Protection of assets against loss Canadian Bar Insurance Association (CBIA)
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INSURANCE Liability Insurance CLIA Voluntary Excess Program (VEP) provides extra coverage should a claim exceed primary mandatory limits Available to retired lawyers Contact your local liability insurer for more information on this product
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FINANCIAL PLANNING A financial planner can: Provide guidance Create a financial plan Assist with ongoing financial decisions
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Stacey Gerrard LL.B., LIANS Counsel Lawyers´ Insurance Association of Nova Scotia sgerrard@lians.ca 423 1300 x345 sgerrard@lians.ca Further questions? Contact:
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