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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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Presentation on theme: "Succession Planning What to do if you still have time to prepare! Stacey Gerrard LL.B. LIANS Counsel."— Presentation transcript:

1 Succession Planning What to do if you still have time to prepare! Stacey Gerrard LL.B. LIANS Counsel

2

3 This session is interactive! Ask questions Make comments Provide suggestions and ideas Let’s share and compare so we can all benefit!

4 www.lians.ca

5 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?

6 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

7 My succession plan involves … 1.Selling my practice 2.Hiring a successor lawyer 3.Having multiple children 4.Working until I die

8 Today we will look at … Successor lawyer Office and file organization Trust accounts File retention and destruction Insurance Financial planning

9 SUCCESSOR LAWYER Marketing Advertise! Volunteer your time

10 SUCCESSOR LAWYER Draft an agreement to include: Compensation and remuneration Duties and responsibilities Claims and complaints Staffing

11 How often do you cull your files? 1.Always 2.When I think of it 3.When my secretary thinks of it 4.Never

12 OFFICE AND FILE ORGANIZATION Office manuals ensure consistency, uniformity, and efficiency! If you won the lottery tomorrow, would your replacement know what to do?

13 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

14 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 …

15 TRUST ACCOUNTS Succession planning = good business practice Regularly reconcile your accounts Comply with regulatory monitoring and reporting requirements

16 My file retention plan involves: 1.Scanning all documents 2.Shredding all documents 3.Culling as appropriate 4.Matches

17 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!

18 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

19 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

20 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

21 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!

22 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)

23 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

24 FINANCIAL PLANNING A financial planner can: Provide guidance Create a financial plan Assist with ongoing financial decisions

25 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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